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HomeMy WebLinkAboutContract 2192EJCDC STANDARD FORM OF AGREEMENT 2792 BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA (OWNER) and C and L Excavating Inc. (CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2009 STREET REHABILITATION AND ALLEY RECONSTRUCTION ,ZONE 4 ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: CITY PROJECT NO. 0902 • STREET RECONSTRUCTION • STREET MILL AND OVERLAY • ALLEY RECONSTRUCTION • WATER MAIN • SANITARY SEWER • STORM SEWER ARTICLE 3 -ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT (ENGINEER), who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 21 ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Alley Reconstruction Work will be substantially completed on or before May 22, 2009, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before June 12, 2009. B. The Work for the remainder of Project No. 0902 will be substantially completed on or before August 31, 2009, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before September 25, 2009. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 -CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR'S Bid, attached hereto as Exhibit A. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are 22 not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 P~°ogr~ess Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage; and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and Less 5% of ENGINEER'S estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected. attached to the certificate of Substantial Completion. 23 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07. ARTICLE 7 -INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 6% per annum. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited. the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CON"TRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied. (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 24 F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRAC"I~OR has discovered in the Contract. Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 25 ARTICLE 9 -CONTRACT llOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 21 to 28 ,inclusive). 2. Performance Bond (pages 00610-1 to 00610-2 ,inclusive). 3. Payment Bond (pages 00615-1 to 0061.5-2 ,inclusive). 4. Other Bonds (pages to ,inclusive). 5. General Conditions (pages 00700-1 to 00700-41 ,inclusive). 6. Supplementary Conditions (pages 00700-42 to 00700-50, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of a cover sheet and sheets numbered 1 through 15, inclusive, with each sheet bearing the general title Zone 4 and the City Project Number. 9. Addenda (numbers 1 to 1 ,inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. C'ONTRACTOR's Bid (pages 10 to 20 ,inclusive and pages 5 to 6 of Addendum 1, inclusive). b. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to ,inclusive). c. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to ,inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.O1.A are attached to this Agreement (except. as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. "The Contract Documents may only be amended., modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. 26 ARTICLE 10 -MISCELLANEOUS 10.01 terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment gf~Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions (if applicable). 27 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 1 ~ , ?009 (which is the Effective Date of the Agreement). OWNER: /~,'~,' ~d r rr Fehst, Cit ~ iVI. f~A~s~~. Mayor CONTRACTOR: C~1-~. ~ t ' hC By: ~t~i n CDC -~---. ~--.~ Title: a ~~1~~ [CORPORATE SEAL] A T (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution ofOWNER-CONTRACTOR Agreement). Attest: ~~" ~/ i~-- K®.~ Title: ~ ~ ~.. ~~~ Address~r giving notices: 3 r- License No. ~~ L-i/1 (Where applicable) Agent f'or service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name:.-_ ~~ ~ ~~ _-- Address:~__~ ~ ~,~ Phone:~~ ~~3 ~( e~-7' 1 _ 1=acsimile: ~~~3~~ 28 Address for grvmg notices: PEZ2Ft)~l:~1ANCE Bal'~D Any singular reference to Contractor, Surety, Owner or otherparty shall be considered plural where applicable, CONTRACTOR (Name and. Address}: C & L Excavating, Inc. 7939 Ridgewood Rd., PO Box 99 St. Joseph, MN 56374 O?1VtVER (Name and Address}: City of Columbia Heights 637 - 38th Avenue NE Columbia Heights, MN 55421 S>r7RETy' (Name and Address of Principal Plaee of Business}: Ohio Farmers Insurance Company One Park Circle Westfield Center, OH 44251 CONTRACT Date: April 14, 2009 Amaunt: Four Hundred Eighty Thousand Five Hundred Ninety Four and 45/100--------($480,594.45) I3escription (f.~aate and Lacaiian}: 2009 Street Rehabilitation and Alley Reconstruction, Zone 4 Contract No. 0902 Columbia Heights, Minnesota BOND Bond Number: 0065937 Date (Not earlier than Contract Data): April 16, 2009 Amount: Four Hundred Eighty Thousand Five Hundred Ninety Four and 45/100--------($480,594.45) Modifications to this Bond Farm; None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side. hereof, do each cause this Performance Bond to be duty executed on its behalf by its authorized of3:tcer, agent, ar representative. CONTRACTOR r~,~ PBR~CIPAL Company: xcavating, Inc. Signature: ~t~---"~' (Seat} Name and Title: Kevin Co President (space is prt~vided belaty for signatures of additional parties, if required.} 5I.IRPTY Ohio Farmers Insurance Company _____(Seat _... Surety's a and Corporate Seal Signansre and Tine Anita M:' Ficker, Attorney-In-Fact .(Attach Porver of Attortaey} Attest;.. ~ .--.~--- Signatureand Tit e g Cannir ,Agent CONTt2ACTOR AS PRINCIPAL Company: Signature; N/A (Seal} Name and Title: SURETY {Seat} Surety's 1Vame & Corporaie Seal gy; NIA Signature and Tine (Attach PowerafAttarney} Attest:. N/A Signature and Title.. tw.I~i}G iVo. C-6t0 (2002 Edttionj Qriglnat)y prepared through the joint efforts of the Surety AssoeiaYion of America, engineers JoinT GnntracY Documents Committee, rile Associated General Contractors ofAmerica, and theAmcrican Institiite of Architects. 00610-1 1, The Contractor and the Surety, jointly and severely, bind themselves, their heirs, executors, administrators, successors and 'assigns to t?wzter for .the perfornance of the Contract, which is lncorporatcd herein by reference, 2. IfContracfar performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in'paragraph 3'.1. 3. If there is no Owner Default, Surety's obligation under thss Band shalt arise after: 3.1 Owner has notified Contractor and Surety, at the addresses described in. Paragraph 1t) below, that Owner is considering declaring a Contractor Default and has requested. and attempted to arrange a confcrencc with Contractor and Surety to be, held not later dr[nr l5 days after receipt of such notice to discuss methods of performing the Contract. If pwner, Contractor and Surety agree, Cantracttar shalt be allowed a reasonable thne to perform the Contract, but such an agreement shall net waive Owner's right, if any, sabsequcntty to declarea Contractor Default; and 3,2 Owner has declared a Contractor DcFault and .formally terminated Contractor's right to complete the Contract. Such Conuaetor Uefartlt shat! not be declared earlier than 20 days after Contractor and Surety havereccived notice as provided in Paragraph 3.I; and 3.3 Owner has agreed. to pay thee. Balance of she Contract Price to: 1. Surety in accordance wide the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4:3 to perform the Contract. 4, When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actinns; 4.1 Arrange for Contractor, with consent of Owner, to perform and comptete the Contract: or 4.2 Undertake to perfoittt and complete the. Contract itself, through its agents orthrough independent eontraetars; or ~t.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner far a contract far performance artd completion of the Cantraci, arrange for a contract to ba prepared for execution by Owner and Contractor selected with Owner's concurrence, to be sccurtxi with pcrforriiance and,payrnerit bonds executed by a qualified surety equivalent to the bonds issued on the Comsat, andpay to Owner the .amount of damages as described in Paragraph ti in excess of the Balance of the Contract Price incurred by Owner resulting. from Contracor Default;. or 4.4 Waive its right to perform and complete, arrange for aornpletian, or obtain a .new contractor and with reasonable pramptiicss under the circumstances: t. After investigation, determine the amount far which it may be- liable to Owner and,.. as soon as practicable after the amount is determined, tender payment therefore to Owner, or 2. Deny liability in whole or in part and notify t3wner citing reasons therefor, 5. If Surcry does net proceed as provided in Paragraph G with reasonable promptness, Surety shall be deemed. to be in default on dtis Send 1S days aRer receipt of an additional written notice from. Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to .enforce .any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses .the payment tendered ar Surety has denied Iiability, in whole or in part, without Rather notice Owner shall be entitled to enforce arty remedy available to Owner. 6. After Owner has terminated Carrtrnewr's right to comptete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then fete responsibilities of Surety to t)wrrer shall not be greater than those of Contractor under the Contrnct, and the responsibilities of Owner to Surety shelf not be greater than those ofOwner under the Contract: To a limit of the amount of this Bond, but subject to commitment by Owner of the Balanao of the Contract Price to mitigauan of costs and damages on the Contract, Sarety is obligated without duplication for. 5.l 't`he responsibilities of Contractor for correction ofdefactive Work and completion of the Contract; 6,2 Addiuonat legal', design :professional, and delay casts re"salting from Contractor's Defaults and resulting from the aatians or failure To act of Surety under Paragraph 4; acid 6.3 Liquidated damages, or if no liquidated damages are specified in fete Contract, actual damages caused by delayed performance. or non- pcrfvrmance ofContractor, 7. Surety shat! not'be liable to Owner or others for abligatians of Coontractor that. are unrelated to ilre Contract, and the Balance of the CAntsct Price shall not be reduced or set o#7f on accountof any such unrelated obfigatians. TJa right of action shall accrue oft flits Bond to any person or entity other than Owner or its heirs, executors, administrators, arsuccessora 8, Surety hereby waives notice of any change, including changes of rime, to Contract or to related subcontracts, purchase orders, and other obtigatians. 9, Any proceeding, Segal or equitable, under this .Bond may be instituted in any court of competent jurisdiction in tfie location in whidr .the Work or pan of the Work is located and shad be instituted within two years aRer Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses of fails to perfomt its obligations under this Bond, whichever occurs first if the provisions of this paragraph are void or prohibited by taw, the minimum :period oflimitatlon available to sureties as a defense in the jurisdiction of the suit .shall be applicable. I9, Notice to Sarety, Owner ar Contractor $ha11 be matted ar delivered to the address shown on the signature page: i 1, When This Bond has been ftunished to comply with a statutory requirement in :the 16cation where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement sha11'be deemed deleted herefrom and provis'sans conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as common law: bond. l2. Definitions; 72.f Balance afthe Contract Price: The total amount payable by Otmer to Contractor under the Contract aRer all proper adjustments have been made, including.. sltowance to Gvntractor of any amounts received or to be received by Owner in settlement of insurance or other Claims fbr damage's to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract, 12.2 Contract: The '.agreement between Owner and Contractor identified on the signature page, .including all Contract Documents. and cltanoes thereto. 12.3 Contractor Default: Failure of the Contractor, which. has neither been remedied nor waived, to perform ar otherwise to comply with the terms ofthe Coniraat: 12,4 Owner Default: PaiiureofOwner, which has neither been remedied nor waive;!, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms tTtrxeof. ~'C)R INla4RMATION C1NLY -Dame, Address, and Telephone Surety Agency or Broker SMA Insurance, 216 Park Ave. S.,Ste 101, St. Cloud,MN 56301 (320)251-3154 Owner's Representtrtive (engineer, ar other party)City of Columbia Heights Engineering Dept. -Kevin Hansen Uf1614-z ACKNOWLEDGMENT OF PRINCIPAL (Individual) STATEOF_ COUNTY OF- t ss.: On this day of , in the year _, before me personally camels} , to me known and known to me to be the person(s) who (is) (are} described in and who executed the foregoing instrument and acknowledges} to me that he executed the same. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Partnership) STATE OF_ COUNTY OF j ss.: On this day of , in the year ,before me personally come(s) a member of the co-partnership of to me known and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledges to me that he executed the same as and for the act and deed of the said co-partnership. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF MINNESOTA COUNTY OF MEEKER ~ ss.: On this 16TH day of APRIL , in the year 2009 ,before me personally comes} KEVIN COX to me known, who, being by me duly sworn, deposes and says that he resides in the City of that he is the PRESIDENT of the C & L EXCAVATING INC the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the er of the Board of Directors of said corpoiaUcin and that. ie signe@d his name thereto by like order. T~1~l~It'~LFl~~ri -. ~' Minn sofa h~n~ ~nmm5~mn ~~ni~!~^ ~'~ 3t, 2~f3 NOTARY PUBLIC ~, _ ~, ACKNOWLEDGMENT OF SURETY STATE OF MINNESOTA COUNTY OF STEARNS 1 ss.: On this 16TH day of APRIL in the year 2009 ,before me personally come(s) ANITA M. PICKER Attorneys}-in-Fact of OHIO FARMERS INSURANCE COMPANY with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) in COLD SPRING MN that he is (are) the Attorney(s)-in-Fact of OHIO FARMERS INSURANCE COMPANY ,the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as Attorney(s)-in-Fact of the said Campany by like-order. ,~ .;-~ ~_ - "`yI~ESC}TA NOTARY PUBLIC F.9~13-8/81 /~,Ei`w" i~. ~ ',~l,~d'd r __ THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR 70 07f13/OB, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 2264072 06 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERi~I FI ED COPY Ohio Farmers Insurance Co. Westfield Center, Oltia Knaw Alt Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the Taws of the State of Ohlo, and having its principal office in Westfield Center, Medina County, Ohio, ao by inese presents make, constitute and appoint DENNIS J. BORK, SALLY A. KLEIN, MARY E. KRAMER, MARK A. GRESSER, ANITA M. PICKER, LAURA B. FALCONER, STACEY F. QU1NN, JOINTLY OR SEVERALLY of ST CLOUD and State of MN its true and lawful Attorney(s)-in-Fact, wish full power and authority hereby conferred to its name, place and stead, to execute, acknowledge and deliver any and all fronds, recognlzances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - • - - - . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE ~, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted try the eoartl of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: °Be it Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(sj-in-Fact to r$present and act for and on behalf of [he Company sub}ect to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, racognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and ail notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." '8e 1t Further Resolved, that the signature of any such designated person and the seal of the Company Heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and b~nding upon the Company with respect fo any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000), fn Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to oe signed by their Senior Executive and their corporate seals to be hereto affixed this 23rd day of JULY A.O., 2008 . w.~~w Corporate Seals O\~4~N~'Vt`~,^t~ Affixed ~v~ IrR. '+~, ~ 'ti o ~~: State of Ohio County of Medina ss.: ,.,s,..,,,,.,,, • ~ ~P~1niJAi, /NLG~,: :~~. ~~: .