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HomeMy WebLinkAboutContract 2011 2373 °23736 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA (OWNER) and Master Mechanical, Inc. _ (CONTRACTOR). OWNER and CONTRACTOR, hereby agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2011 HVAC IMPROVEMENTS located at: a Boiler Replacement at the Municipal Service Center Boiler Replacement at the City Library 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. 1107: 2011 IIVAC IMPROVEMENTS — Bid Package `A' (Municipal Service Center) and Bid Package `B' (City Library) 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. 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. 22 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before July 1, 2011, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before July 15, 2011. • 4.03 Liquidated Damages A. CONTRACTOR. and OWNER recognize that time is of the essence as stated in Paragraph 4.01 above and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to 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 above for completion and readiness for final payment until the Work is completed and ready for final payment. In addition, 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 following milestones: • July 1, 2011 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 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. 23 Il ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment 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. 6.03 Final Payment 24 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 stipulated in Minnesota Statute 161.322. 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. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) 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. 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 telins and conditions of the Contract Documents. 25 G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 26 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 22 to 29 , inclusive). 2. Performance Bond (pages 1 to 2 , inclusive). 3. Payment Bond (pages 1 to 2 , inclusive). 4. Other Bonds (pages to , inclusive). 5. General Conditions (pages 00700 -3 to 00700 -41 , inclusive). 6. Supplementary Conditions (pages 00700 -50 to 00700 -57, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Schedule and drawings consisting of a cover sheet and sheets numbered 1 through 2 , inclusive, with each sheet bearing the general title Boiler Replacement Improvements and the City Project Number 1107. 9. Addenda (numbers 1 to 2 , inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages 1 to 8 , inclusive). b. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive). c. Alternates 1 a and 1 b are accepted 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 1 to 1 , inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as 27 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding .on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that-are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will , release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its 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). 28 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 k 9 , 2011 (which is the Effective Date of the Agreement). OWNER: CON RACTOR: / Feh M. ager (� Sc V 1 1 � i By: ag18 J T • „ I.r Gary Pete rson, Mayor Title: Pc't(\e,14 [CORPORATE SEAL] [CORPORATE SEAL] Attest: J Attest Title: /1� Title: Address for giving notices: Address for giving notices: 1C.3, C,efri►r■■ Rr>ack Saar , mtv 55gA (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public License No. body, attach evidence of authority to sign and (Where applicable) resolution or other documents authorizing execution of OWNER - CONTRACTOR Agent for service of process: Agreement). (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address: Phone: Phone: Facsimile: Facsimile: 29 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Foam: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C -610 Performance Bond - - - -- Prepared by the Engineers Joint Contract - Documents Committee - Page 1 of 1 • e Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the 5. After Owner has terminated Contractor's right to complete the performance of the Contract, which is incorporated herein by reference. Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 1. If Contractor performs the Contract, Surety and Contractor have no above, then the responsibilities of Surety to Owner shall not be greater obligation under this Bond, except to participate in conferences as than those of Contractor under the Contract, and the responsibilities of provided in Paragraph 2.1. Owner to Surety shall not be greater than those of Owner under the 2. If there is no Owner Default, Surety's obligation under this Bond Contract. To the limit of the amount of this Bond, but subject to shall arise after: commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without 2.1 Owner has notified Contractor and Surety, at the addresses duplication for: described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and 5.1 The responsibilities of Contractor for correction of attempted to arrange a conference with Contractor and defective Work and completion of the Contract; Surety to be held not later than 15 days after receipt of 5.2 Additional legal, design professional, and delay costs such notice to discuss methods of perfonning the Contract. resulting from Contractor's Default, and resulting from the If Owner, Contractor, and Surety agree, Contractor shall be actions of or failure to act of Surety under Paragraph 3; and allowed a reasonable time to perform the Contract, but 5.3 Liquidated damages, or if no liquidated damages are such an agreement shall not waive Owner's right, if any, specified in the Contract, actual damages caused by subsequently to declare a Contractor Default; and delayed performance or non - performance of Contractor. 2.2 Owner has declared a Contractor Default and formally 6. Surety shall not be liable to Owner or others for obligations of terminated Contractor's right to complete the Contract. Contractor that are unrelated to the Contract, and the Balance of the Such Contractor Default shall not be declared earlier than Contract Price shall not be reduced or set off on account of any such 20 days after Contractor and Surety have received notice as unrelated obligations. No right of action shall accrue on this Bond to any provided in Paragraph 2.1; and person or entity other than Owner or its heirs, executors, administrators, 2.3 Owner has agreed to pay the Balance of the Contract Price or successors. to: 7. Surety hereby waives notice of any change, including changes of 1. Surety in accordance with the terms of the Contract; time, to Contract or to related subcontracts, purchase orders, and other or obligations. 2. Another contractor selected pursuant to Paragraph 8. Any proceeding, legal or equitable, under this Bond may be 3.3 to perform the Contract. instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following two years after Contractor Default or within two years after Contractor actions: ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the 3.1 Arrange for Contractor, with consent of Owner, to perform provisions of this paragraph are void or prohibited by law, the minimum and complete the Contract; or period of limitation available to sureties as a defense in the jurisdiction 3.2 Undertake to perform and complete the Contract itself, of the suit shall be applicable. through its agents or through independent contractors; or 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered 3.3 Obtain bids or negotiated proposals from qualified to the address shown on the signature page. contractors acceptable to Owner for a contract for 10. When this Bond has been furnished to comply with a statutory performance and completion of the Contract, arrange for a requirement in the location where the Contract was to be performed, any contract to be prepared for execution by Owner and provision in this Bond conflicting with said statutory requirement shall contractor selected with Owner's concurrence, to be be deemed deleted herefrom and provisions conforming to such statutory secured with performance and payment bonds executed by requirement shall be deemed incorporated herein. The intent is that this a qualified surety equivalent to the bonds issued on the Bond shall be construed as a statutory bond and not as a common law Contract, and pay to Owner the amount of damages as bond. described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from 11. Definitions. Contractor Default; or 1 1.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with adjustments have been made, including allowance to reasonable promptness under the circumstances: Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for 1. After investigation, determine the amount for which damages to which Contractor is entitled, reduced by all it may be liable to Owner and, as soon as practicable valid and proper payments made to or on behalf of after the amount is determined, tender payment Contractor under the Contract. therefor to Owner; or 11.2 Contract: The agreement between Owner and Contractor 2. Deny liability in whole or in part and notify Owner identified on the signature page, including all Contract citing reasons therefor. Documents and changes thereto. 4. If Surety does not proceed as provided in Paragraph 3 with 11.3 Contractor Default: Failure of Contractor, which has reasonable promptness, Surety shall be deemed to be in default on this neither been remedied nor waived, to perform or otherwise Bond 15 days after receipt of an additional written notice from Owner to to comply with the terms of the Contract. Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If 11.4 Owner Default: Failure of Owner, which has neither been Surety proceeds as provided in Paragraph 3.4, and Owner refuses the remedied nor waived, to pay Contractor as required by the payment tendered or Surety has denied liability, in whole or in part, Contract or to e rns th e and complete or otherwise comply without further notice Owner shall be entitled to enforce any remedy with the other terms thereof. available to Owner. FOR INFORMATION ONLY - (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C -610 Performance Bond - - -" Prepared "byth c Engineers Joint" ontract Documents Committee. -- - - -- -" --- Page 2 of 2 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to, be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. - CONTRACTOR AS PRINCIPAL SUURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. {Mw001504;1} EJCDC C- 615(A) Payment Bond March 2008 - — -- - — -- -- — Prepared JoinYContracfDocuments Committee. Page 1 of 2 ' e Contractor and Surety, jointly and severally, bind themselves, their heirs, accepting this Bond, they agree that all funds earned by Contractor in the executors, administrators, successors, and assigns to Owner to pay for performance of the Contract are dedicated to satisfy obligations of labor, materials, and equipment furnished by Claimants for use in the Contractor and Surety under this Bond, subject to Owner's priority to performance of the Contract, which is incorporated herein by reference. use the funds for the completion of the Work. 1. With respect to Owner, this obligation shall be null and void if 8. Surety shall not be liable to Owner, Claimants, or others for Contractor: obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under 1.1 Promptly makes payment, directly or indirectly, for all sums this Bond, and shall have under this Bond no obligations to make due Claimants, and payments to, give notices on behalf of, or otherwise have obligations to 1.2 Defends, indemnifies, and holds harmless Owner from all Claimants under this Bond. claims, demands, liens; or suits alleging non - payment by 9. Surety hereby waives notice of any change, including changes of Contractor by any person or entity who furnished labor, time, to the Contract or to related subcontracts, purchase orders, and materials, or equipment for use in the performance of the other obligations. Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of 10. No suit or action shall be commenced by a Claimant under this any claims, demands, liens, or suits and tendered defense of Bond other than in a court of competent jurisdiction in the location in such claims, demands, liens, or suits to Contractor and which the Work or part of the Work is located or after the expiration of Surety, and provided there is no Owner Default. one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4,2.3, or (2) on which the last 2. With respect to Claimants, this obligation shall be null and void if labor or service was perforned by anyone or the last materials or Contractor promptly makes payment, directly or indirectly, for all sums equipment were furnished by anyone under the Contract, whichever of due. (1) or (2) first occurs. If the provisions of this paragraph are void or 3. Surety shall have no obligation to Claimants under this Bond until: prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 3.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address 11. Notice to Surety, Owner, or Contractor shall be mailed or delivered described in Paragraph 12) and sent a copy, or notice thereof, to the addresses shown on the signature page. Actual receipt of notice by to Owner, stating that a claim is being made under this Bond Surety, Owner, or Contractor, however accomplished, shall be sufficient and, with substantial accuracy, the amount of the claim. compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory 3.2 Claimants who do not have a direct contract with Contractor: requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall 1. Have furnished written notice to Contractor and sent be deemed deleted herefrom and provisions conforming to such statutory a copy, or notice thereof, to Owner, within 90 days requirement shall be deemed incorporated herein. The intent is that this after having last performed labor or last furnished Bond shall be construed as a statutory Bond and not as a common law materials or equipment included in the claim stating, bond. with substantial accuracy, the amount of the claim and the name of the party to whom the materials or 13. Upon request of any person or entity appearing to be a potential equipment were furnished or supplied, or for whom beneficiary of this Bond, Contractor shall promptly furnish a copy of the labor was done or performed; and this Bond or shall permit a copy to be made. 2. Have either received a rejection in whole or in part 14. Definitions from Contractor, or not received within 30 days of 14.1 Claimant: An individual or entity having a direct contract furnishing the above notice any communication from with Contractor, or with a first -tier subcontractor of Contractor by which Contractor had indicated the Contractor, to furnish labor, materials, or equipment for use claim will be paid directly or indirectly; and in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, 3. Not having been paid within the above 30 days, have materials or equipment" that part of water, gas, power, light, sent a written notice to Surety (at the address heat, oil, gasoline, telephone service, or rental equipment described in Paragraph 12) and sent a copy, or notice used in the Contract, architectural and engineering services thereof, to Owner, stating that a claim is being made required for performance of the Work of Contractor and under this Bond and enclosing a copy of the previous Contractor's subcontractors and all other items for which a written notice fumished to Contractor. mechanic's lien may be asserted in the jurisdiction where the 4. If a notice by a Claimant required by Paragraph 4 is provided by labor, materials, or equipment were furnished. • Owner to Contractor or to Surety, that is sufficient compliance. 14.2 Contract: The agreement between Owner and Contractor 5. Reserved. identified on the signature page, including all Contract Documents and changes thereto. 6. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in 14.3 Owner Default: Failure of Owner, which has neither been good faith by Surety. remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply 7. Amounts owed by Owner to Contractor under the Contract shall be with the other terms thereof. used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): {MW001504;1} EJCDC C- 615(A) Payment Bond March 2008 — — Prepared by the Engineers Joint Contract Documents Committee. - Page 2 of 2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2 - PRELIMINARY MATTERS 9 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times; Notice to Proceed 9 2.04 Starting the Work 9 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 10 3.01 Intent 10 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents 11 3.06 Electronic Data 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 13 4.06 Hazardous Environmental Condition at Site 13 ARTICLE 5 - BONDS AND INSURANCE 14 5.01 Performance, Payment, and Other Bonds 14 5.02 Licensed Sureties and Insurers 15 5.03 Certificates of Insurance 15 5.04 Contractor's Liability Insurance 15 5.05 Owner's Liability Insurance 16 5.06 Property Insurance 16 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 17 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 5.10 Partial Utilization, Acknowledgment of Property Insurer 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 6.02 Labor; Working Hours 18 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 18 6.05 Substitutes and "Or-Equals" 19 6.06 Concerning Subcontractors, Suppliers, and Others 20 6.07 Patent Fees and Royalties 21 6.08 Permits 21 6.09 Laws and Regulations 21 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 22 6.13 Safety and Protection 22 6.14 Safety Representative 23 6.15 Hazard Communication Programs 23 6.16 Emergencies 23 - -- - - - - - 0 - -3 • s 6.17 Shop Drawings and Samples 23 6.18 Continuing the Work 24 6.19 Contractor 's General Warranty and Guarantee 24 6.20 Indemnification 24 6.21 Delegation of Professional Design Services 25 ARTICLE 7 - OTHER WORK AT THE SITE 25 7.01 Related Work at Site 25 7.02 Coordination 26 7.03 Legal Relationships 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES 26 8.01 Communications to Contractor 26 8.02 Replacement of Engineer 26 8.03 Furnish Data 26 8.04 Pay When Due 26 8.05 Lands and Easements; Reports and Tests 26 8.06 Insurance 26 8.07 Change Orders • 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on Owner's Responsibilities 27 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner's Representative 27 9.02 Visits to Site 27 9.03 Project Representative 27 9.04 Authorized Variations in Work 27 9.05 Rejecting Defective Work 27 9.06 Shop Drawings, Change Orders and Payments 28 9.07 Determinations for Unit Price Work 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 28 9.09 Limitations on Engineer's Authority and Responsibilities 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 28 10.01 Authorized Changes in the Work 28 10.02 Unauthorized Changes in the Work 29 10.03 Execution of Change Orders 29 10.04 Notification to Surety 29 10.05 Claims 29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 30 11.01 Cost of the Work 30 11.02 Allowances 31 11.03 Unit Price Work 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 32 12.01 Change of Contract Price 32 12.02 Change of Contract Times 33 12.03 Delays 33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33 13.01 Notice of Defects 33 13.02 Access to Work 33 13.03 Tests and Inspections 33 13.04 Uncovering Work 34 13.05 Owner May Stop the Work 34 13.06 Correction or Removal of Defective Work 34 13.07 Correction Period 34 13.08 Acceptance of Defective Work 35 13.09 Owner May Correct Defective Work 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 36 14.01 Schedule of Values 36 14.02 Progress Payments 36 14.03 Contractor's Warranty of Title 37 14.04 Substantial Completion 37 14.05 Partial Utilization 38 14.06 Final Inspection 38 00700 - 4 14.07 Final Payment 38 14.08 Final Completion Delayed 39 14.09 Waiver of Claims 39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 39 15.01 Owner May Suspend Work 39 15.02 Owner May Terminate for Cause 39 15.03 Owner May Terminate For Convenience 40 15.04 Contractor May Stop Work or Terminate 40 ARTICLE 16 - DISPUTE RESOLUTION 41 16.01 Methods and Procedures 41 ARTICLE 17 - MISCELLANEOUS 41 17.01 Giving Notice 41 17.02 Computation of Times 41 17.03 Cumulative Remedies 41 17.04 Survival of Obligations 41 17.05 Controlling Law 41 17.06 Headings 41 00700 - 5 GENERAL CONDITIONS 10. Claim - -A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 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. 1.01 Defined Terms 11. Contract - -The entire and integrated written A. Wherever used in the Bidding Requirements agreement between the Owner and Contractor concerning or Contract Documents and printed with initial capital the Work. The Contract supersedes prior negotiations, letters, the terms listed below will have the meanings representations, or agreements, whether written or oral. indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, 12. Contract Documents -- Those items so terms with initial capital letters in the Contract designated in the Agreement. Only printed or hard copies Documents include references to identified articles and of the items listed in the Agreement are Contract paragraphs, and the titles of other documents or forms. Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface 1. Addenda -- Written or graphic instruments and physical conditions are not Contract Documents. issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 13. Contract Price- -The moneys payable by Contract Documents. Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the 2. Agreement- -The written instrument which is Agreement (subject to the provisions of Paragraph 11.03 evidence of the agreement between Owner and Contractor in the case of Unit Price Work). covering the Work. 14. Contract Times - -The number of days or the 3. Application for Payment - -The form acceptable dates stated in the Agreement to: (i) achieve Milestones, if to Engineer which is to be used by Contractor during the any, (ii) achieve Substantial Completion; and (iii) com- course of the Work in requesting progress or fmal plete the Work so that it is ready for final payment as payments and which is to be accompanied by such evidenced by Engineer's written recommendation of final supporting documentation as is required by the Contract payment. Documents. 