*. ,. ,.Il I.r 11.... ,,,,n...nnN. ~'~~rsr~~~; ~8~8 : ~_ ~~ ''; ~~. +~ - •. ul Nl,p,~l,r•. WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: Richard L. Kinnaird, Jr., Senior Executive On this Z3rd day of JULY A.D„ 2008 ,before me personally came Richard L. Kinnalyd, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and Which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrumen*. are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial „NIIIMI, Seal s+' ~SAt, ~ Affixed ~p•`~1111 jisF'~ zf1: /i.•':r ` William J. Kahelin, A Hey at Law, Notary Public State of Ohio t ~ ~~O My Commission Doss Not Expire (Sec, 147.03 Ohio Revised Codej County of Medina ss.: ~, y ~t +., r~ o v °,,,~' I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do Hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by Bald Companies, which is still in full force and effect; and furthermore, the resautions of the Boards of Directors. set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have Hereunto set my nand and affi>;ed the seals of said Companies at Westfield Center, Ohio, this 16th day of April A-D•, 2009 ~4,UR.t+p v4 ~'•~ sae. •••~~`~`. +Mr +R M" a~~ ~ ,,,,,,,. . SEAL ~prn y: :~ ~- ..* . ,,,,,.NaMllrya ~.••~•' ;O2 ~L~'W'T~/f ~ g~r(,~,1848,; Frank A. Carrino, ecret Se~ary •'~41111~11~~1~~, BPOAC2 (combined) (06.02) PAYMEI~IT BQN~ Any singular reference to Gon#ractor, Surety, Owner or other parry shall be cons%dered plural where applicable. CONTRACTOR (Name. and' Address}; SURETY (Name and Address of Principal Fiace afBusiness j: C 8~ L Excavating, Inc. Ohio Farmers Insurance Company 7939 Ridgewood Rd., PO Box 99 One Park Circle St. Joseph, MN 56374 Westfield Center, OH 44251 t}WTe~ER (Name and Address): City of Columbia Heights 637 - 38th Avenue NE Columbia Heights, MN 55421 CC3NTRAGT Date: April 14, 2009 Amount: Four Hundred Eighty Thousand Five Hundred Ninety Four and 45/100------------($480,594.45) Description (l~'ame and L~ocatian}: 2009 Street Rehabilitation and Alley Reconstruction, Zone 4 Contract No. 0902 Columbia Heights, Minnesota BOi*lD Bond lUumber: 0065937 Late (T~iot earlier than Contract. Date): April 16, 2009 Amount: Four Hundred Eighty Thousand Five Hundred Ninety Four and 45/100-------------($480,594.45) Modifications to this Bond p'arm: None Surety and ContracWr, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment band to be duly executed on its behalf by its authorized officer, agent, or repTesenta#ive. CONTRACTOR AS FRINGIFAL. Company: C 8~ L Excavating, Inc. Signature: ~ __Y____{Seal} Name and Title:-Kevin ox, President {Space is provided below for signatures of additional parties„ if required.) SURETY Ohio Farmers Insurance Company (Seal j Surety/shame and. Co orate Seal: Signature and Title Anita M. Ficker, Attorney-In-Fait (Attach. Power of Attorney} Attest: Signature and ~'itl~~n Can~i'ng, Agent CONTRACTOR AS FRINCIFAL Company: Signature: N/A ~ {.Seal) Name and Title: SURETY (Seat) Surety's Name and Corporate Seal gy; NIA Signature and Tile (.A.t#ach Power of Attorney) Attest: N/A Signature and Title E.1"CDC 1`1a G-ttS j?p02 Edition} QriginaHy prepared throt~„h f!-e,iofatefForts of the St:rcty Association pt',4merica, engineers Joat CantractDorumtnts Commiffte, tlic Associated General Contractors orAmerica, andthe AmerieaR Institute ot'Archite+cts, the American Saiaeontractors Association, and-fhc Associated Speeinlty tontractors. oac~s-t I . Contractor and Surety, jointly and severally,. bind.. thcrrrse1ves, their heirs, executors, administrators, successors and assigns to Owner to pay for labor, materials and equipment famished by Claimants far use in the performance of the Canaaa#, which is incorporated herein by reference. 2; With respect to Owner, this obligation shall be WWII and void ifContractar: 2.1 Prgtnptly makes payment, dtrecfly or indirectly, .far alt sums due Claimants, and 2.2 Defends;. indemnifies and holds harmless (7wner from aN claims, demands., liens or suits alleging aonpayment by Contractor by aay persaa or emiry who famished labor, materials, or egaipmenhfor use in the performance of dte Conuacr, provided thmer has prtrmptly natit5ed Contractor and Surety (at the addresses described in Paragraph i2) of any claims, demands, liens or suits and undcrcd defense of such claims, demands, liens, or suits to ConC€actflr and Surety, and pmvidod there is na Owner Default, 3. With respect to Claimants, this obligation shall be null and void if Contracwr promptly makes payment, directly ar indirectly, for all sums due. 4. Surety sh'a11 have. no obligationto Claimants undcrthis Band until;. 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addtrsses described in Paragraph 12} and senra copy; ar natiae iherepf, to Owner, stating: that a claim. ~s being made under this Bond and, wide stibstantiat accuracy, the amount of the claim. ~t.2 Claimants who do not have a: direct contract with trantractor: 1. Nava famished written notice to Contractor and sent a copy, or notice thereof, to 0lvner, within 90 days after having last performed labor or last. famished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and dte name of'the party to whom the materials. or .equipment were fumed ar supplied, or for wham the lobar was dose ar perforued; arid 1~lave either received a rejection in whole or in part from Contractor, or not received within 3f1 days of furnishing the above notice any communication from Contractor by which Contractor .has indicated the claim will be paid directly or indirectly; and 3. Not having Been paid witlitn the shave 34 days, have sent a written notice to Surety and. septa tx>py, or notice thereotw to Owner, stating tltai a claim: is tseing made under this Bond and enclosing a copy of the previous written aottcc furnished-to Contractor: 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner-to Contractor or to Surety,: that is suffteient compliance. b. Whom Glaititant has satisfied the conditions of Paragraph 4,_the Surety shall promptly and at Surety's expense take the following actions: b.1 Send pia answer to that Claimant, with. a copy to Orme, within Ad days after receipt of the claim, staling the amounts that arc undisputed and tlae basis for chafleaging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligationshall not exceed dte amount of this-Woad, and. the amount of this Bond shall be Credited far any payments made in good faith by Surety. 8, Amounts or~d' by Owner to Contractor under the Contract shall be used for the petfom[ance of the Contract and to satisfy claims, if any, under any performance'bond, By'Contractor.famishing. and Owner accepting'tltisBond, they agree. that all fttnds earned by tronuactor in the performance of the Contract arc dedicated to satisfy obligations. of Contractor and Surety under this Bond, subject to O~vaer's priority to use the funds for the completion of the Work. 9, Surety shall not be liable to tht~ner, Claimants, or odters far obligations of Contractor that are tairelatcd to the Contract, 1'he Owner sha31 net be liable 'far payment of any costs. or expenses of any Claimant under this Bond, and shall have under this Band no obligations to make payments to, give notices on bahalt"of, or otherwise have obligations to Claimants undi;r this Bond: i0. Surety ltertby waives notis:e of any cltangc, including changes of time to the Contract ar to related Subcontracts, purchase orders and otlicrobligations. 11. fidv stele or action shall be commenced by a Claimant. under this Band other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (i) on which the CIaimant gave the notice rcquireo by Paragraph 4,1 or Paragraph A.2.3, or (2) on which the Last labor or service was performed by anyone or the last materials orequipmem wore furnished by arryone underthe. Constntotion Contract, whichever of (1) or (2) first occurs: if the provisions of this paragraph are void or prohibited by law, the minimum period of .limitation available to sun:ties as a defense In the jurisdiction of the suit shall ere applicable.. 13; Notice to Surety; Owner or Contractorshall be mailed or delivered to the addru~sses shown. on the signature page. Actual receipt-of notice. by Surety, Chrmeror Contractor, however aceomplislted; shalE be suffiaienf compliance as afthe date t~eceived at the address shown onthe signature page. 13. When this bond has been furnished io comply wifh a statutory requirement in the location where the Contract was to be performed, any provision in this Band oonfliciing with said statutory or legal rcc{uirement shalt be deemed deleted herefrom and provisions canfattning to such statutory requirement shall bedeemed-incorporated herein. The intent is that this Bond shall. be construed as a statutory bond and not as a common law band.. 1~i, Upon requests of any person or entity appearing to be a potential bcneftciary of this Bottd, Contraceor shah promptly Famish a copy of this Band or shall permit a copy to be made. 75. [TEP1Nl'fiONS: 1S.1 trtaimant: An utdividual' ar entity having a direct contract with Contractor, or with afirst-tier .subcontractor. of Contractor, to furnish labor, materials, or. equpment`far use in the pcrfarmancc of -the Contrast. 1'tie intent of this Bond shall be to include without limitation in thgterms "labor, materials or equipment" that pan of water, gas, power, tight, heat, oil, gasoline, telephone service, or .rental equipment used in the Contract, arohiteatural and engineerin; services required for performance of the Work of Contractor and .Contractor's Stibcontraetors, and all other items. for which. a mechanic's lien may be asserted in the jurisdiction where the labor, inatcrials 4r equipment were furnished, l S.2 Contract: The agreement between Owner and Contractor ]dentifiod on 'the signature page, including ail Contract Documcnps and changes thereto. 15,3 .Owner Default: Failure ofthvner; which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and etsmplete or comply with the other terms thereof: I~OR 1NFOKMATION ONLY -Name, Address, and Telephone Surety Agency or BrokerSMA Insurance, 216' Park Ave. S.,Ste 101, St. Cloud, MN 56301 (320)251-3154 Owner's Representative (engineer ox otherparty):City of Columbia Heights,Engineering Dept.-Kevin Hansen 637 - 38th Avenue NE, Columbia Hei hts, MN 55421 763)706-3700 6U475 Z ACKNOWLEDGMENT OF PRINCIPAL (Individual- STATE OF COUNTY OF ` ss.: On this day of personally come(s) to me known and known to me to be the person(s) who (is) and acknowledge(s- to me that he executed the same, in the year _, before me (are) described in and who executed the foregoing instrument NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Partnership) STATE OF~ COUNTY OF l ss.: On this day of , in the year ,before me personally come(s) ___ a member of the copartnership of to me known and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledges to me that he executed the same as and for the act and deed of the said co-partnership. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF MINNESOTA COUNTY OF MEEKER } ss.: On this 16TH day of APRIL , in the year 2UU9 ,before me personally come(s) KEVIN COX to me known, who, being by me duly sworn, deposes and says that he resides in the City of that he is the PRESIDENT of the C & L EXCAVATING INC the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it wa so affixed by the r er of the Board of Directors of said corporation, and that he si ned his thereto by like order. _,~~,. ElC1~'l'~ ~~_ y ~ :ksr~SStUiU1CP;j „rd iJ}OSotit l!~tj ~pcZnd F,ae~ord NO ARY A K OWLEDGMENT OF SURETY STATE OF MINNESOTA COUNTY OF STEARNS 1 ss.: On this 16TH day of APRIL in the year 2UU9 ,before me personalty come(s) ANITA M. PICKER Attorney(s--in-Fact of OHIO FARMERS INSURANCE COMPANY with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) in COLD SPRING MN that he is (are) the Attorney(s)-in-Fact of OHIO FARMERS INSURANCE COMPANY ,the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as Attorneyls)•in-Fact of the said Company byline order. h~ F.9713 - 8/81 _ ,Q NOTARY PUBLIC THIS POWER OF ATTORNEY 3UPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR 70 WIZ3/06, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney POWER NO. 2264072 06 Westfield Insurance Ca. Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know Al! Men 6y These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as "Companies," duly organized and existing under the laws of the State of Ohlo, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint DENNIS J. BORK, SALLY A. Kt.E1N, MARY E. KRAMER, MARK A, GRESSER, ANITA M. PICKER, LAURA B. FALCONER, STACEY F. QUINN, JOINTLY OR SEVERALLY of ST CLOUD and State of MNiis true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead; to execute, acknowledge and deliver any and all fronds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ .. _ - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE ~'i1ARRFi'fi:E, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and canPirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the ioilowing resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: °Be !t Resolved, that the President, any Senior Executive, any Secretary or any Fidelity 8~ Surety Operations Executive or other Executive shall be antl is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney{s)-in-Fact to represent and act for and on behalf of Che Company subject to the following provisions: The Attorney-in-Fact. may be g(ven full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary-" "ee It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect fo any bond or undertaking to which it is attached." (Each adopted at a meeting heltl on February 8, 2~0}, !rr Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 23rd day of JULY A.O., 20~ . Corporate ~ •~•""°""~a„ ~3gN.t , '"-ttc??~~L i ' WESTFIELD INSURANCE COMPANY Affixied ~~'~~~~~~~'~~ '~,~'~''~~ ..NS~I = +'+~ ~ WESTFIELD NATIONAL INSURANCE COMPANY ~++r`1~~f ~~~~~[ ~~ t°o : ~~~,.'• ~: 7_' ; '~,.~~~ ~ OHtO FARMERS INSURANCE COMPANY ~ ~ .F-. .m r'~• - a ~~`"'•,,., fir ",2'•. .`p ,' z~':"1848.x,', ~ State of Ohio ~ ..•.: ~~~,, a$ ~" ! ••-. County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 23rd day of JULY A.D„ 2008 ,before me personally came Richard L, Kinnalyd, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and Which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by Tike order. Notarial Nw,~..,e Seal s ¢t A L Affixed Z `\\~~'~/;% lnr W311iam J. Kahelin, A rney at Law, Notary Public State of Ohio ~ ~ ~' p My Comm+sslon Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: ~ ~' ~~~ ~,; q f f' O F p~,,~' I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFfELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by Bald Companies, which is still in full force and effect; and furthermore, fhe resolutions of the Beards of Directors, set out in the Pawer of Attorney are in full force and effect. !n Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 16th day of April A-D•, 2009 • ,,,,,«..r... ~~~ .rya. ~~~ ~+ ~ j px ~ie ~Lrk~.L~i i:~' ~.~ y'~^~ h n,.,.,. ,~,,,.,..~,r.,,,~ ~~ ; C11~t1E~p'; ~~ ; 19ais , 4.,, ~i~~ /~ ~ Frank A. Carrina', Secret 5~~~' BPOAC2 {combined) (06.02) ~~~~ CHANGE ORDER NO. 1 Project: 2009 Street Rehabilitation and Alle Reconstruction City Project: 0902 Owner: City of Columbia Heights Date of Issuance: June 29, 2009 637 38`'' Avenue N.E. Col~unbia Heights, MN 55421 Contractor: C and L Excavating, Inc. Engineer: City Engineer 7939 Ridgewood Road P.O. Box 99 Saint Joseph, ivII~ 56374 You are directed to make the following changes in the Contract Documents: Description: Construct water main across CSAH 4 (49`" Avenue) and restore CSAH 4 on a Saturday. Reclaim existing bituminous and class 5 base materials and regrade streets as needed prior to paving,. Pave non-wear bituminous course on reclaimed streets. Deduct bituminous patch special on reclaimed (mill and overlay) streets. Remove and construct manhole on 39`" Avenue as part of sanitary sewer repair. Construct a concrete maintenance strip under the fence along the alley. Purpose of Change Order: The contract has been modified to include the following: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 480,594.45 Previous Change Orders No. to No. Net Change from Previous Change Order: $ None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $ 480,594.45 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 66,714.64 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 547,309.09 N/A Appro~ Approved Cit ngin er (Contractor) <, ~' , c' l'~ ` ''' r~ :1`~,.,. Mayor Gary P ~e son City Manager alt Fehst Date of Council Action Attachment to Change Order No. 1 City Project No. 0902 Page 1 Owner: City of Columbia Heights Contractor: C and L Excavating, Inc. Project: 2009 Street Rehabilitation and Alley Reconstruction Description of Changes: The City requested the following work for additions, changes or modifications to the contract documents: • Item No. 1: Water main crossing Construct water main crossing and street restoration on CSAH 4 on Saturday as required by Anoka County. Remove and install 70 LF of water main. Restore street with 12"gravel base and 8" bituminous. Costs will be appropriated from water fund and state aid maintenance fund. • Item No. 2: Reclaim and grade streets Reclaim existing bituminous and class 5 base materials and regrade streets as needed prior to paving. Reclaim 6656 SY of street surface and remove excess material to grade streets with maximum 4% cross slope. Costs will be appropriated from infrastructure fund and assessments. • Item No. 3: Pave reclaimed streets Pave reclaimed streets with 2'/2" of non-wear bituminous base course. Costs will be appropriated from infrastructure fund and assessments. • Item No. 4: Deduct bituminous patch special No patching was required on the reclaimed (mill and overlay) streets as provided for in the proposal. Deduction will be appropriated to infrastructure fund and assessments. • Item No. 5: Replace manhole on 39`" Avenue between Central Avenue and Reservoir Boulevard Remove and construct manhole on 39`h Avemae. Existing manhole was brick construction in poor condition. Costs will be appropriated from sanitary sewer fund. • Item No. 6: Concrete maintenance strip Construct 2' wide concrete maintenance strip under the fence from the back of curb to the west to minimize maintenance for both commercial properties and residents. Costs will be appropriated from assessments. CHANGE ORDER 1 Item No. Item Description Unit uantit Unit Price 1 Water main crossing L.S. 1 $ 5,790.00 2 Reclaim and grade streets S.Y. 6656 $ 2.38 3 Pave reclaimed streets Ton 948 $ 53.82 4 Deduct bituminous patch special S.Y. (714) $ 22.00 5 Replace manhole L.S. l $ 5,395.00 6 Concrete maintenance strip L.F. 625 $ 7.00 TOTAL CHANGE ORDE R 1 Funding Source Amount Sanitary sewer $ 5,395.00 Water main $ 2,540.00 State aid maintenance $ 3,250.00 Infrastructure $ 7,680.00 Assessments $47,849.64 Tntal PYl(`P $ 5,790.00 $15,841.28 $51,02].36 ($15,708.00) $ 5,395.00 $ 4,375.00 $66,714.64 -~- ;~ ~~~~ This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By ~~ ~ ~ National Society of ~~ gmerican Society Professional Engineers of Civil Engineers n,~rarr_,~,v t,~,~~~~,~ ~,r r..~~~..rF,:~Ur: c.n.,n~.a~~F. ~' Froiessionai Engineers in r"rivaie rraciice - PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a p~~crctice divisio~a of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by L 6LkFi~~ v, f ty ~~ ~ttitrC rr~i ~,~AkTl1[~ i`i Y~H The Associated General Contractors of America Knowledge for Creating and Sustaining the Buill Environment Conshliction Specifications Institute oo~oo - ~ Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). oo~oo - z TABLE OF CONTENTS Pale ARTICLE 1 -DEFINITIONS AND TERMINOLOGY ............................................................ ................................................. 6 1.01 Defined Terms ......................................................................................................... .................................................6 1.02 Ter•nzinology ............................................................................................................ .................................................8 ARTICLE 2 -PRELIMINARY MATTERS .............................................................................. ................................................. 9 2.01 Delivery ofBonds and Evidence oflnsurarzce ........................................................ .................................................9 2.02 Copies of Docrrrnerzts .............................................................................................. ................................................. 9 2.03 Commencement of Contract Times; Notice to Prroceed .......................................... ................................................. 9 2.04 Star•tirzg the Wor•k .................................................................................................... .................................................9 2.05 Before Starting Constr-uction .................................................................................. ................................................. 9 2.06 Pr•econstructiorz Conference ................................................................................... ................................................. 9 2.07 Initial Acceptance of Schedules .............................................................................. ................................................. 9 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....................... ............................................... 10 3.01 Intent ....................................................................................................................... ...............................................10 3.02 Reference Standar•ds ............................................................................................... ............................................... 10 3.03 Reporting and Resolving Discr•epancies .................................................................. .............................................. 10 3.04 Amending and Supplementing Contract Doczonents ............................................... ..............................................11 3.05 Reuse ofDocurnents ................................................................................................. .............................................. 11 3.06 Electronic Data ........................................................................................................ .............................................. 11 ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS .................................................. .............................................. 11 4.01 Availability of Lands ................................................................................................ ..............................................11 4.02 Subsurface and Physical Conditions ............................................. - ,,::. - ........................................ 12 4.03 Differing Subsurface or Physical Conditiorzs .......................................................... .............................................. 12 4.04 Underground Facilities ........................................................................................... .............................................. 13 4.05 Reference Points ...................................................................................................... ..............................................13 4.06 Hazardous Envirorzrnental Condition at Site ........................................................... .............................................. 13 ARTICLE 5 -BONDS AND INSURANCE ............................................................................... ..............................................14 5.01 Per fornzance, Payment, arzd Other Bonds ............................................................... .............................................. 14 5.02 Licensed Szn°eties and hrsurers ................................................................................ .............................................. 15 5.03 Certificates of hzsurance .......................................................................................... .............................................. 15 5.04 Contractor's Liability Insurance ............................................................................. .............................................. 15 5.05 Owner's Liability Insur°arrce .................................................................................... .............................................. 16 5.06 Proper•tylnsurarzce .................................................................................................. ..............................................16 5.07 Waiver of Riglzts ...................................................................................................... .............................................. 17 5.08 Receipt and Application of Insurance Proceeds ...................................................... .............................................. 17 5.09 Acceptance of Bonds and Insurance; Option to Replace ......................................... .............................................. 17 5.10 Partial Utilization, Acknowledgment of Property bzsrrrer ....................................... .............................................. 18 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES ............................................................ .............................................. 18 6.01 Supervision and Superirztenderzce ............................................................................ .............................................. 18 6.02 Labor,, Warkirzg Hours ............................................................................................. .............................................18 6.03 Services, Materials, andEguipment ......................................................................... .............................................18 6.04 Pr-ogr-ess Sclzedule .................................................................................................... .............................................18 6.05 Substitutes arzrl "Or'-Eytrals " .................................................................................... ............................................. 19 6.06 Concerning Subcontractors, Suppliers, and Others ................................................. ............................................. 20 6.07 Patent Fees arzd Royalties ........................................................................................ ............................................. 21 6.08 Per•rzzits ...................................................................................................................... .............................................21 6.09 Laws and Regulations ............................................................................................... .............................................21 6.10 Taxes ......................................................................................................................... .............................................22 6.11 Use of Site arzd Otlzer• Areas ..................................................................................... ............................................. 22 6.12 Record Documerzts .................................................................................................... .............................................22 6.13 Safet}J and Pr•otectio» ................................................................................................ .............................................22 6.14 Safety Represerztative ................................................................................................ ............................................. 23 6.15 Hazard Cornrnunicatiorz Pr•ograrrrs ........................................................................... .............................................23 6.16 Ernergencies .............................................................................................................. .............................................23 00700 - 3 6.17 Shop Drawings and Santples ................................................................................ ................................................. 23 6.18 Contilluillg the Work ............................................................................................. ................................................. 24 6.19 Contractol-'s General Wan-mlty and Guarantee .................................................. ................................................. 24 6.20 Indel~lnificatiola ..................................................................................................... ................................................. 24 6.21 Delegation ofPl-ofessional Design Selvices ......................................................... .................................................25 ARTICLE 7 -OTHER WORK AT THE SITE ........................................................................ .................................................25 7.01 Related Wol•k at Site ............................................................................................. ................................................. 25 7.02 COOI'dl]latlon ......................................................................................................... .................................................26 7.03 Legal Relatiollsliips .............................................................................................. ................................................. 26 ARTICLE 8 -OWNER'S RESPONSIBILITIES ..................................................................... .................................................26 8.01 Communications to Contl°actor ............................................................................ ................................................. 26 8.02 Replacement of Engineer ...................................................................................... .................................................26 8.03 Ful-laish Data ......................................................................................................... .................................................26 8.04 Pay Wliell Due ...................................................................................................... ................................................. 26 8.05 Lallds and Easements; Reports and Tests ............................................................. .................................................26 8.06 bzsul°ance .............................................................................................................. ................................................. 26 8.07 Change Orders ..................................................................................................... ................................................. 26 8.08 Inspections, Tests, and Approvals ......................................................................... ................................................. 26 8.09 Limitations on Ownel-'s Responsibilities .............................................................. ................................................. 27 8.10 Undisclosed Hazardous Envil-onmental Condition ............................................... ................................................. 27 8.11 Evidence of Financial Arl-angemellts ................................................................... ................................................. 27 ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION ................................... ................................................. 27 9.01 Owner's Repl-esentative ......................................................................................... ................................................ 27 9.02 Visits to Site ........................................................................................................... ................................................ 27 9.03 Project Representative ........................................................................................... ................................................27 9.04 Authorized Variations in Work .............................................................................. ................................................27 9.05 Rejectilzg Defective Wol-k ...................................................................................... ................................................ 