15. Contractor- -The individual or entity with 4. Asbestos - -Any material that contains more whom Owner has entered into the Agreement. than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels 16. Cost of the Work- -See Paragraph 11.01.A for established by the United States Occupational Safety and definition. Health Administration. 17. Drawings- -That part of the Contract 5. Bid- -The offer or proposal of a Bidder Documents prepared or approved by Engineer which submitted on the prescribed form setting forth the prices graphically shows the scope, extent, and character of the for the Work to be performed. Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so 6. Bidder - -The individual or entity who submits defined. a Bid directly to Owner. 18. Effective Date of the Agreement - -The date 7. Bidding Documents - -The Bidding indicated in the Agreement on which it becomes effective, Requirements and the proposed Contract Documents but if no such date is indicated, it means the date on (including all Addenda). which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 8. Bidding Requirements- -The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of 19. Engineer - -The individual or entity named as acceptable form, if any, and the Bid Form with any such in the Agreement. supplements. 20. Field Order - -A written order issued by 9. Change Order - -A document recommended by Engineer which requires minor changes in the Work but Engineer which is signed by Contractor and Owner and which does not involve a change in the Contract Price or authorizes an addition, deletion, or revision in the Work the Contract Times. or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 00700 - 6 21. General Requirements -- Sections of Division 33. Project - -The total construction of which the 1 of the Specifications. The General Requirements pertain Work to be performed under the Contract Documents may to all sections of the Specifications. be the whole, or a part. 22. Hazardous Environmental Condition - -The 34. Project Manual - -The bound documentary presence at the Site of Asbestos, PCBs, Petroleum, information prepared for bidding and constructing the Hazardous Waste, or Radioactive Material in such Work. A listing of the contents of the Project Manual, quantities or circumstances that may present a substantial which may be bound in one or more volumes, is danger to persons or property exposed thereto in contained in the table(s) of contents. connection with the Work. 35. Radioactive Material -- Source, special nucle- 23. Hazardous Waste - -The term Hazardous ar, or byproduct material as defined by the Atomic Energy Waste shall have the meaning provided in Section 1004 of Act of 1954 (42 USC Section 2011 et seq.) as amended the Solid Waste Disposal Act (42 USC Section 6903) as from time to time. amended from time to time. 36. Related Entity -- An officer, director, partner, 24. Laws and Regulations; Laws or Regulations- employee, agent, consultant, or subcontractor. -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, 37. Resident Project Representative- -The autho- agencies, authorities, and courts having jurisdiction. rized representative of Engineer who may be assigned to the Site or any part thereof. 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or 38. Samples -- Physical examples of materials, personal property. equipment, or workmanship that are representative of some portion of the Work and which establish the 26. Milestone - -A principal event specified in the standards by which such portion of the Work will be Contract Documents relating to an intermediate comple- judged. tion date or time prior to Substantial Completion of all the Work. 39. Schedule of Submittals - -A schedule, prepared and maintained by Contractor, of required submittals and 27. Notice of Award- -The written notice by the time requirements to support scheduled performance Owner to the Successful Bidder stating that upon timely of related construction activities. compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the 40. Schedule of Values - -A schedule, prepared Agreement. and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used 28. Notice to Proceed- -A written notice given by as the basis for reviewing Contractor's Applications for Owner to Contractor fixing the date on which the Con- Payment. tract Times will commence to run and on which Contractor shall start to perform the Work under the 41. Shop Drawings - -A11 drawings, diagrams, Contract Documents. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 29. Owner - -The individual or entity with whom Contractor and submitted by Contractor to illustrate some Contractor has entered into the Agreement and for whom portion of the Work. the Work is to be performed. 42. Site - -Lands or areas indicated in the Contract 30. PCBs -- Polychlorinated biphenyls. Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and 31. Petroleum -- Petroleum, including crude oil or easements for access thereto, and such other lands any fraction thereof which is liquid at standard conditions furnished by Owner which are designated for the use of of temperature and pressure (60 degrees Fahrenheit and Contractor. 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, 43. Specifications- -That part of the Contract kerosene, and oil mixed with other non- Hazardous Waste Documents consisting of written requirements for and crude oils. materials, equipment, systems, standards and workmanship as applied to the Work, and certain 32. Progress Schedule - -A schedule, prepared and administrative requirements and procedural matters maintained by Contractor, describing the sequence and applicable thereto. duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Subcontractor - -An individual or entity having a direct contract with Contractor or with any other - -- - - - -- -- 00700 -7 Subcontractor for the performance of a part of the Work 1.02 Terminology at the Site. A. The following words or terms are not defined 45. Substantial Completion - -The time at which but, when used in the Bidding Requirements or Contract the Work (or a specified part thereof) has progressed to Documents, have the following meaning. the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in B. Intent of Certain Terms or Adjectives accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the 1. The Contract Documents include the terms "as purposes for which it is intended. The terms "substantially allowed," "as approved," "as ordered ", "as directed" or complete" and "substantially completed" as applied to all terms of like effect or import to authorize an exercise of or part of the Work refer to Substantial Completion professional judgment by Engineer. In addition, the thereof. adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or 46. Successful Bidder - -The Bidder submitting a import are used to describe an action or determination of responsive Bid to whom Owner makes an award. Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be 47. Supplementary Conditions- -That part of the solely to evaluate, in general, the Work for compliance Contract Documents which amends or supplements these with the requirements of and information in the Contract General Conditions. Documents and conformance with the design concept of the completed Project as a functioning whole as shown or 48. Supplier - -A manufacturer, fabricator, suppli- indicated in the Contract Documents (unless there is a er, distributor, materialman, or vendor having a direct specific statement indicating otherwise). The use of any contract with Contractor or with any Subcontractor to such term or adjective is not intended to and shall not be furnish materials or equipment to be incorporated in the effective to assign to Engineer any duty or authority to Work by Contractor or any Subcontractor. supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to 49. Underground Facilities - -A11 underground the provisions of Paragraph 9.09 or any other provision of pipelines, conduits, ducts, cables, wires, manholes, vaults, the Contract Documents. tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including C. Day those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, 1. The word "day" means a calendar day cable television, water, wastewater, storm water, other of 24 hours measured from midnight to the next midnight. liquids or chemicals, or traffic or other control systems. D. Defective 50. Unit Price Work - -Work to be paid for on the basis of unit prices. 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, 51. Work- -The entire construction or the various faulty, or deficient in that it: separately identifiable parts thereof required to be provided under the Contract Documents. Work includes a. does not conform to the Contract Documents, and is the result of performing or providing all labor, or services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating b. does not meet the requirements of any all materials and equipment into such construction, all as applicable inspection, reference standard, test, or required by the Contract Documents. approval referred to in the Contract Documents, or 52. Work Change Directive - -A written statement to Contractor issued on or after the Effective Date of the c. has been damaged prior to Engineer's - Agreement and signed by Owner and recommended by recommendation of final payment (unless Engineer ordering an addition, deletion, or revision in the responsibility for the protection thereof has been Work, or responding to differing or unforeseen subsurface assumed by Owner at Substantial Completion in • or physical conditions under which the Work is to be accordance with Paragraph 14.04 or 14.05). performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times E. Furnish, Install, Perform, Provide but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 00700 - 8 1. The word "furnish," when used in connection Agreement. In no event will the Contract Times com- with services, materials, or equipment, shall mean to mence to run later than the sixtieth day after the day of supply and deliver said services, materials, or equipment Bid opening or the thirtieth day after the Effective Date of to the Site (or some other specified location) ready for use the Agreement, whichever date is earlier. or installation and in usable or operable condition. 2.04 Starting the Work 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put A. Contractor shall start to perform the Work on into use or place in final position said services, materials, the date when the Contract Times commence to run. No or equipment complete and ready for intended use. Work shall be done at the Site prior to the date on which the Contract Times commence to run. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall 2.05 Before Starting Construction mean to furnish and install said services, materials, or equipment complete and ready for intended use. A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise 4. When "furnish," "install," "perform," or "pro- specified in the General Requirements), Contractor shall vide" is not used in connection with services, materials, or submit to Engineer for timely review: equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and F. Unless stated otherwise in the Contract Docu- completing the various stages of the Work, including any ments, words or phrases which have a well -known Milestones specified in the Contract Documents; technical or construction industry or trade meaning are used in the Contract Documents in accordance with such 2. a preliminary Schedule of Submittals; and recognized meaning. 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which ARTICLE 2 - PRELIMINARY MATTERS when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during 2.01 Delivery of Bonds and Evidence of Insurance performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to A. When Contractor delivers the executed each item of Work. counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be 2.06 Preconstruction Conference required to furnish. A. Before any Work at the Site is started, a B. Evidence of Insurance: Before any Work at conference attended by Owner, Contractor, Engineer, and the Site is started, Contractor and Owner shall each others as appropriate will be held to establish a working deliver to the other, with copies to each additional insured understanding among the parties as to the Work and to identified in the Supplementary Conditions, certificates of discuss the schedules referred to in Paragraph 2.05.A, insurance (and other evidence of insurance which either procedures for handling Shop Drawings and other of them or any additional insured may reasonably request) submittals, processing Applications for Payment, and which Contractor and Owner respectively are required to maintaining required records. purchase and maintain in accordance with Article 5. 2.07 Initial Acceptance of Schedules 2.02 Copies of Documents A. At least 10 days before submission of the first A. Owner shall furnish to Contractor up to ten Application for Payment a conference attended by printed or hard copies of the Drawings and Project Contractor, Engineer, and others as appropriate will be Manual. Additional copies will be furnished upon request held to review for acceptability to Engineer as provided at the cost of reproduction. below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 2.03 Commencement of Contract Times; Notice to days to make corrections and adjustments and to complete Proceed and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are A. The Contract Times will commence to run on submitted to Engineer. the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in 1. The Progress Schedule will be acceptable to the Notice to Proceed. A Notice to Proceed may be given Engineer if it provides an orderly progression of the Work at any time within 30 days after the Effective Date of the to completion within the Contract Times. Such acceptance 00700 - 9 will not impose on Engineer responsibility for the duty or authority to supervise or direct the performance of Progress Schedule, for sequencing, scheduling, or the Work or any duty or authority to undertake respon- progress of the Work nor interfere with or relieve sibility inconsistent with the provisions of the Contract Contractor from Contractor's full responsibility therefor. Documents. 2. Contractor's Schedule of Submittals will be 3.03 Reporting and Resolving Discrepancies acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required A. Reporting Discrepancies • submittals. 1. Contractor's Review of Contract Documents 3. Contractor's Schedule of Values will be Before Starting Work: Before undertaking each part of the acceptable to Engineer as to form and substance if it Work, Contractor shall carefully study and compare the provides a reasonable allocation of the Contract Price to Contract Documents and check and verify pertinent component parts of the Work. figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, Contractor may discover and shall obtain a written AMENDING, REUSE interpretation or clarification from Engineer before proceeding with any Work affected thereby. 3.01 Intent 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance A. The Contract Documents are complementary; of the Work, Contractor discovers any conflict, error, what is required by one is as binding as if required by all. ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of B. It is the intent of the Contract Documents to any Law or Regulation applicable to the performance of describe a functionally complete Project (or part thereof) the Work or of any standard, specification, manual or to be constructed in accordance with the Contract Docu- code, or of any instruction of any Supplier, Contractor ments. Any labor, documentation, services, materials, or shall promptly report it to Engineer in writing. Contractor equipment that may reasonably be inferred from the shall not proceed with the Work affected thereby (except Contract Documents or from prevailing custom or trade in an emergency as required by Paragraph 6.16.A) until usage as being required to produce the intended result will an amendment or supplement to the Contract Documents be provided whether or not specifically called for at no has been issued by one of the methods indicated in additional cost to Owner. Paragraph 3.04. • C. Clarifications and interpretations of the 3. Contractor shall not be liable to Owner or Contract Documents shall be issued by Engineer as Engineer for failure to report any conflict, error, ambigu- provided in Article 9. ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known 3.02 Reference Standards thereof. A. Standards, Specifications, Codes, Laws, and B. Resolving Discrepancies Regulations 1. Except as may be otherwise specifically stated 1. Reference to standards, specifications, in the Contract Documents, the provisions of the Contract manuals, or codes of any technical society, organization, Documents shall take precedence in resolving any or association, or to Laws or Regulations, whether such conflict, error, ambiguity, or discrepancy between the reference be specific or by implication, shall mean the provisions of the Contract Documents and: standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the a. the provisions of any standard, specification, Effective Date of the Agreement if there were no Bids), manual, code, or instruction (whether or not except as may be otherwise specifically stated in the specifically incorporated by reference in the Contract Documents. Contract Documents); or 2. No provision of any such standard, b. the provisions of any Laws or Regulations specification, manual or code, or any instruction of a applicable to the performance of the Work Supplier . shall be effective to change the duties or (unless such an interpretation of the provisions responsibilities of Owner, Contractor, or Engineer, or any of the Contract Documents would result in viola - of their subcontractors, consultants, agents, or employees tion of such Law or Regulation). from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any 00700 - 10 3.04 Amending and Supplementing Contract party receiving electronic files agrees that it will perform Documents acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the A. The Contract Documents may be amended to data thus transferred. Any errors detected within the 60- provide for additions, deletions, and revisions in the Work day acceptance period will be corrected by the or to modify the terms and conditions thereof by either a transferring party.. Change Order or a Work Change Directive. C. When transferring documents in electronic B. The requirements of the Contract Documents media format, the transferring party makes no may be supplemented, and minor variations and representations as to long term compatibility, usability, or deviations in the Work may be authorized, by one or more readability of documents resulting from the use of of the following ways: software application packages, operating systems, or computer hardware differing from those used by the 1. A Field Order; data's creator. 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph ARTICLE 4 - AVAILABILITY OF LANDS; 6.17.D.3); or SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; 3. Engineer's written interpretation or REFERENCE POINTS clarification. 3.05 Reuse of Documents 4.01 Availability of Lands A. Contractor and any Subcontractor or Supplier A. Owner shall furnish the Site. Owner shall or other individual or entity performing or furnishing all notify Contractor of any encumbrances or restrictions not of the Work under a direct or indirect contract with of general application but specifically related to use of the Contractor, shall not: Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or changes in existing facilities. If Contractor and Owner are other documents (or copies of any thereof) prepared by or unable to agree on entitlement to or on the amount or bearing the seal of Engineer or Engineer's consultants, extent, if any, of any adjustment in the Contract Price or including electronic media editions; or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions 10.05. of the Project or any other project without written consent of Owner and Engineer and specific written verification B. Upon reasonable written request, Owner shall or adaption by Engineer. furnish Contractor with a current statement of record legal title and legal description of the lands upon which the B. The prohibition of this Paragraph 3.05 will Work is to be performed and Owner's interest therein as necessary for giving notice of or survive final payment, or termination of the Contract. filing a mechanic's or Nothing herein shall preclude Contractor from retaining construction lien against such lands in accordance with copies of the Contract Documents for record purposes. applicable Laws and Regulations. 3.06 Electronic Data C. Contractor shall provide for all additional lands and access thereto that may be required for A. Copies of data furnished by Owner or temporary construction facilities or storage of materials Engineer to Contractor or Contractor to Owner or and equipment. Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in 4.02 Subsurface and Physical Conditions electronic media format of text, data, graphics, or other types are furnished only for the convenience of the A. Reports and Drawings: The Supplementary receiving party. Any conclusion or information obtained Conditions identify: or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic 1. those reports of explorations and tests of files and the hard copies, the hard copies govern. subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Doc uments; B. Because data stored in electronic media and format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the 2. those drawings of physical conditions in or relating to existing surface or subsurface structures_at_or__ - — 00700 - 11 contiguous to the Site (except Underground Facilities) promptly review the pertinent condition, determine the that Engineer has used in preparing the Contract necessity of Owner's obtaining additional exploration or Documents. tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's fmdings and B. Limited Reliance by Contractor on Technical conclusions. Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports C. Possible Price and Times Adjustments and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified 1. The Contract Price or the Contract Times, or in the Supplementary Conditions. Except for such reliance both, will be equitably adjusted to the extent that the on such "technical data," Contractor may not rely upon or existence of such differing subsurface or physical make any claim against Owner or Engineer, or any of condition causes an increase or decrease in Contractor's their Related Entities with respect to: cost of, or time required for, performance of the Work; subject, however, to the following: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, a. such condition must meet any one or more of any aspects of the means, methods, techniques, the categories described in Paragraph 4.03.A; sequences, and procedures of construction to be employed and by Contractor, and safety precautions and programs incident thereto; or b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price 2. other data, interpretations, opinions, and will be subject to the provisions of Paragraphs information contained in such reports or shown or 9.07 and 11.03. indicated in such drawings; or 2. Contractor shall not be entitled to any 3. any Contractor interpretation of or conclusion adjustment in the Contract Price or Contract Times if: drawn from any "technical data" or any such other data, interpretations, opinions, or information. a. Contractor knew of the existence of such conditions at the time Contractor made a final 4.03 Deering Subsurface or Physical Conditions commitment to Owner with respect to Contract Price and Contract Times by the submission of a A. Notice: If Contractor believes that any subsur- Bid or becoming bound under a negotiated face or physical condition at or contiguous to the Site that contract; or is uncovered or revealed either: b. the existence of such condition could 1. is of such a nature as to establish that any reasonably have been discovered or revealed as a "technical data" on which Contractor is entitled to rely as result of any examination, investigation, explo- provided in Paragraph 4.02 is materially inaccurate; or ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or 2. is of such a nature as to require a change in the Contract Documents to be conducted by or for Contract Documents; or Contractor prior to Contractor's making such final commitment; or 3. differs materially from that shown or indicated in the Contract Documents; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally 3. If Owner and Contractor are unable to agree recognized as inherent in work of the character provided on entitlement to or on the amount or extent, if any, of for in the Contract Documents; any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in then Contractor shall, promptly after becoming aware Paragraph 10.05. However, Owner and Engineer, and any thereof and before further disturbing the subsurface or of their Related Entities shall not be liable to Contractor physical conditions or performing any Work in connec- for any claims, costs, losses, or damages (including but tion therewith (except in an emergency as required by not limited to all fees and charges of engineers, architects, Paragraph 6.16.A), notify Owner and Engineer in writing attorneys, and other professionals and all court or about such condition. Contractor shall not further disturb arbitration or other dispute resolution costs) sustained by such condition or perform any Work in connection Contractor on or in connection with any other project or therewith (except as aforesaid) until receipt of written anticipated proj ect. order to do so. B. Engineer 's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will 00700 -12 4.04 Underground Facilities that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. A. Shown or Indicated: The information and data If Owner and Contractor are unable to agree on shown or indicated in the Contract Documents with entitlement to or on the amount or extent, if any, of any respect to existing Underground Facilities at or such adjustment in Contract Price or Contract Times, contiguous to the Site is based on information and data Owner or Contractor may make a Claim therefor as furnished to Owner or Engineer by the owners of such provided in Paragraph 10.05. Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- 4.05 Reference Points plementary Conditions: A. Owner shall provide engineering surveys to 1. Owner and Engineer shall not be responsible establish reference points for construction which in for the accuracy or completeness of any such information Engineer's judgment are necessary to enable Contractor or data; and to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the 2. the cost of all of the following will be established reference points and property monuments, and included in the Contract Price, and Contractor shall have shall make no changes or relocations without the prior full responsibility for: written approval of Owner. Contractor shall report to Engineer whenever any reference point or property a. reviewing and checking all such information monument is lost or destroyed or requires relocation and data, because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or b. locating all Underground Facilities shown or relocation of such reference points or property indicated in the Contract Documents, monuments by professionally qualified personnel. c. coordination of the Work with the owners of 4.06 Hazardous Environmental Condition at Site such Underground Facilities, including Owner, during construction, and A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of d. the safety and protection of all such Under- those reports and drawings relating to a Hazardous ground Facilities and repairing any damage Environmental Condition identified at the Site, if any, that thereto resulting from the Work. have been utilized by the Engineer in the preparation of the Contract Documents. B. Not Shown or Indicated B. Limited Reliance by Contractor on Technical 1. If an Underground Facility is uncovered or Data Authorized: Contractor may rely upon the general revealed at or contiguous to the Site which was not shown accuracy of the "technical data" contained in such reports or indicated, or not shown or indicated with reasonable and drawings, but such reports and drawings are not accuracy in the Contract Documents, Contractor shall, Contract Documents. Such "technical data" is identified promptly after becoming aware thereof and before further in the Supplementary Conditions. Except for such reliance disturbing conditions affected thereby or performing any on such "technical data," Contractor may not rely upon or Work in connection therewith (except in an emergency as make any claim against Owner or Engineer, or any of required by Paragraph 6.16.A), identify the owner of such their Related Entities with respect to: Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will 1. the completeness of such reports and drawings promptly review the Underground Facility and determine for Contractor's purposes, including, but not limited to, the extent, if any, to which a change is required in the any aspects of the means, methods, techniques, sequences Contract Documents to reflect and document the and procedures of construction to be employed by consequences of the existence or location of the Under- Contractor and safety precautions and programs incident ground Facility. During such time, Contractor shall be thereto; or responsible for the safety and protection of such Underground Facility. 2. other data, interpretations, opinions and information contained in such reports or shown or 2. If Engineer concludes that a change in the indicated in such drawings; or Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and 3. any Contractor interpretation of or conclusion document such consequences. An equitable adjustment drawn from any "technical data" or any such other data, shall be made in the Contract Price or Contract Times, or interpretations, opinions or information. both, to the extent that they are attributable to the existence or location of any Underground Facility that C. Contractor shall not be responsible for any was not shown or indicated or not shown or indicated Hazardous Environmental Condition uncovered or re- with reasonable accuracy in the Contract Documents and vealed at the Site which was not shown or indicated in 00700 - 13 Drawings or Specifications or identified in the Contract Environmental Condition: (i) was not shown or indicated Documents to be within the scope of the Work. in the Drawings or Specifications or identified in the Contractor shall be responsible for a Hazardous Contract Documents to be included within the scope of Environmental Condition created with any materials the Work, and (ii) was not created by Contractor or by brought to the Site by Contractor, Subcontractors, anyone for whom Contractor is responsible. Nothing in Suppliers, or anyone else for whom Contractor is this Paragraph 4.06. G shall obligate Owner to indemnify responsible. any individual or entity from and against the conse- quences of that individual's or entity's own negligence. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for H. To the fullest extent permitted by Laws and whom Contractor is responsible creates a Hazardous Regulations, Contractor shall indemnify and hold Environmental Condition, Contractor shall immediately: harmless Owner and Engineer, and the officers, directors, (i) secure or otherwise isolate such condition; (ii) stop all partners, employees, agents, consultants, and Work in connection with such condition and in any area subcontractors of each and any of them from and against affected thereby (except in an emergency as required by all claims, costs, losses, and damages (including but not Paragraph 6.16.A); and (iii) notify Owner and Engineer limited to all fees and charges of engineers, architects, (and promptly thereafter confirm such notice in writing). attorneys, and other professionals and all court or Owner shall promptly consult with Engineer concerning arbitration or other dispute resolution costs) arising out of the necessity for Owner to retain a qualified expert to or relating to a Hazardous Environmental Condition evaluate such condition or take corrective action, if any. created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall E. Contractor shall not be required to resume obligate Contractor to indemnify any individual or entity Work in connection with such condition or in any affected from and against the consequences of that individual's or area until after Owner has obtained any required permits entity's own negligence. related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is I. The provisions of Paragraphs 4.02, 4.03, and or has been rendered safe for the resumption of Work; or 4.04 do not apply to a Hazardous Environmental (ii) specifying any special conditions under which such Condition uncovered or revealed at the Site. Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or . ARTICLE 5 - BONDS AND INSURANCE Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may 5.01 Performance, Payment, and Other Bonds make a Claim therefor as provided in Paragraph 10.05. A. Contractor shall furnish performance and F. If after receipt of such written notice payment bonds, each in an amount at least equal to the Contractor does not agree to resume such Work based on Contract Price as security for the faithful performance and a reasonable belief it is unsafe, or does not agree to payment of all of Contractor's obligations under the resume such Work under such special conditions, then Contract Documents. These bonds shall remain in effect Owner may order the portion of the Work that is in the until one year after the date when final payment becomes area affected by such condition to be deleted from the due or until completion of the correction period specified Work. If Owner and Contractor cannot agree as to in Paragraph 13.07, whichever is later, except as provided entitlement to or on the amount or extent, if any, of an otherwise by Laws or Regulations or by the Contract adjustment in Contract Price or Contract Times as a result Documents. Contractor shall also furnish such other of deleting such portion of the Work, then either party bonds as are required by the Contract Documents. may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work B. All bonds shall be in the form prescribed by performed by Owner's own forces or others in accordance the Contract Documents except as provided otherwise by with Article 7. Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies G. To the fullest extent permitted by Laws and Holding Certificates of Authority as Acceptable Sureties Regulations, Owner shall indemnify and hold harmless on Federal Bonds and as Acceptable Reinsuring Compa- Contractor, Subcontractors, and Engineer, and the nies" as published in Circular 570 (amended) by the officers, directors, partners, employees, agents, Financial Management Service, Surety Bond Branch, U.S. consultants, and subcontractors of each and any of them Depar ',went of the Treasury. All bonds signed by an agent from and against all claims, costs, losses, and damages must be accompanied by a certified copy of the agent's (including but not limited to all fees and charges of authority to act. engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution C. If the surety on any bond furnished by costs) arising out of or relating to a Hazardous Contractor is declared bankrupt or becomes insolvent or Environmental Condition, provided that such Hazardous its right to do business is terminated in any state where 00700 - 14 any part of the Project is located or it ceases to meet the 4. claims for damages insured by reasonably requirements of Paragraph 5.01.B, Contractor shall available personal injury liability coverage which are sus - promptly notify Owner and Engineer and shall, within 20 tained: days after the event giving rise to such notification, provide another bond and surety, both of which shall a. by any person as a result of an offense directly comply with the requirements of Paragraphs 5.01.B and or indirectly related to the employment of such 5.02. person by Contractor, or 5.02 Licensed Sureties and Insurers b. by any other person for any other reason; A. All bonds and insurance required by the 5. claims for damages, other than to the Work Contract Documents to be purchased and maintained by itself, because of injury to or destruction of tangible Owner or Contractor shall be obtained from surety or property wherever located, including loss of use resulting insurance companies that are duly licensed or authorized therefrom; and in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages 6. claims for damages because of bodily injury or so required. Such surety and insurance companies shall death of any person or property damage arising out of the also meet such additional requirements and qualifications ownership, maintenance or use of any motor vehicle. as may be provided in the Supplementary Conditions. B. The policies of insurance required by this 5.03 Certificates of Insurance Paragraph 5.04 shall: A. Contractor shall deliver to Owner, with copies 1. with respect to insurance required by to each additional insured identified in the Supplementary Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include Conditions, certificates of insurance (and other evidence as additional insured (subject to any customary exclusion of insurance requested by Owner or any other additional regarding professional liability) Owner and Engineer, and insured) which Contractor is required to purchase and any other individuals or entities identified in the Supple - maintain. mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective B. Owner shall deliver to Contractor, with copies officers, directors, partners, employees, agents, to each additional insured identified in the Supplementary consultants and subcontractors of each and any of all such Conditions, certificates of insurance (and other evidence additional insureds, and the insurance afforded to these of insurance requested by Contractor or any other additional insureds shall provide primary coverage for all additional insured) which Owner is required to purchase claims covered thereby; and maintain. 2. include at least the specific coverages and be 5.04 Contractor's Liability Insurance written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or A. Contractor shall purchase and maintain such Regulations, whichever is greater; liability and other insurance as is appropriate for the Work being performed and as will provide protection 3. include completed operations insurance; from claims set forth below which may arise out of or result from Contractor's performance of the Work and 4. include contractual liability insurance Contractor's other obligations under the Contract covering Contractor's indemnity obligations under Documents, whether it is to be performed by Contractor, Paragraphs 6.11 and 6.20; any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the 5. contain a provision or endorsement that the Work, or by anyone for whose acts any of them may be coverage afforded will not be canceled, materially liable: changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor 1. claims under workers' compensation, and to each other additional insured identified in the disability benefits, and other similar employee benefit Supplementary Conditions to whom a certificate of acts; insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to 2. claims for damages because of bodily injury, Paragraph 5.03 will so provide); occupational sickness or disease, or death of Contractor's employees; 6. remain in effect at least until final payment and at all times thereafter when Contractor may be 3. claims for damages because of bodily injury, correcting, removing, or replacing defective Work in sickness or disease, or death of any person other than accordance with Paragraph 13.07; and Contractor's employees; 00700 - 15 7. with respect to completed operations insur- 4. cover materials and equipment stored at the ance, and any insurance coverage written on a claims- Site or at another location that was agreed to in writing by made basis, remain in effect for at least two years after Owner prior to being incorporated in the Work, provided final payment. that such materials and equipment have been included in an Application for Payment recommended by Engineer; a. Contractor shall furnish Owner and each other additional insured identified in the Supple- 5. allow for partial utilization of the Work by mentary Conditions, to whom a certificate of Owner; insurance has been issued, evidence satisfactory to Owner and any such additional insured of 6. include testing and startup; and continuation of such insurance at final payment and one year thereafter. 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, 5.05 Owner's Liability Insurance Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of A. In addition to the insurance required to be insurance has been issued. provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's B. Owner shall purchase and maintain such expense Owner's own liability insurance as will protect boiler and machinery insurance or additional property Owner against claims which may arise from operations insurance as may be required by the Supplementary under the Contract Documents. Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and 5.06 Property Insurance Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, A. Unless otherwise provided in the Supple- directors, partners, employees, agents, consultants and mentary Conditions, Owner shall purchase and maintain subcontractors of each and any of them, each of whom is property insurance upon the Work at the Site in the deemed to have an insurable interest and shall be listed as amount of the full replacement cost thereof (subject to an insured or additional insured. such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and C. All the policies of insurance (and the certifi- Regulations). This insurance shall: cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will 1. include the interests of Owner, Contractor, contain a provision or endorsement that the coverage Subcontractors, and Engineer, and any other individuals afforded will not be canceled or materially changed or or entities identified in the Supplementary Conditions, renewal refused until at least 30 days prior written notice and the officers, directors, partners, employees, agents, has been given to Owner and Contractor and to each other consultants and subcontractors of each and any of them, additional insured to whom a certificate of insurance has each of whom is deemed to have an insurable interest and been issued and will contain waiver provisions in accor- shall be listed as an insured or additional insured; dance with Paragraph 5.07. 