27 9.06 Shop Drawings, Change Orders and Payments .................................................... ................................................28 9.07 Determinations for Unit Price Work ..................................................................... ................................................ 28 9.08 Decisions on Requirements ofColzb-actDocuments mid Accez7tability of Wol-k ... .........................._........... _. 2R _._..........-- 9.09 Limitations on Engineer's Authority and Responsibilities .................................... ................................................ 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ........................................................... ................................................28 10.01 Authorized Changes in the Work ........................................................................... ................................................28 10.02 Unauthorized Changes in the Work ....................................................................... ................................................29 10.03 Execution of Change Orders ................................................................................. ................................................ 29 10.04 Notification to Szo-ety ............................................................................................. ................................................29 10.05 Clailns .................................................................................................................... ................................................29 ARTICLE 11 -COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ................. ................................................30 11.01 Cost of the Wolk .................................................................................................... ................................................ 30 11.02 Allowances ............................................................................................................. ................................................31 11.03 Unit Pl-ice Wol-k ..................................................................................................... ................................................ 31 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ..... ................................................32 12.01 Change of Contract Price ...................................................................................... ................................................ 32 12.02 Change of Contl-act Times ..................................................................................... ................................................33 12.03 Delays .................................................................................................................... ................................................ 33 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ......33 13.01 Notice of Defects ..................................................................................................... ...............................................33 13.02 Access to Wol°k ........................................................................................................ ...............................................33 13.03 Tests and Inspections .............................................................................................. ...............................................33 13.04 Uncover-ing Work .................................................................................................... ...............................................34 13.05 Otivnel- May Stop the Wol-k ...................................................................................... ............................................... 34 13.06 Correction or Removal of Defective Work .............................................................. ............................................... 34 13.07 Correction Period ................................................................................................... ...............................................34 13.08 Acceptance of Defective Wol-k ................................................................................ ...............................................35 13.09 Owner May Correct Defective Work ...................................................................... ............................................... 35 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION ............................... ............................................... 36 14.01 Schedule of Values .................................................................................................. ...............................................36 14.02 Pl-ogl-ess Paylllellts ................................................................................................. ............................................... 36 14.03 Contractor'sWarl•antyofTitle ............................................................................... ...............................................37 14.04 Substm~tial Colllpletion ........................................................................................... ...............................................37 14.05 Pal°tial Utilizatioll ................................................................................................... ...............................................38 14.06 Final lnspection ...................................................................................................... ...............................................38 oo~oo - a 14.07 Final Paynrent ......................................................................... ............................................................................... 38 14.08 Final Completion Delayed ...................................................... ............................................................................... 39 14.09 Waiver of Claims .................................................................... ............................................................................... 39 ARTICLE 1S -SUSPENSION OF WORK AND TERMINATION ......... ...............................................................................39 15.01 Owner Mav Suspend Work ..................................................... ............................................................................... 39 15.02 Owner May Terminate for Cause ........................................... ............................................................................... 39 15.03 Owner May Terminate For Convenience ............................... ...............................................................................40 15.04 Contractor May Stop Work or Terrninate ............................... ...............................................................................40 ARTICLE 16 -DISPUTE RESOLUTION .................................................. ..............................................................................41 16.01 Methods and Procedaa-es ......................................................... .............................................................................. 41 ARTICLE 17 -MISCELLANEOUS ........................................................... ..............................................................................41 17.01 Giving Notice ........................................................................... .............................................................................. 41 17.02 Computation of Times .............................................................. .............................................................................. 41 17.03 Cumulative Remedies ............................................................... ..............................................................................41 17.04 Sarr-vival of Obligatiorrs ............................................................ ..............................................................................41 17.OS Controlling Law ....................................................................... ..............................................................................41 17.06 Headirrgs .................................................................................. ..............................................................................41 oo~oo - s GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 Defzned Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addezzda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contact Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by Owner or Contractor seeking an adjusmlent of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Cozzh-act Doctirnzents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Cozztz•act Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii} achieve Substantial Completion; and (iii} com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work--See Paragraph 11.O1.A for definition. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be perfoi~ned by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. 20. Field Ordez•--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 00700 - 6 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28, Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to nm and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner---The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 31. Petroleum--Petroleum, including enide oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required suhmittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of--way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 44. Srabcontractor--Au individual or entity having a direct contract with Contractor or with any other oo~oo - ~ Subcontractor for the perfornlance of a part of the Work at the Site. 45. Substantial Completio~T--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Undergroamd Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contact Documents. 52. Work Change Directive--A written statement to Contactor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contact Price or the Contact Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contact Price or Contact Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Tennis or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terntis of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the perfomlance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next nidnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contact Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contact Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide oo~oo - s 1. The word "furnish," when used in comlection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contact Docu- ments, words or phrases which have a well-known technical or construction industy or Lade meaning are used in the Contact Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence oflnsur-ance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contactor shall also deliver to Owner such bonds as Contactor may be required to fizrnish. B. Evidence of bsurance: Before any Work at the Site is started, Contactor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contactor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies ofDocunzents A. Owner shall fiimish to Contactor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times,- Notice to Proceed A. The Contact Times will commence to nm on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to nm later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting tl:e Work A. Contactor shall start to perform the Work on the date when the Contact Times commence to nm. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contactor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contact Documents; 2. a prelinnary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which. includes quantities and prices of items which when added together equal the Contact Price and subdi- vides the Work into component Harts in snffic;ent rleta;l t~ serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Precorzstrzretion Conference A. Before any Work at the Site is started, a conference attended by Owner, Contactor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.OS.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance ofSchedzdes A. At least 10 days before subnussion of the first Application for Payment a conference attended by Contactor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.OS.A. Contactor shall have an additional 10 days to make co1•rections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contactor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contact Times. Such acceptance 00700 - 9 will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Subnuttals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standarrlr A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, airy duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Repo°ting mid Resolving Discrepancies A. Reporting Discrepancies L Conn°acto~°'s Review of Contract Docnments Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain. a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents Daring Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Conhactor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). oo~oo - ~ o 3.04 Ame»dz~7g arul Suppleme~att~ng Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.OS Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.OS will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data fiirnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are linuted to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transfen-ed. Any errors detected within the 60- day acceptance period will be con-ected by the transferring party.. C. When transfen-ing documents in electronic media format, the transfen-ing party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall famish the Site. Owner shalt notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements fir permanent gtr„rn,rec nr r~PrmanPnt t.. ~_...»....... changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site ar a part thereof, Contractor may make a Claim therefor as provided in Paragraph Io.OS. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or constntction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary constniction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Dratia~zngs: The Supplementary Conditions identify: 1. fliose reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and oo~oo - t t 2. those drawings of physical conditions in or relating to existing surface or subsurface strictures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Linziterl Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" ar any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or perfornling any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner u1 writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. oo~oo - ~ z 4.04 Underground Facilities A. Shown or hndicaterl.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on infornation and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents. c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A}, identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Dacuments to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for constriction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4A6 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relative to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contr-actor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not. Contract Documents. Such "technical data" is identified. in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and. information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in 00'100 - 13 Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contactor, Subcontractors, Suppliers, or anyone else for whom Contactor is responsible. D. If Contactor encounters a Hazardous Environmental Condition or if Contactor or anyone for whom Contactor is responsible creates a Hazardous Environmental Condition, Contactor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contactor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contactor written notice: (i} specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contactor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contact Price or Contact Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contactor, either party may make a Claim therefor as provided in Paragraph 1 O.OS. F. If after receipt of such written notice Contactor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contact Price or Contact Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 1 O.OS. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contactor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontactors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitation or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawusgs or Specifications or identified in the Contact Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemmnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contactor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontactors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitation or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contactor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contactor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE S -BONDS AND INSURANCE S.O1 Pe~~onnance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at Least equal to the Contact Price as security for the faithful performance and payment of all of Contactor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contact Documents. Contactor shall also furnish such other bonds as are required by the Contact Documents. B. All bonds shall be in the form prescribed by the Contact Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular S70 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond fiirnished by Contractor is declared banknipt or becomes insolvent or its light to do business is tern>inated in any state where 00700 - 14 any part of the Project is located or it ceases to meet the requirements of Paragraph S.O1.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs S.O1.B and 5.02. 5.02 Licensed Suretr~es a~ad b~surers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Coratl•actor's Liabilith Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person. other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; S. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than fhe limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; S. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and oo~oo - r s 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: i. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance far physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recomrrlended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and. Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the rerti fi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal. refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. if Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 00700 - 16 5.07 YVaiver of Rr.'ghts A. Olvner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them} under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and. Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss refen-ed to in Paragraph 5.07.8 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Applr~cation of hzszn-a~zce P~•oceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If na such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Inszo-ance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.OI.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Pm~tial Utilization, Acknowledgment of Property Insurez- A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial oo~oo - ~ ~ Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall conmlence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on accormt of any such partial use or occupancy. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor,- Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Sahirday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Sezvices, Materials, and Equipment A. Unless otherwise specified in the Conhact Documents, Contractor shall provide and assume frill responsibility for all services, materials, equipment, labor, h•ansportatiou, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is fimctionally equal to that named and sufficiently similar so that no change in related Work will oo~oo - ~ s be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered fimctionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cast to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it will be considered a proposed substihrte item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.OS.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be sinvlar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified ,and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Const~zrction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of constnlction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of constmction approved by Engineer. Contractor shall subnut sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.OS.A.2. 00700 - 19 C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or subnuttal made pursuant to Paragraphs 6.OS.A and 6.OS.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimburseme~at: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.B Whether or not Engineer approves a substihite item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting fram the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concen~ii~~ag Szbcontractors, Sz.tppliers, anti Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Conhactor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified maybe revoked on the basis of reason- able objection after due investigation. Contractor shall subnut an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute awaiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or ather individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be perforned by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, parhiers, employees, agents, oo~oo - zo consultants and subcontractors of each and arty of them) for all losses and damages caused by, arising out of relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contactor will obtain the same. 6.07 Pate~~tFees and Royalties A. Contactor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design., process, product, or device is specified in the Contact Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contact Documents. B. To the fullest extent permitted by Laws and Regulations, Contactor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontactors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitation or other dispute resolution costs} arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contact Documents. 6.08 Permzts A. Unless otherwise provided in the Supple- mentary Conditions, Contactor shall obtain and pay for all construction permits and licenses. Owner shall assist Contactor, when necessary, in obtaining such permits and licenses. Contactor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitation or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contactor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contact Price or Contact Times. If Owner and Contactor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contactor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contactor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contactor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contactor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contactor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitation or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contactor shall indemnify and hold. harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontactor•s of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, oo~oo - ? t attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Peiformarzce of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shah maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered. to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3- other property at the Site or adjacent thereto, includvrg trees, sln-ubs, lawns, walks, pavements, roadways, stnrchires, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6. I5 Hazard Comnaamication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give oo~oo - zz Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer deternunes that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. b. the suitability of all materials with respect to intended use, fabrication, shipping, hand1i11g, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Conhactor shall also submit Samples to Engineer far review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a snecific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation fi-orn the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written 00700 - 23 approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.0 1. E. Resubnaittal Procedzzres 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with fhe Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. nornzal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indenniif cation A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself}, including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by anv of them to perform any of the Work or anyone for whose acts any of them maybe liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, parhiers, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 00700 - 24 2. giving directions or instuctions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Desig~z Sewices A. Contractor will not be requn-ed to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or tmless such services are requu-ed to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 -OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by urility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contactor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such. other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 00700 - 25 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.O1.A and 7.02 are not applicable for utilities not under the conhol of Owner. B. Each other direct contract of Owner under Paragraph 7.O1.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.01 Cornmunications to Coratr-actor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacernent of E~agineer A. In case of ternunation of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Frcnzish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 brspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to fiunish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Conhactor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface st•uctltres at or contiguous to the 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during constniction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 00700 - 26 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorised Variations i~a Work A. Engineer inay authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contactor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's prelinunary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Cont~~act Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Ov~nier and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the perforn~ance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question oo~oo - ?~ B. Engineer will, with reasonable promphress, render a written decision on file issue refereed. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.O5.B. C. Engineer's written decision on the issue refereed will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on E~zgineer's Aarthority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity perfornung any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The Iirnitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 -CHANGES IN THE WORK; CLAIMS 10.01 Autlzori.ed Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's coreection of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of arty written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but 00700 - 28 during any such appeal, Contactor shall can~y on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Clc~i~ns A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim}. A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.O1.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of firrther resolution of the Claizi~, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.O5.C or denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph I1.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any_ Work covered by a Chance Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such casts shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.O1.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment fiirnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field 00700 - 29 services required in connection therewith. All cash discounts shall accnie to Contactor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall acere to Owner. All trade discounts, rebates and refiumds and rettlrns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they maybe obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental casts including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties commected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which renmain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other sinmilar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contactor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty pa}nnents and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Exchcded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other persozmel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contactor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be 00700 - 30 liable, including but not lin>ited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.O1.A and 11.O1.B. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowa~rces 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation ,overhead, profit, and other expenses contemplated for the cash allowances have been included iri the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Conti-actor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect achial amounts due Contractor on account of Work covered by allowances, and the Conri•act Price shall be correspondingly adjusted. 11.03 Unit Pf•ice Yi'ork A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Conhact Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and sienifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Pr~~ce A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be deternned as follows: 00700 - 37 1. where the Work involved is covered by uiut prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.O1.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.O1.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.OI.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cast of the Work: a. for costs incurred under Paragraphs 11.O1.A.1 and 11.O1.A.2, the Contractor's fee shall be 1S percent; b. for costs incurred under Paragraph 11.O1.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.OI.C2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.4, 11.O1.A.5, and 11.O1.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.O1.C.2.a through 12.O1.C.2.e, inclusive. 12.02 Change of Corrtl-act Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contact Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not linuted to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by oo~oo - 3z Contractor on or in comrection with any other project or anticipated project. E. Contractor shall not be entitled to an adjushiient in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all. defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with. jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume frill responsibility for an-anging and obtaining such inspections, tests, or approvals, pay all costs in comsection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer; be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, fiunishing alt necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not linuted to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconshliction. If the parties are unable to agree as to the 00700 - 33 amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner Ma~~ Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been elinunated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, tosses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When con-ecting defective Work under the terms of this Paragraph. 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily cor7ect or repair or remove and replace airy damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer} prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not linuted to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence.. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs 00700 - 34 after such recommmendation, an appropriate amount will be paid by Contractor to Owner. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Conhactor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. 14.01 Schedule of Valves A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a foam of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to ali fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or rehirn the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend. payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on 00700 - 35 Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recorrunending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work far the purposes of recommending payments nor Engineer's reconnnendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of constniction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Conhactor has used the moneys paid on account of the Contract Price, or e. to deternune that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refilse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to reconnnend any such payment or, because of subse- quently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion. to protect Owner fi•orn loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set-off against the amount reconnnended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.S.a through 14.02.B.S.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the frill amount recommended by Engineer, Owner will give Contractor innnediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay 00700 - 36 Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently detem>ined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Wm-~°anty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in vvz~ting giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written reconmlen- dation as to division of responsibilities pending final payment between Owner and Contactor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Pa~•tial Utilization A. Prior to Substantial Completion of all the Work, Owner inay use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Finallnspech~on A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, 00700 - 37 Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the fmal inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered} by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engi~aeer's Review of Application and Accepta»ce 1. If, on the basis of Engineer's observation of the Work during conshuction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in v~n-iting Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and ,will be paid by Owner to Contractor. 14.08 Fi~zal Completio~~ Delayed A. If, through no fault of Contractor, final completion of the Work is significantly_ delayed, and if Engineer so confu-ms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due far that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph S.OI, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Wail%er of Claz»as A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations lender the Contract Documents; and 00700 - 38 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04}; 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard. of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, conshliction equipment, and machinery at the Site, and use the same to the fiill extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem. expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any fiirther payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the ternnation will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from Iiability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph S.O1.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02. C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in comrection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 00700 - 39 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and ail court or arbitration or other dispute resolution costs) incurzed in settlement of ternvnated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other econonric loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terrnir2ate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terrrtinate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Cwner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Conhact Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as perrrtitted by this Paragraph. ARTICLE 16 -DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before stich decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.O5.E. B. Owner and Conhactor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of ternunation of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.O5.C or a denial pursuant to Paragraphs 10.O5.C.3 or I O.OS.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 -MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Cornprrtation of Tirnes A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Rernerlies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be constlied in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of 00700 - 4U this Paragraph will be as effective as if repeated specifically in the Contract Documents in compection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Sinvival of Obligations A. All representations, indemnifications, wan•an- ties, and guarantees made in, required by, or given in accordance with the Contact Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or teinzinatiou of the services of Contractor. 17.05 Co~zn•olling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. oo~oo - ~t1 ~ ~ TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS TITLE ARTICLE NO. Introduction ................................................................................................................ S.C. O. Definitions ........................................................................................................ ...... S.C. 1.01 Preliminary Schedules ...................................................................................... ... S.C. 2.OSA Intent of Document ........................................................................................... ...... S.C. 3.01 Availability of Lands ........................................................................................ ...... S.C. 4.01 Contractor's Liability Insurance ........................................................................ ...... S.C. 5.04 Contractual Endorsement ................................................................................. ... S.C. 5.04B Supervision and Superintendence ..................................................................... ...... S.C. 6.01 Permits .............................................................................................................. ...... S.C. 6.08 Shop Drawings and Saznples ............................................................................ ...... S.C. 6.08 Safety l~epresentative ....................................................................................... ...... S.C. 6.14 Changes in the Work: Claims ........................................................................... ...... S.C. 6.17 Unit Price Work ................................................................................................ . S.C. 11.030 Change of Contract Price .................................................................................. . S.C. 12.OIA Change of Contract Tiines ................................................................................ S.C. 12.02.A Test and Inspections ......................................................................................... .... S.C. 13.03 Correction or Removal of Defective Work ...................................................... .... S.C. 13.06 Correction Period .............................................................................................. S.C. 13.07.A Progress Payments ............................................................................................ .... S.C. 14.02 Final Application for Payment .......................:.................................................. .... S.C. 14.07 Non-Discrimination Toward Handicapped Persons ......................................... .... S.C. 17.07 00700-42 SUPPLEMENTARY CONDITIONS ARTICLE S.C. O INTRODUCTION These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended, or supplemented, remain in full force and effect. ARTICLE S.C. 1.01 DEFINITIONS The terms used in these Supplementary Conditions, which are defined in the Standard General Conditions of the Construction Contract (2002 Edition) have the meanings assigned to them in the General Conditions. 1. The use of the word '"OWNER'° refers to the City of Columbia Heights. 2. The use of the word "ENGINEER" refers to the City Engineer (or his designated representative) of the City of Columbia Heights. 3. The use of the word "CONTRACTOR" refers to the firm or company contracted to do the work described in these specifications. 4. The use of the word "DEPARTMENT" shall be interpreted to mean the City of Columbia Heights `Engineering' or Public Works Department. ARTICLE S.C. 2.OSA PRELIMINARY SCHEDULES Paragraph 2.OSA of the General Conditions shall be deleted and the following inserted in its place. "2.OSA Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), before starting any work at the site, Contractor shall submit to Engineer for its timely review:" ARTICLES 2.OSA.1; 2.OSA.2; AND 2.OSA.3 REMAIN AS SHOWN. 00700-43 ARTICLE S.C. 3.01 INTENT OF DOCUMENTS The work shall be performed in accordance with the Minnesota Department of Transportation "Standard Specifications for Construction", 2005 edition and any supplements or amendments thereto issued prior to the date of these Contract Documents, except as modified or supplemented by the "Standard Utility Specifications for Water Main and Service Line Installation and Sanitary Sewer and Storm Drain Installation" as published by the League of Minnesota Cities, St. Paul, Minnesota, in 1999 and as modified or supplemented in these General Conditions, Supplementary Conditions or other Contract Documents. Coordination of plans and specifications shall be in accordance with the provisions of Mn/DOT Specification 1504, as modified by the following definitions: 3.02.1 Standard Specifications: Refer in precedent order to the "Standard Utility Specification" revised 1999, of the League of Minnesota Cities, the Mn/DOT Standard Specifications, 2005 edition, and the other specifications of ASTM, ANSI, AWWA, etc., as referenced and as published on the date of the bid advertisement. 3.02.2 Supplemental Specifications: Refer in precedent order to the Supplementary General Conditions and the General Conditions as contained in these Contract Documents. Worl{ Under these Cnntract 17oc~in,entc chap be or,t,PrnPd by all o „1; l,to ~'orl~„-.,t a+,. b~ ~ ~ upN.~Ca~~.. ~ ~.u~.iai, ~~atc and Local laws, regulations, codes and ordinance and the Contract Documents. In the event of a conflict of meaning between any of the terms of the Contract Documents, the provisions of the document listed first below shall prevail over those of a document listed later: Contract Agreement Supplementary Conditions Project Plans Proposal and Proposal Form Addenda Technical Specifications General Conditions Special provisions and detail plans are intended to modify and prevail over standard plans and specifications. Should the Contract Documents conflict with any of the laws, regulations, codes, and ordinances mentioned in preceding paragraphs of these Supplementary Conditions, the laws and regulations shall take precedence. This shall not, however, be construed to relieve the Contractor from complying with the requirements of the Contract Documents which are in excess of, but not contrary to, the laws and regulations. 00700-44 ARTICLE S.C. 4.01 AVAILABILITY OF LANDS The fourth sentence of Paragraph 4.01 of the General Conditions shall be deleted and the following inserted in its place: "If Contractor believes that there has been delay in Owner's furnishing these permits, lands, rights-of--way or easements, Contractor's sole remedy shall be an extension of contract time, for which the Contractor may make a claim therefore as provided in Article 10.05" ARTICLE S.C. 5.04. CONTRACTOR'S LIABILITY INSURANCE The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts, or greater, when required by laws and regulations. 5.04.A.1 and 5.04.A.2 Worker's Compensation, etc., under Paragraphs 5.04.A.1 and 5.04.A? of the General Conditions: STATE: STATUTORY APPLICABLE FEDERAL (E.G., LONGSHOREMAN'S) STATUTORY EMPLOYER'S LIABILITY $1,000,000 5.04.A.3; 5.04.A.4; and 5.04.A.5; Comprehensive General Liability (under Paragraphs 5.04.A.3 through 5.04.A.5 of the General Conditions}: 1. Bodily Injury (including completed operations and products liability): $1,000,000 Each Occurrence $1,000,000 Annual Aggregate 2. Property Damage: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate or a combined single limit of: $2,000,000 3. Property Damage Liability Insurance will provide Explosion, Collapse and Underground Coverage's where applicable. Personal Injury, with employment exclusion deleted: $1,000,000 Annual Aggregate 5.04.A.6 Comprehensive Automobile Liability: Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence 00700-45 Property Damage: $1,000,000 Each Occurrence or combined single limit of: $1,000,000 ARTICLE S.C. 5.04.B CONTRACTUAL ENDORSEMENT The Contractual Liability required by Paragraph 5.04.B of the General Conditions shall provide coverage for not less than the following amounts: 5.04.B.4.1 Bodily Injury: $1,000,000 Each Occurrence 5.04.B.2 Property Damage: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate ARTICLE S.C. 6.01 SUPERVISION AND SUPERINTENDENCE The Contractor shall provide adequate supervision (superintendent) of the work as the job progresses. The superintendent shall report daily to the Engineer on the progress of the work and the number of men on the job. The superintendent shall maintain complete records of the work as it progresses and shall submit these records with each request for payment. The Contractor shall provide an adequate staff for properly coordinating and expediting the work, including office staff to handle by telephone any questions which may arise in the conductance of the work. ARTICLE S.C. 6.08 PERMITS The City of Columbia Heights will obtain permits that are necessary for this work from the following outside agencies: -- * Minnesota Department of Health -- * Metropolitan Council Environmental Services -- * Army Corp of Engineers. 00700-46 The Contractor is responsible to obtain permits that are necessary for this work from the following outside agencies: -- * Minnesota Department of Transportation -- * Anoka County Highway Department -- * Minnesota Pollution Control Agency (including General Storm-water Permit for Construction Activity) -- * Rice Creek Watershed District -- * Department of Natural Resources. All work under this contract shall take place on City-awned property, City-owned right-of--way, County-owned right-of--way, Mn/DOT-owned right-of--way, or easements to be obtained by the City under this contract. No work shall commence until the necessary permits are obtained. Before work is started, the Contractor shall obtain necessary locations of all underground utilities by contacting GOPHER STATE ONE CALL at 651-454-0002. ARTICLE S.C. 6.14 SAFETY REPRESENTATIVE Amend Paragraph 6.14.A of the General Conditions by inserting the following after the first sentence: "In addition, Contractor shall provide a "competent person" as de_,_fi_ned by O.S.I-I,A, on site when trench work is being performed." And as so amended Paragraph 6.14.A remains in effect. ARTICLE S.C. 6.17 SHOP DRAWINGS AND SAMPLES Amend Paragraph 6.17.A. l .b of the General Conditions by inserting the following after the first sentence: "Each shop drawing for a manhole or a catch basin shall reference the plan page number and the structure number." And as so amended Paragraph 6.17.A.1.b remains in effect. ARTICLE S.C. 10. CHANGES IN THE WORK; CLAIMS Amend the third sentence of Paragraph 10.O5.A of the General Conditions to read as follows: "Written notice of each such claim, dispute or other matter, will be delivered by the Claimant to Engineer and the other part to the Agreement promptly (but, in no event later than ten days) after the occurrence of the event giving rise thereto." And as so amended Paragraph 1 O.OS.A remains in effect. 