2. be written on a Builder's Risk "all- risk" or D. Owner shall not be responsible for purchasing open peril or special causes of loss policy form that shall and maintaining any property insurance specified in this at least include insurance for physical loss or damage to Paragraph 5.06 to protect the interests of Contractor, the Work, temporary buildings, false work, and materials Subcontractors, or others in the Work to the extent of any and equipment in transit, and shall insure against at least deductible amounts that are identified in the Supple - the following perils or causes of loss: fire, lightning, mentary Conditions. The risk of loss within such extended coverage, theft, vandalism and malicious identified deductible amount will be borne by Contractor, mischief, earthquake, collapse, debris removal, Subcontractors, or others suffering any such loss, and if demolition occasioned by enforcement of Laws and any of them wishes property insurance coverage within Regulations, water damage, (other than caused by flood) the limits of such amounts, each may purchase and and such other perils or causes of loss as may be specifi- maintain it at the purchaser's own expense. cally required by the Supplementary Conditions; E. If Contractor requests in writing that other 3. include expenses incurred in the repair or special insurance be included in the property insurance replacement of any insured property (including but not policies provided under Paragraph 5.06, Owner shall, if limited to fees and charges of engineers and architects); 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 Waiver of Rights agents, consultants and subcontractors of each and any of them. A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect 5.08 Receipt and Application of Insurance Proceeds Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- A. Any insured loss under the policies of mentary Conditions to be listed as insureds or additional insurance required by Paragraph 5.06 will be adjusted insureds (and the officers, directors, partners, employees, with Owner and made payable to Owner as fiduciary for agents, consultants and subcontractors of each and any of the insureds, as their interests may appear, subject to the them) in such policies and will provide primary coverage requirements of any applicable mortgage clause and of for all losses and damages caused by the perils or causes Paragraph 5.08.B. Owner shall deposit in a separate of loss covered thereby. All such policies shall contain account any money so received and shall distribute it in provisions to the effect that in the event of payment of accordance with such agreement as the parties in interest any loss or damage the insurers will have no rights of may reach. If no other special agreement is reached, the recovery against any of the insureds or additional insureds damaged Work shall be repaired or replaced, the moneys thereunder. Owner and Contractor waive all rights against so received applied on account thereof, and the Work and each other and their respective officers, directors, the cost thereof covered by an appropriate Change Order . partners, employees, agents, consultants and subcontractors of each and any of them for all losses and B. Owner as fiduciary shall have power to adjust damages caused by, arising out of or resulting from any of and settle any loss with the insurers unless one of the the perils or causes of loss covered by such policies and parties in interest shall object in writing within 15 days any other property insurance applicable to the Work; and, after the occurrence of loss to Owner's exercise of this in addition, waive all such rights against Subcontractors, power. If such objection be made, Owner as fiduciary and Engineer, and all other individuals or entities shall make settlement with the insurers in accordance with identified in the Supplementary Conditions to be listed as such agreement as the parties in interest may reach. If no insured or additional insured (and the officers, directors, such agreement among the parties in interest is reached, partners, employees, agents, consultants and Owner as fiduciary shall adjust and settle the loss with the subcontractors of each and any of them) under such insurers and, if required in writing by any party in policies for losses and damages so caused. None of the interest, Owner as fiduciary shall give bond for the proper above waivers shall extend to the rights that any party performance of such duties. making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable 5.09 Acceptance of Bonds and Insurance; Option to under any policy so issued. Replace B. Owner waives all rights against Contractor, A. If either Owner or Contractor has any Subcontractors, and Engineer, and the officers, directors, objection to the coverage afforded by or other provisions partners, employees, agents, consultants and of the bonds or insurance required to be purchased and subcontractors of each and any of them for: maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract 1. loss due to business interruption, loss of use, Documents, the objecting party shall so notify the other or other consequential loss extending beyond direct party in writing within 10 days after receipt of the physical loss or damage to Owner's property or the Work certificates (or other evidence requested) required by caused by, arising out of, or resulting from fire or other Paragraph 2.01.B. Owner and Contractor shall each perils whether or not insured by Owner; and provide to the other such additional information in respect of insurance provided as the other may reasonably 2. loss or damage to the completed Project or request. If either party does not purchase or maintain all part thereof caused by, arising out of, or resulting from of the bonds and insurance required of such party by the fire or other insured peril or cause of loss covered by any Contract Documents, such party shall notify the other property insurance maintained on the completed Project party in writing of such failure to purchase prior to the or part thereof by Owner during partial utilization start of the Work, or of such failure to maintain prior to pursuant to Paragraph 14.05, after Substantial Completion any change in the required coverage. Without prejudice to pursuant to Paragraph 14.04, or after fmal payment any other right or remedy, the other party may elect to pursuant to Paragraph 14.07. obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was C. Any insurance policy maintained by Owner required to provide such coverage, and a Change Order covering any loss, damage or consequential loss referred shall be issued to adjust the Contract Price accordingly. to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, 5.10 Partial Utilization, Acknowledgment of Property damage, or consequential loss, the insurers will have no Insurer rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial 00700 - 17 • Completion of all the Work as provided in Paragraph responsibility for all services, materials, equipment, labor, 14.05, no such use or occupancy shall commence before transportation, construction equipment and machinery, the insurers providing the property insurance pursuant to tools, appliances, fuel, power, light, heat, telephone, Paragraph 5.06 have acknowledged notice thereof and in water, sanitary facilities, temporary facilities, and all other writing effected any changes in coverage necessitated facilities and incidentals necessary for the performance, thereby. The insurers providing the property insurance testing, start-up, and completion of the Work. shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or B. All materials and equipment incorporated into permitted to lapse on account of any such partial use or the Work shall be as specified or, if not specified, shall be occupancy. of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 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 6.01 Supervision and Superintendence quality of materials and equipment. A. Contractor shall supervise, inspect, and direct C. All materials and equipment shall be stored, the Work competently and efficiently, devoting such applied, installed, connected, erected, protected, used, attention thereto and applying such skills and expertise as cleaned, and conditioned in accordance with instructions may be necessary to perform the Work in accordance with of the applicable Supplier, except as otherwise may be the Contract Documents. Contractor shall be solely provided in the Contract Documents. responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor 6.04 Progress Schedule shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific A. Contractor shall adhere to the Progress means, method, technique, sequence, or procedure of Schedule established in accordance with Paragraph 2.07 construction which is shown or indicated in and expressly as it may be adjusted from time to time as provided required by the Contract Documents. below. B. At all times during the progress of the Work, 1. Contractor shall submit to Engineer for Contractor shall assign a competent resident superin- acceptance (to the extent indicated in Paragraph 2.07) tendent who shall not be replaced without written notice proposed adjustments in the Progress Schedule that will to Owner and Engineer except under extraordinary not result in changing the Contract Times. Such adjust - circumstances. The superintendent will be Contractor's ments will comply with any provisions of the General Re- representative at the Site and shall have authority to act on quirements applicable thereto. behalf of Contractor. All communications given to or received from the superintendent shall be binding on 2. Proposed adjustments in the Progress Contractor. Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 6.02 Labor; Working Hours 12. Adjustments in Contract Times may only be made by a Change Order. A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and 6.05 Substitutes and "Or- Equals" perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- A. Whenever an item of material or equipment is pline and order at the Site. specified or described in the Contract Documents by using the name of a proprietary item or the name of a B. Except as otherwise required for the safety or particular Supplier, the specification or description is protection of persons or the Work or property at the Site intended to establish the type, function, appearance, and or adjacent thereto, and except as otherwise stated in the quality required. Unless the specification or description Contract Documents, all Work at the Site shall be contains or is followed by words reading that no like, performed during regular working hours. Contractor will equivalent, or "or- equal" item or no substitution is not permit the performance of Work on a Saturday, permitted, other items of material or equipment or Sunday, or any legal holiday without Owner's written material or equipment of other Suppliers may be consent (which will not be unreasonably withheld) given submitted to Engineer for review under the circumstances after prior written notice to Engineer. described below. 