00700-47 Except as specifically authorized in writing by the Engineer at the time additional work is done beyond the original scope of the Contract Documents, the Contractor shall have and make no claims for additional compensation. The Contractor's plea of ignorance of foreseeable conditions which will create difficulties or hindrances in the execution of the work will not be acceptable to the Owner as an excuse for any failure of the Contractor to fulfill the requirements of the Contract Documents, and shall not be a basis for the Contractor's claim for additional compensation. Any discrepancies in or conflicts between the items described in these Contract Documents must be submitted, in writing, to the Engineer for adjustment prior to proceeding with the work, as any claims for additional compensation to achieve compliance with the requirements of those items will not be allowed or considered. ARTICLE S.C. 11.03.C. UNIT PRICE WORK ARTICLE G.C. 11.03.C shall be amended by deleting this section in its entirety and substituting instead the following language: "There will be no adjustment in unit price for increased or decreased quantities under this Contract." ARTICLE S.C. 12.O1.A CHANGE OF CONTRACT PRICE Amend the second sentence of Paragraph 12.O1.A of the General Conditions to read as follows: "Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to the Engineer promptly (but, in no event later than ten days) after the occurrence of the event giving rise to the claim and stating the general notice of the claim." And as so amended Paragraph 12.01.A remains in effect. ARTICLE S.C. 12.02.A CHANGE OF CONTRACT TIME Amend the second sentence of Paragraph 12.02A of the General Conditions to read as follows: "Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to Engineer promptly (but, in no event later than ten days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim." And as so amended Paragraph 12.02 remains in effect. 00700-48 ARTICLE S.C. 13.03 TEST AND INSPECTIONS ARTICLE G.C. 13.03.B shall be amended by deleting this section in its entirety and substituting instead the following language: "The testing of materials called for in the Contract Documents shall be conducted by an independent testing laboratory approved by the Engineer, except as otherwise specified. All project site sampling and testing required by the Engineer shall be ordered and paid for by the Owner. The Contractor shall provide whatever services are needed to sample materials and perform tests at all specified locations at no cost. All tests on material to be placed shall be completed prior to the placing of any material. All retests due to failure of original tests shall be paid for by the Contractor until satisfactorily passing in accordance with the minimum requirements identified or referenced in the contract documents. Signed copies of all reports on tests shall be sent at once to the Engineer and the Contractor. These copies shall be received by the Engineer prior to the placing of any of the tested items. Tests shall be made in accordance with the American Society for Testing and Materials (ASTM) Standard and Tentative specifications that apply, except as otherwise specified. Rejected materials shall immediately be removed from the site and shall not be used in the work. Inspection and testing shall in no way relieve the Contractor or supplier from the responsibility of furnishing materials and workmanship in accordance with the plans and specifications. Density tests will be by "Specified Density" method. ARTICLE S.C. 13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK Amend Paragraph 13.06.A of the General Conditions by inserting the following after the first sentence: "Correction work for bituminous surfacing shall conform to the requirements and standard plates in the City's right-of--way ordinance." And as so amended Paragraph 13.06.A remains in effect. ARTICLE S.C. 13.07.A CORRECTION PERIOD Amend the first sentence of Paragraph 13.07.A of the General Conditions to read as follows: "If within two years after the date of substantial completion in utility trench areas and one year after the date of substantial completion for the remainder of the construction, or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for 00700-49 CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii} correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom." And as so amended Paragraph 13.07.A remains in effect. ARTICLE S.C. 14.02. PROGRESS PAYMENTS The Contractor must pay any subcontractor for undisputed services provided by the subcontractor within ten (10) days of the Contractor's receipt of payment from the owner. The Contractor must pay interest of 1 `/2 percent per month or any part of a month to the subcontractor or any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. ARTICLE S.C. 14.07. FINAL PAYMENT Before final payment is made for the work on this project, the Contractor must make a satisfactory showing that he has complied with the provisions of M.S.A. 290.92 requiring the withholding of State income taxes for wages paid to employees on this project. Receipt by the Owner of the Certificates of Compliance from the Commissioner of Taxation (IC-134) will satisfy this requirement. The Contractor is advised that before such certificate can be issued, he must first place on file with the Commissioner of Taxation an affidavit that he has complied with the provisions of M.S.A 290.92. The required affidavit form will be supplied by the Commissioner of Taxation, Centennial Office Building, St. Paul, Minnesota, on request. ARTICLE S.C. 17. MISCELLANEOUS ADD: ARTICLE S.C. 17.07 NON -DISCRIMINATION TOWARD HANDICAPPED PERSONS Before final payment is made for work on this project, the Contractor shall submit a letter to the Owner stating that the Contractor's firm maintains a policy of non-discrimination towards persons with handicapped conditions. 00700-50 i~ ADDENDUM NO. 1 Plans and Specifications For: 2009 Street Rehabilitation and Alley Reconstruction City Project No. 0902 S.A.P. 113-050-09 Dated: Apri12, 2009 1. BID FORM Pages 5 and 6 of Addendum No. 1 shall be submitted as part of the bid. 2. DIVISION I -GENERAL REQUIREMENTS 3. DESCRIPTION OF PROJECT Alternate 5 -Infiltration Basin Construction -City Project No. 0902 The Contractor shall construct infiltration basins as shown on the plans, as detailed herein and in accordance with the project manual. . ~..,......~,. ~ c •+.,..., c P r;h, Pro Pet No. 0902 t116G1 llQIG V - 1~7an1LR1 J' veJYer .epair - ......~ ~'~ The Contractor shall construct sanitary sewer repair as shown on the plans, as detailed herein and in accordance with the project manual. 30. SPECIAL PROVISIONS 17. TESTING ADD: Material testing frequency shall be either in accordance with the Schedule of Materials Control or as specified herein, whichever frequency of testing is greater. F. Mn/DOT will be performing ~A Bituminous and Concrete Plant Monitoring for this project. The Contractor shall provide job mix formulas and materials to Mn/DOT as required. 3. DIVISION III -WATER MAIN AND SERVICE LINE INSTALLATION 2611.6 SPECIAL PROVISIONS 2611.2 MATERIALS Al. DUCTILE IRON PIPE AND FITTINGS Addendum No. 1 Page 2 All ductile iron pipe shall be manufactured in the United States. The material supplier and/or contractor shall furnish data certified by the manufacturer that all pipe is of domestic manufacture. The list of approved pipe manufacturers are as follows: I . American Cast Iron Pipe Company 2. Clow Water Systems 3. Griffin Pipe Products 4. United States Pipe and Foundry Company Approval does not relieve compliance with the technical and quality standards, requirements and certifications outlined herein. The material supplier and/or contractor shall furnish data certified by the manufacturer that all fittings, accessories, linings and coatings are in accordance with the applicable standards. All testing for compliance shall be conducted in accordance with United States laws and regulations. No fittings or accessories will be accepted for use until all certificates have been submitted to and approved by the Engineer and/or Owner. The list of approved fitting manufacturers are as follows: 1. American Cast Iron Pipe Company 2. Griffin Pipe Products 3. Intercast 4. Sigma Corporation 5. Union/Tyler Foundry 6. United States Pipe and Foundry Company Approval does not relieve compliance with the technical and quality standards, requirements, and certifications outlined herein. 2611.3 CONSTRUCTION REQUIREMENTS C WATER SERVICE INSTALLATIONS The proposed 4" water service with 4" gate valve at 4910 Central Avenue shall be revised to a 1'/2" copper service and stop box with curb box guard. 4. DIVISION IV -SANITARY SEWER AND STORM SEWER INSTALLATION 2621.6 SPECIAL PROVISIONS 2621.2 MATERIALS A10. INFILTRATION BASIN UNDER DRAIN Pipe shall be 6" diameter corrugated polyethylene slotted tubing, conforming to ASTM designation Addendum No. 1 Page 3 F-405, with a geotextile sock recommended by the tubing manufacturer. Under drains shall be installed as shown on the plans and as directed in the field by the Engineer. The under drain shall be surrounded by a rock filter as shown on the detail. Anon-woven geotextile (Mn/DOT Type I) shall be installed to separate the rock from the surrounding soil. The geotextile shall overlap at least 24". 2621.4 METHOD OF MEASUREMENT A10. INFILTRATION BASIN UNDER DRAIN Payment shall be by the lineal foot of pipe installed. The rock filter and geotextile shall be considered incidental to the installation of the pipe and no direct compensation shall be paid therefor. 5. DIVISION V -REMOVALS, EXCAVATION, STREET CONSTRUCTION, AND RESTORATION 19. SPECIAL PROVISIONS 23. INFILTRATION BASIN A. DESCRIPTION Material, Standards, Handling, Planting, Maintenance, Clean-up and Guarantee and Replacement shall be as shown on the plans, as detailed herein and in accordance with the project manual. Rain Garden Basin Grade basin area as shown on the attached plan and as directed by the City Engineer. Blend approximately 12" depth of native soil with compost and sand. The blend shall be 30% native soils, 30% compost (Mn/DOT Grade 2) and 40% sand. Perennial plants shall be planted as shown on the detail and as directed by the City Engineer. After planting, spread approximately 3" layer of shredded mulch bark (Mn/DOT Type 6) in the basin area. 2. Low-Maintenance Basin Grade basin area as shown on the attached plan and as directed by the City Engineer. Install 12" thick layer of 1" clear coarse aggregate surrounded by geotextile fabric as shown on the detail. Anon-woven geotextile (Mn/DOT Type I) shall Addendum No. 1 Page 4 B 5. 6. PLAN SHEETS be installed to separate the rock from the surrounding soil. The geotextile shall overlap at least 24". Blend approximately 24" depth of native soil with compost and sand. The blend shall be 30% native soils, 30% compost (Mn/DOT Grade 1) and 40% sand. Lightly compact in continuous layers not exceeding 12" compacted depth. Compact to a minimum of 85% and a maximum of 90% Standard Proctor density. Cover basin with coconut fiber blanket (Mn/DOT Category 5) as shown on the detail. Cover other disturbed areas with erosion control blanket (Mn/DOT Category 2). Seed basin and all disturbed areas with Mn/DOT Mixture 260 at a rate of 100 pounds per acre. BASIS OF PAYMENT 1. Rain Garden Basin Payment for the infiltration basin shall be by each item shown in the proposal. All other items and maintenance shall be considered incidental with no direct payment therefor. 2. Low Maintenance Basin Payment for the low maintenance infiltration basin shall be by each item shown in the proposal. The geotextile shall be considered incidental to the installation of the coarse aggregate and no direct compensation shall be paid therefor. All other items and maintenance shall be considered incidental with no direct payment therefor. A revised Plan Sheet 9 adding the location of Qwest underground utilities. ADDITIONAL ATTACHMENTS Infiltration Basin Detail Plan Low Maintenance Basin Site Plan at Hart Lake Sanitary Sewer Repair Site Plan Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen, P.E. City Engineer 763-706-3705 ^ 763-706-3701(fax) Addendum No. 1 Page 5 ALTERNATE 5 -INFILTRATION BASIN CONSTRUCTION With this alternate, two rain garden basins in Prestemon park will be planted with perennials and two low-maintenance basins will be constructed; one in the boulevard at 3912 Hayes Street and one on City property near Hart Lake. 1 Remove concrete curb and gutter L.F. 40 $ $ 2 Common excavation, CV C.Y. 65 $ $ 3 Course aggregate, CV C.Y. 15 $ $ 4 Riprap, C12 inc. granular filter blanket C.Y. 3 $ $ 5 12" HDPE L.F. 30 $ $ 6 6" Perforated drain pipe with rock filter L.F. 40 $ $ 7 12" Plastic end section with trash grate Ea. 1 $ $ 8 MH Type B with casting Ea. 1 $ $ 9 Concrete curb and gutter L.F. 40 $ $ 10 Perennials 4" container Ea. 760 $ $ 11 Silt fence L.F. 70 $ $ 1?_ Seeding; Mixture 260 S.Y. 160 $ $ 13 Mulch, Type 6 C.Y. 35 $ $ 14 Blended engineeredlplanting soil, CV C.Y. 50 $ $ 15 Coconut fiber blanket, Category 5 S.Y. 90 $ $ 16 Erosion control blanket, Category 2 S.Y. 70 $ $ TOTAL BID ALTERNATE 5 ~ Total Bid Alternate 5 Written in Words ALTERNATE 6 -SANITARY SEWER REPAIR With this alternate, the sanitary sewer will be removed and replaced from MH 36C93 to 20' north of MH 36C93. The sanitary sewer is approximately 10 feet deep at the MH. MH 36C93 is located on the centerline of 39`h Avenue, approximately 225' west of Reservoir Blvd. 1 Remove curb and gutter L.F. 20 $ $ 2 Remove sanitary sewer pipe L.F. 20 $ $ 3 Remove x-depth pavement S.Y. 80 $ $ 4 Sawing bituminous L.F. 110 $ $ Addendum No. 1 Page 6 5 Aggregate base class 5, CV C.Y. 25 $ $ 6 Type LV4 wearing course, Mixture B Ton 10 $ $ 7 Type LV 3, non-wearing course, Mix B Ton 30 $ $ 8 8" D.I.P. sewer -class 50 L.F. 20 $ $ 9 Concrete curb and gutter L.F. 20 $ $ 10 Sod with topsoil S.Y. 5 $ $ TOTAL BID ALTERNATE 6 ~ Total Bid Alternate 6 Written in Words SUMMARY OF BIDS TOTAL BASE BID $ TOTAL ALTERNATE 1 BID - RESIDENT CONSTRUCTION $ TOTAL ALTERNATE 2 BID - CONCRETE ALLEY $ TOTAL ALTERNATE 3 BID - WOOD FENCE $ TOTAL ALTERNATE 4 BID - PARKING LOT $ TOTAL ALTERNATE 5 BID - INFILTRATION BASIN $ TOTAL ALTERNATE 6 BID - SANITARY SEWER REPAIR $ TOTAL BASE BID PLUS ALTERNATES 1, 2, 3, 4, 5 AND 6 $ 0 N O , li °a °z ~ c ^~r ~"°-44NG3 aNg~ Z Q m ~_ Q J_ z ~~ ~~ a~ ~w~ ~ K as N 0 ~~ j g~ a a Ys ~ w a T Jd N V LL X ~•°~ FgN32LL d0 3DD3 i al pY N ~ W 4 (> ~'' 3~ ~a a s ¢~¢~ V1 ~ W b ~ ~~ 3 ~1 ~ Yc a ~ ~~ 0 T ~~ po 3e ¢ el ~ z vy m w U Z a Z W H Z Q J FgN3ELL j0 3D03 N 0 X ° m ° V, N p O m m 2 ^ W~ N Z m ~ o °~ m m m N ~' m 3 m m m m a m a m m r ~ ° z <W'Nm w pz~ ~o~~ ~~~ Z z °z z a N Z~ N U ~ ~ ~= yil V I (Z V T~ _J._ MQ CW G J J U O v U ~g ~~ m m ~~~~~i ~~o~~ gdQ ~~C a.`o ~~$ Z ~~m ao~ ~§ $A~ ari ~ ~ ~pmC Pi}~ ~E°ra 'c~ m ~ °° ~ 0 N O O i N O Zn ~ N t-~- ~ U o wn w w 4 ~ KIA Q = a N ~~ ~ ~~ . 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K '^ V W / i~ i V ~ / / ~ / / \ ~ /I.~ ~ ~ ~ ~ I J~ \~/ ~ I ~ J "~ /~ i~v~ ~ o 11 \` ~ `~ // ~~ / ~~ / `ter ~ / / ~ I C~ LL I ~ ar ~ ; ~ ~ ~ / W ~ I ~~ // ~~ / ~~ // ~~ ~ O h / / ~ / O 4\~ i I I ~ `\ I VJ / `~ ~' ~ / ~ // ~ r-i l~ / /yvc~ / "` W I a I ~ , / ~ ~/~ ~ ~~ U I / ~ / Q I 3 ~~ ~/~ // ~~ `~` I O ~ // ~ // ~~ i I I \ / ~/ I 6' I ~ / „~~b / o / ~; i~ + I -Z---- I ~` / / ~/ / / ~ = _ ~ a@ I I a I ~ ~ / ~ // ~ ,/ ~ / ~m ~~ --- -- I T~ / V //, / I '~ O~GU6 I r ~ r~ ~ / / / i ~ I I ` "~ / / c ,, == == 9 I ~tV"l I I 1 j==-r-==~===r- ~---~-- ~ I I i i E=o O I I ~ i I I I I C I ~"~ i~ l~ I r- I C I ~ I g~ I ~"~ I I ~C') I~ I~ I d- I¢ I r~ I N I g~~ i I I ,I ~ I~ I~ i~ I~ I~ I ~ I i rr} I r~ i ~ i r7 i rr} I ~ I ~ I = ~ : ~ I I I I I i i i I aom ~ -----~------J L-~--~--~----~--_-1---L-'-------- ---- $~b ... ~~$ c- $Ea > > l _~~I_..~- , i ~ ~ i--.-. _~._-...~ ..............T.-_ I I -_-_ I I M I ;a #ra~ Contractor's Business Name: ((~~ Address: ~ ~~ ~l~C~tit,}(}(~~ KC ~{~ iJt~ ~~( Phone No: ~~ ' ~; ~'~ ~ ~-c~ ~ Fax No: ~~ '~~~ ° `~~ BID FORM PROJECT IDENTIFICATION: 2009 S 1 REE T REIIABILI T A T ION BIDS TO BE OPENED: This bid is submitted to: AND ALLEY RECONSTRUCTION CITY PROJECT NUMBER 0902 S.A.P. 113-050-009 10:00 A.M. -Thursday, April 9, 2009 CITY OF COLUMBIA HEIGHTS 637 - 38TH AVENUE NE COLUMBIA HEIGHTS, MN 55421 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER on the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract time indicated in this bid and in accordance with the other terms and conditions of the Contract Document. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid 'opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF AWARD. 10 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Date Number _ re I ~ (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work. (c) BIDDER has studied carefizlly all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 & 4.03 of the General Conditions, and accepts the determination set forth in Paragraph S.C. 4.02 & 4.03 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying} all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c} above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance of furnishing the work at the Contract Price, within the Contract Time and in accordance with tie .other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in'` order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors, discrepancies, that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain far itself any advantage over any other BIDDER or over OWNER. (i) Any other representation as required by Laws and Regulations. 4. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING ITNIT PRICE(S): (See Attached Pages 13 through 1:6) Quantities are indicated for the convenience of the Bidder. Final Payment will be based on actual. quantities. 12 BID PROPOSAL FORM -CITY OF COLUMBIA HEIGHTS 2009 STREET REHABILITATION AND ALLEY RECONSTRUCTION S.A.P. 113-050-09 CITY PROJECT NUMBER 0902 No _ Item Mobilization Remove concrete curb and gutter Remove water main Remove hydrant lead inc. valve and box Remove water service pipe Remove fence Remove concrete street Remove concrete alley/apron Remove concrete driveway/apron Remove concrete walk Remove bituminous pavement Kemove x-depth pavement Remove bit. driveway/parking lot Remove water main gate valve and box Sawing concrete Sawing bituminous Salvage hydrant Salvage MH or CB casting Abandon water main and services Common excavation, CV - P Subgrade correction, CV Select granular borrow, CV Geotextile fabric Aggregate base class 5 or 7, CV Mill bituminous pavement Sawed/sealed joint Bituminous patch special Type LV4 wearing course, Mixture B Type LV3, non-wearing course, Mix B Bituminous material for tack coat 12" RCP Storm sewer, Class V 12" HDPE Storm sewer Reconstruct sanitary MH bench San. MH-new rings., casting and seal Reinstall salt'. MH casting, HDPE rings 8"x6"PVCwye 6" PVC sanitary service pipe/riser Unit uanti Unit Price L.S. 1 $ G'~G~:o~ L.F. 2,085 $ , ~ a L.F. 757 $ 3 " L.F. 31 $ 1~ ~G L.F. 492 $ ~ S.- L.F. 586 $ 1 5`' S.F. 211 $ i ~ ~ S.F. 111 $ a ~© S.F. 484 $ 1 ~~ S.F. 1,287 $ 1 °-~ S.Y. 2,856 $ ~ 3G S.Y. 221 $ ~ ~pO S.Y. 49 $ 3 ~° Ea. 3 $ 3`l~` L; F. 287 $ ~ i o L.F. 1,408 $ ~ ~-° Ea. 2 $ y 7c~ Ea. 8 $ i ~S - L.S. 1 $ S~o~, ~' C.Y. 1,346 $ °1 ~=~ C.Y. 409 $ 7 ~- C. Y. 409 $ i 3 `~~ S.Y. 2,041 $ ` 3~ C.Y. 1,192 $ ~ 1 S.Y. 7,405 $ o ~~ L.F. 702 $ 3 ~-=° S.Y. 828 $ ~a ' Ton 898 $ 59 '~' Ton 587 $ ~ y Gal. 549 $ 3 ~.= L.F. 18 $ a b - L.F. 60 $ ~ ~' Ea. 2 $ i goo Ea. 2 $ 7 ~ ' Ea. 4 $ 3 ,~~ Ea. 1 $ 3 5 ~zs ` L.F. 30 $ a ~-' Amount $ dOCi.G6 $ ~~) ~ 1 - $ aa~, - $ 3c13 y'° $ la3b $ ~' 7 c! $ 3~7 05 $ a33 s© $ -~ So ~c $ f 3 ~ + 3' $ 57y ~`' $ i S t `~O $ d'?a $ ~~"1 ~° $ a rt.S~ epc $ ~ yo $ 1 yoo $ 5c~~ $ t O ~l 3 i Sty $ _ 3 1 ~`~ ~s $ ~r~s3 ~= $ ~5, ate? - $ 5553 ~=~ $ aS ~7 .aa $ 1ci',a1~` $ 53,~~t - $ 3i (o`t~" $ 19a- So $ ~ bct/' $ ! 5 ot~ - $ ~e~~_ $ 1 SoG $ ~ ao~ $ ~ Svv $ ~~.~ " $ 3 3~S` $ 337,5 "' $ Sabo'" $ 3 ~~U 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Temporary water service on 5th L.S. 1 $ 3373" 39 Temporary water service on Alley L.S. 1 $ 3375 " 40 8" Gate valve and box Ea. 6 $ 1 a ~ ~ ` 41 6" Gate valve and box inc. hydrant valve Ea. 4 $ q ~o ' 13 No. Item 42 4" Gate valve and box 43 Hydrant 44 1 %2" Corporation 4s 1" Corporation 46 Reconnect service 47 1'/2" Curb box 48 1 "Curb box 49 1'/2" Curb stop s0 1" Curb stop s 1 Replace curb box or curb stop s2 Curb box repair top s3 Curb box guard s4 Explore water service ss 8" DIP water main-CI. s2 s6 6" DIP water main or hydrant lead-Cl. s2 s7 4" DIP water service-Cl. s4 Unit uantit Unit Price Ea. 2 $ ~l'.S6 °' Ea. 3 $ ~`1ao " Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. L.F L.F L.F s8 1 `/2" Type K copper pipe L.F. s9 1" Type K copper pipe L.F. 60 Water main fittings Lb. 61 MH Type B with casting (48'") Ea. 62 2' x 3' CB Type X with casting Ea. 63 i o" Drain 'oasin with casting Ea. 64 Catch basin -new rings, casting and seal Ea. 6s 4" Concrete walk S.F. 66 4" Concrete slope paving S.F. 67 Concrete curb and gutter - B624 L.F. 68 Concrete curb and gutter L.F. 69 8" Concrete alley/apron S.F. 70 6" Concrete driveway/apron S.F. 71 Truncated domes S.F. 72 W-Beam Guardrail L.F. 73 6' Fence, Composite L.F. 74 Fence, Wood L.F. 75 Traffic control L.S. 76 Sign, W8-1 "Bump" & W16-7p "An°ow" Ea. 77 Silt fence type machine sliced L.F. 78 Storm drain inlet protection Ea. 79 Sod with topsoil S,y. 80 4" Solid line white -paint L.F. 81 Solid yellow -paint S.F. AL BASE. BID otal Base Bid Written in Words 1 $ ~~S ~' 38 $ iao"' 40 $ 4a 1 $ a~ 27 $ ~~ 1 $ l~t~ 27 $ ins ` s $ 5~~ " 1 $ t ~o 2 $ ice" s $ ~~o " 1,230 $ ~.~ 73 $ ~'~ 20 $ a~s~ is $ a~~ s5s $ ~io~` 2,490 $ ~ ~-~ 1 $ 17aG 1 $ Ib~c~- 1 $ ~ t7ep 2 $ 7 Sa 1,338 $ ~ ~- 1 Os $ S ~" 490 $ i3?° l,s9s $ la'-~ 3s7 $ S ~~ 620 $ 5 °' 48 $ 3io~~ s66 $ ~ _QC+ 20 $ .5c~_oc7 1 $ ~i.,5o. ocs 4 $ /7~S;od 600 $ ~./d $ $ 0?~6. o d 1,410 $ ~ ~a 600 $ 6 0 220 $ , ~ ~ Amount $ ~5~ $ ~~~ $ ass $ 3~~ " $ fix: ~' $ 3a'In $ i~~, " $ ~~©~ $ ~S®~. $ t ~o - $ ~~ $ a 5~~ - $ 175a "' $ ~ao-- $ 3~0 $ ~~'~'~ $ I7c:~ $ 1 ~~ _ $ i~~ $ J 5ca " $ lo- GcP~ $ .53 ~ sG $ ~-~1~ $ t 9 37~ ~~ $.-gay $ 3 1 oa $ 1 71o y $ .~ 6Q.©d $ Cf.S (~~a $ /aoo. ~~ $ ~/S'C.ao $ 76'oe.a o $ J,~ZG~G_oa $ 176 ~-G~s $ ~ y~~,ao $ ~pGQ.6D $ o?C~~f• 6G d ~~~~~ 14 ALTERNATE 1 -RESIDENTIAL CONSTRUCTION With this alternate, Columbia Heights residents located adjacent to the construction project may purchase driveway or sidewalk construction services at their request at the City bid prices listed below. These purchases are to be a direct private agreement between the resident and contractor. The residents will be entitled to the same service, quality and price as guaranteed in the City bid. No. Item Unit uantit Um~Pi-ice Amount 1 Remove bituminous driveway S.Y. 10 $ -,GCS $ S C~, a ~ 2 Remove concrete driveway S.F. 90 $ ~7,5'~ $ ~ ~'.~S C~ 3 Remove concrete sidewalk S.F. 100 $ ~ ,~'G~ $ ~j G'. racy 4 Remove concrete step S.F. 10 $ ~'~ d $ ~G. d6 5 Aggregate base class 5, CV C.Y. 5 $ C_C~CS $ /,.5"G~.GO 6 Bituminous driveway S.Y. 10 $ ~ 6~ $ 7d,dd 7 Concrete driveway S.F. 90 $ <',~~' $ ~/,~' ~,~ 8 Concrete sidewalk S.F. 100 $ ~`" 6 ~ $ `j GG. ~s~ 9 Concrete step S.F. 10 $ ~ ~~ $ ~~~, ~ d Total Bid Alternate 1 Written in Words ALTERNATE 2 -CONCRETE ALLEY With this alternate, the alley located between Jackson Street and Central Avenue from 49`h Avenue to 50`x' Avenue will be constructed with concrete instead of bituminous. DEDUCT: 1 Common excavation, CV - P C.Y. 40 $ ~`JC~' $ .a.- ,j ~D. as 2 Aggregate base class 5 or 7, CV C:Y. 140 $ ~/,~~ $ _~~ob 3 Type LV4 wearing course, Mixture B Ton 60 $ ~;C;, ao $ - ,~ (G6 . ~y® 4 Type LV3, non-wearing course, Mix B Ton 100 $ ,.j' .Ga $ .a ~°ydG.~0 ADD: 69 8" Concrete alley S.F. 6,000 $ -~G~G~ $ ~f~ ~ 06. va TOTAL BID ALTERNATE 2 Total Bid Alternate 2 Written in Words 15 TOTAL BID ALTERNATE I S 7 / ~ , 5 ~ ,, ALTERNATE 3 -WOOD FENCE With this alternate, the fence installed along the alley located between Jackson Street and Central Avenue from 49th Avenue to 50th Avenue will be constructed with cedar posts and boards instead of composite material. DEDUCT: 1 Fence, Composite L.F. 566 $ ,_~` <~C}~ $ °'~~ `~~i ~, ~O ADD: 1 Fence, Wood L.F. TOTAL I~'iD ALTERl'~IA T E .S Total Bid Alternate 3 Written in Words ALTERNATE 4 -PARKING LOT S.Y. 2,039 $ ~ .~G L.F. 175 $ , ~ c9 C.Y. 340 $ "S'c's C.Y. 249 $ ~ 3 acs Ton 168 $ ~ S~~ Ton 168 $ ~ ,c~ a With this alternate, the parking lot located at 4920 Central Avenue adjacent to the alley ioCated betvveen Jackson Street aiid Ceiitrai AVciiue lioiii 49th AVelllle to JVtlt AverlUe wiii be reconstructed. ADD: 1 Remove bituminous parking lot 2 Sawing bituminous 3 Common excavation, CV - P 4 Aggregate base class 5 or 7, CV 5 Type LV4 wearing course, Mixture B 6 Type LV3, non-wearing course, Mix B TOTAL SID ALTERNATE 4 566 $ ~. C~ $ / Io 9~~ 00 $ ~a78'~~ ~~ ate. Total Bid~Alternate 4 Written in Wards SU AR OF BIS OTAL BASE ID $ TOTAL ALTS ATE I BID $ TOTAL ALTE TE 2 BID ~ TOTAL ALTERN E 3 BID $ TOTAL ALTERNA ~ I6 5. BIDDER agrees that the Work will be completed as follows: CITY PROJECT N0.0902 • FULL STREET RECONSTRUCTION • STREET MILL AND OVERLAY • ALLEY RECONSTRUCTION • WATER MAIN • SANITARY SEWER • STORM SEWER Final inspection by September 25, 2009 in accordance with Paragraph 14.06 of the General Conditions. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The following documents are attached to and made a condition of the BID. (a) A tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Bid. (b) The contractor will complete the Work sequence in accordance with Division 1, Section 4, General Requirements. (c) Affidavit ofNon-Collusion. 7. Communications concerning this BID shall be addressed to the address of BIDDER indicated below. 8. The terms used in this BID, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the.. General Conditions. SUBMITTED ON:~-(~~ ~ ~ , 2009. 17 If BIDDER is: AN INDIVIDUAL By (Individual's Name) Doing Business As Address Telephone No A PARTNERSHIP By (Firm Name) (General Partner) Business Address Telephone No. (Continued on next page.) (SEAL) (SEAL) 18 A CORPORATION BY ~ ~- ~.- ~ C Vl~ (SEAL) (Corporation ame) (State of Incorporation) BY 1~-~, ~J '~ r~ C~~ (Name of Person Authorized to Sign) ~J i~' ~i ~.~ ~~ (Titl~- ATTEST ~j ~Jr ~~~ (Secretary) Business Address ~~jq ~,i__ ~~G~f (,~ 0 d C~ I'1 ~ ~~ (J~ ~~ Telephone No. ~~ ~"~J'(c~-~ A JOINT VENTURE By (Name) (Address) By (Name) (Address) Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above. 1.9 STATE OF ~ i ~ ~-~ ~~ COUNTY OF ~~--~(~ ~~ AFFIDAVIT OF NON-COLLUSION: (1) That I am the BIDDER (if the bidder is an individual), a partner in the BIDDER (if the bidder is a partnership) of an officer or employee of the BIDDER corporation having authority to sign on its behalf (if the BIDDER is a corporation; (2) That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; (3) That the contents of the bid or bids have not been communicated by the BIDDER, or its employees or agents, to any person not any employee or agent of the BIDDER, or its surety, on any bond furnished with the bid or bids, and will not be communicated to any person, prior to any official opening of the bids, or bids; and; (4) That I have fully informed myself regarding the accuracy of the statements made in this aff davit. ~-~ ~-. ~t DER ~~-~ ~X G~ ~ a~ ~ ~ti ~ nL G BIDS Subscribed and sworn to before me this ~ day of _~~~~~. , 2009. NAME OFFICIAL TITLE 20 fit- ~ o i3 Addendum No. 1 Page 5 ALTERNATE 5 -INFILTRATION BASIN CONSTRUCTION With this alternate, two rain garden basins in Prestemon park will be planted with perennials and two low-maintenance basins will be constructed; one in the boulevard at 3912 Hayes Street and one on City property near Hart Lake. 1 Remove concrete curb and gutter L.F. 40 $ _ ~ , „5^G~ $ O , O O 2 Common excavation, CV C.Y. 65 $ ~~~ $ ~ ~3. ocr 3 Course aggregate, CV C.Y. 15 $ ~c~,6a $ ~ CC?. c~~ 4 Riprap, C12 inc. granular filter blanket C.Y. 3 $ 7~_G~ ~' $ ~ .~ ``f c^d 5 12" HDPE L.F. 30 $ ~'=Cz~ $ `~~L$-~~~ 6 6" Perforated drain pipe with rock filter L.F. 40 $ J~C $ -,~':.~G. a s 7 12" Plastic end section with trash grate Ea. 1 $ ~~~Q~o~ $ ,~~G, C O 8 MH Type B with casting Ea. 1 $ ~G.on $ IJ` Cam. c'© 9 Concrete curb and gutter L.F. 40 $ ~'' GG5 $ l ~ ~O~ d 10 Perennials 4" container Ea. 760 $~ $ ~ ~ i . ~?~ 11 Silt fence L.F. 70 $ _~~ $ ,~<3`~~ L~ O 12 Seeding, Mixture 260 S.Y. 160 $ ~~~ $ /~`~~. ©~ 13 r~;,alch, T y'»~,e 6 C.Y. 35 _ _ $ °~ % . ~~ s° $ ;~ / Sl ~~;._.- ~ 14 Blended engineered/planting soil, CV C.Y. 50 $ ~ ~ .~,5 7,.5 ~f $ l ~f / 15 Coconut fiber blanket, Category 5 S.Y. 90 $ ~ , 9 Cj $ ~, ~O !; ~ c~ 16 Erosion control blanket, Category 2 S.Y. 70 $ , ~,.5`~ $ _l~!,3=~C~, TOTAL BID ALTERNATE 5 $ J ~ ~~ ~ ~: ~ ~~ Total Bid Alternate 5 Written in Words ALTERNATE 6 -SANITARY SEWER REPAIR With this alternate, the sanitary sewer will be removed and replaced from MH 36C93 to 20' north of MH 36C93. The sanitary sewer is approximately 10 feet deep at the MH. MH 36C93 is located on the centerline of 39`" Avenue, approximately 225' west of Reservoir Blvd. 1 Remove curb and gutter L.F. 20 $ ...S~GS $ ~d ~° 2 Remove sanitary sewer pipe L.F. 20 $ , ~o $ .~ ~G 3 Remove x-depth pavement S.Y. 80 $ ~,~~ $ ~.~0. ~c~ 4 Sawing bituminous L.F. 110 $ -$~ $ _~~c~CT Addendum No. 1 Page 6 5 Aggregate base class 5, CV C.Y. 25 $ ~ OC7 $ ~ ~~ ~ 0'a 6 Type LV4 wearing course, Mixture B Ton 10 $ :.5~ co $ ~~'"GT. cs o 7 Type LV 3, non-wearing course, Mix B Ton 30 $ ~..~' a~ $ ~ -S~G~.~~ 8 8" D.LP. sewer -class 50 L.F. 20 $ ~ 3~~~~ $ ~ 7~'ob~a 9 Concrete curb and gutter L.F. 20 $ ~ ,~ ©~ $ y r~c~_ ~ d 10 Sad with topsoil S.Y. 5 $ ~~~d $ ,.~G _ o d TOTAL BID ALTERNATE 6 $ _ _ ~ ~ ~~ ~ , ~'(,~ Total Bid Alternate 6 Writt{e'n in Words SUMMARY OF BIDS TOTAL BASE BID TOTAL ALTERNATE 1 BID TOTAL. AT: ('ERNA'TE 2 BITI TOTAL ALTERNATE 3 BID TOTAL ALTERNATE 4 BID TOTAL ALTERNATE 5 BiD TOTAL ALTERNATE 6 BID RESIDENT CONSTRUCTION $ ~ 7 / ~ y .5 ~ COlrCP~TE ALT Ey $ 17 r',~ ~, ~ n WOOD FENCE $ -- / ~~ .5~~'~, a 6 PARKING LOT $ ~ ~ ~ 1,~, 6d INFILTRATION BASIN $ / ,.~ , ~ ~, ~' ~ , ;-~ SANITARY SEWER REPAIR $ ~ ~ ~. ~- , c>6 TOTAL BASE BID PLUS ALTERNATES 1, 2, 3, 4, 5 AND 6 $ ~ ~~ 7~~ ~ 4'~,5~ DATE (MM/DDIYYYY) --O/za'® CERTIFICATE OF LIABILITY INSURANCE OP ID DW I Apollo Insurance Agency P O Box 1206 St Cloud DIN 56302-1206 Phone:320-253-1122 Fax:320-259-3890 INSURED C & L Excavating, Inc PO Box. 99 -St,Joseph MN 56374. C&LEX-1 12/30/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: General Casualty Companies 24414 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 0 H A MAY PERTAINnTHETINSURANCE AO FORDOE BYA7HE POL CITES DEESCRIBED NDEOREINES S BJECTETO ALL THOS TERMS, EXCLUSIONS BI_SSUED OR POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,,~~®1®1 LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, OOO , OOO A X X COMMERCIAL GENERAL LIABILITY CCI0507939 O1/Ol/10 O1/Ol/11 PREMISES (Eaoccurence) $100/000 ~ CLAIMS MADE ~ OCCUR MED EXP (Any one person} $ 5 , Q 0 0 Contractural Li.ab PERSONAL & ADV INJURY $ 1 , 000 , 000 X Blanket AS CG81O2 GENERAL AGGREGATE $ 2 , OOO , OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , OO O , O ® O POLICY PRO LOC JECT -AUT OMOBILELIABILI# INGIE LIMIT 0 cid tj ~ $ 1, 000, 000 A X ANY AUTO CBA0507938 O1/O1/10 Ol/OZ/11 ac e ( ALL OWNED AUTOS BODILY INJURY SCHEDULED AU70S (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OVdNED AUTOS (Per accident} PROPERTY DAMAGE (Per accident} $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: pGG $ EXCESS /UMBRELLA LIABILITY ~ EACH OCCURRENCE ~ $ 3 , OO E! , O00 A ~ OCCUR u CLAIMSMADE CCU0507936 01/01/10 Ol/O1/11 AGGREGATE $ 3,000,000 DEDUCTIBLE $ X RETENTION $ 10 , OOO $ WORKERS COMPENSATION we 5 AI X AND EMPLOYERS' LIABILITY TORY LIMITS ER A ANY PROPRIETORIPARTNER/EXECUTIV Y/N CjM1~CQ507937 ®1/01/1() Q1/O1/11 ~ E_LEACHACCIDENT $1,Q0®,000 ' OFFIGERJMEMBEit EXCLUDED~1 - _ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1 , 0 0 ®, 0 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 , 000 , 000 OTHER UtSGKIP I ION OF UYtKA I TUNS / LUGA I TUNS i VtHIl:LtSI tAl:LU51UN5 AUUtU fiY tNUUKStMtN I / SYtIaAL YKV VISIONS Project - 2009 Street Rehabilitation and Alley Reconstruction, Zone 4 City Project number 0902 Additional insured only if required by written contract with respect to general liability: City of Columbia Heights CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI CITYCOL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL l O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. City of Columbia Heights 637 38th Ave DIE AUTHORIZED REPRESENTATIVE olumbia Hei hts D~7 55421 ACORD 25 (2009/01) .~)~.i.9$'$'~6~3`A~O}~D CORPORATION. All rights reserved. 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