6.03 Services, Materials, and Equipment 1. "Or- Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by A. Unless otherwise specified in the Contract Contractor is functionally equal to that named and Documents, Contractor shall provide and assume full sufficiently similar so that no change in related Work will 00700 - 18 be required, it may be considered by Engineer as an 1) shall certify that the proposed substi- "or- equal" item, in which case review and approval of the tute item will: proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the a) perform adequately the functions and requirements for approval of proposed substitute items. achieve the results called for by the For the purposes of this Paragraph 6.05.A.1, a proposed general design, item of material or equipment will be considered functionally equal to an item so named if: b) be similar in substance to that specified, and a. in the exercise of reasonable judgment Engineer determines that: c) be suited to the same use as that specified; 1) it is at least equal in materials of construction, quality, durability, appearance, 2) will state: strength, and design characteristics; a) the extent, if any, to which the use of 2) it will reliably perform at least the proposed substitute item will preju- equally well the function and achieve the results dice Contractor' s achievement of imposed by the design concept of the completed Substantial Completion on time; Project as a functioning whole, b) whether or not use of the proposed 3) it has a proven record of perfonnance substitute item in the Work will require and availability of responsive service; and a change in any of the Contract Docu- ments (or in the provisions of any other b. Contractor certifies that, if approved and direct contract with Owner for other incorporated into the Work: work on the Project) to adapt the design to the proposed substitute item; and 1) there will be no increase in cost to the Owner or increase in Contract Times, and c) whether or not incorporation or use of the proposed substitute item in con - 2) it will conform substantially to the nection with the Work is subject to detailed requirements of the item named in the payment of any license fee or royalty; Contract Documents. 3) will identify: 2. Substitute Items a) all variations of the proposed a. If in Engineer's sole discretion an item of substitute item from that specified , and material or equipment proposed by Contractor does not qualify as an "or- equal" item under b) available engineering, sales, Paragraph 6.05.A.1, it will be considered a maintenance, repair, and replacement proposed substitute item. services; b. Contractor shall submit sufficient information 4) and shall contain an itemized esti- as provided below to allow Engineer to mate of all costs or credits that will result determine that the item of material or equipment directly or indirectly from use of such substitute proposed is essentially equivalent to that named item, including costs of redesign and claims of and an acceptable substitute therefor. Requests other contractors affected by any resulting for review of proposed substitute items of change, material or equipment will not be accepted by Engineer from anyone other than Contractor. B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, c. The requirements for review by Engineer will or procedure of construction is expressly required by the be as set forth in Paragraph 6.05.A.2.d, as Contract Documents, Contractor may furnish or utilize a supplemented in the General Requirements and substitute means, method, technique, sequence, or as Engineer may decide is appropriate under the procedure of construction approved by Engineer. circumstances. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that d. Contractor shall make written application to the substitute proposed is equivalent to that expressly Engineer for review of a proposed substitute item called for by the Contract Documents. The requirements of material or equipment that Contractor seeks to for review by Engineer will be similar to those provided furnish or use. The application: in Paragraph 6.05.A.2. 00700 - 19 C. Engineer's Evaluation: Engineer will be Subcontractor, Supplier, or other individual or entity, and allowed a reasonable time within which to evaluate each the Contract Price will be adjusted by the difference in the proposal or submittal made pursuant to Paragraphs 6.05.A cost occasioned by such replacement, and an appropriate and 6.05.B. Engineer may require Contractor to furnish Change Order will be issued . No acceptance by Owner of additional data about the proposed substitute item. any such Subcontractor, Supplier, or other individual or Engineer will be the sole judge of acceptability. No "or entity, whether initially or as a replacement, shall consti- equal" or substitute will be ordered, installed or utilized tute a waiver of any right of Owner or Engineer to reject until Engineer's review is complete, which will be defective Work. evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will C. Contractor shall be fully responsible to Owner advise Contractor in writing of any negative and Engineer for all acts and omissions of the determination. Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as D. Special Guarantee: Owner may require Contractor is responsible for Contractor's own acts and Contractor to furnish at Contractor's expense a special omissions. Nothing in the Contract Documents: performance guarantee or other surety with respect to any substitute. 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any E. Engineer's Cost Reimbursement: Engineer contractual relationship between Owner or Engineer and will record Engineer's costs in evaluating a substitute any such Subcontractor, Supplier or other individual or proposed or submitted by Contractor pursuant to entity, nor Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by 2. shall anything in the Contract Documents Contractor, Contractor shall reimburse Owner for the create any obligation on the part of Owner or charges of Engineer for evaluating each such proposed Engineer to pay or to see to the payment of any moneys substitute. Contractor shall also reimburse Owner for the due any such Subcontractor, Supplier, or other individual charges of Engineer for making changes in the Contract or entity except as may otherwise be required by Laws Documents (or in the provisions of any other direct and Regulations. contract with Owner) resulting from the acceptance of each proposed substitute. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, F. Contractor's Expense: Contractor shall Suppliers, and other individuals or entities performing or provide all data in support of any proposed substitute or furnishing any of the Work under a direct or indirect "or- equal" at Contractor's expense. contract with Contractor. 6.06 Concerning Subcontractors, Suppliers, and E. Contractor shall require all Subcontractors, Others Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate A. Contractor shall not employ any Subcon- with Engineer through Contractor. tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph F. The divisions and sections of the Specifica- 6.06.B), whether initially or as a replacement, against tions and the identifications of any Drawings shall not whom Owner may have reasonable objection. Contractor control Contractor in dividing the Work among Subcon- shall not be required to employ any Subcontractor, tractors or Suppliers or delineating the Work to be Supplier, or other individual or entity to furnish or performed by any specific trade. perform any of the Work against whom Contractor has reasonable objection. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- B. If the Supplementary Conditions require the priate agreement between Contractor and the identity of certain Subcontractors, Suppliers, or other Subcontractor or Supplier which specifically binds the individuals or entities to be submitted to Owner in Subcontractor or Supplier to the applicable terms and advance for acceptance by Owner by a specified date conditions of the Contract Documents for the benefit of prior to the Effective Date of the Agreement, and if Owner and Engineer. Whenever any such agreement is Contractor has submitted a list thereof in accordance with with a Subcontractor or Supplier who is listed as an the Supplementary Conditions, Owner's acceptance additional insured on the property insurance provided in (either in writing or by failing to make written objection Paragraph 5.06, the agreement between the Contractor thereto by the date indicated for acceptance or objection and the Subcontractor or Supplier will contain provisions in the Bidding Documents or the Contract Documents) of whereby the Subcontractor or Supplier waives all rights any such Subcontractor, Supplier, or other individual or against Owner, Contractor, and Engineer„ and all other entity so identified may be revoked on the basis of reason - individuals or entities identified in the Supplementary able objection after due investigation. Contractor shall Conditions to be listed as insureds or additional insureds submit an acceptable replacement for the rejected (and the officers, directors, partners, employees, agents, 00700 - 20 consultants and subcontractors of each and any of them) responsible for monitoring Contractor's compliance with for all losses and damages caused by, arising out of, any Laws or Regulations. relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property B. If Contractor performs any Work knowing or insurance applicable to the Work. If the insurers on any having reason to know that it is contrary to Laws or such policies require separate waiver forms to be signed Regulations, Contractor shall bear all claims, costs, by any Subcontractor or Supplier, Contractor will obtain losses, and damages (including but not limited to all fees the same. and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute 6.07 Patent Fees and Royalties resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary A. Contractor shall pay all license fees and responsibility to make certain that the Specifications and royalties and assume all costs incident to the use in the Drawings are in accordance with Laws and Regulations, performance of the Work or the incorporation in the Work but this shall not relieve Contractor of Contractor's of any invention, design, process, product, or device obligations under Paragraph 3.03. which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, C. Changes in Laws or Regulations not known at or device is specified in the Contract Documents for use the time of opening of Bids (or, on the Effective Date of in the performance of the Work and if to the actual the Agreement if there were no Bids) having an effect on knowledge of Owner or Engineer its use is subject to the cost or time of performance of the Work shall be the patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract license fee or royalty to others, the existence of such Times. If Owner and Contractor are unable to agree on rights shall be disclosed by Owner in the Contract entitlement to or on the amount or extent, if any, of any Documents. such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold 6.10 Taxes harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and A. Contractor shall pay all sales, consumer, use, subcontractors of each and any of them from and against and other similar taxes required to be paid by Contractor all claims, costs, losses, and damages (including but not in accordance with the Laws and Regulations of the place limited to all fees and charges of engineers, architects, of the Project which are applicable during the attorneys, and other professionals and all court or performance of the Work. arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or 6.11 Use of Site and Other Areas copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of A. Limitation on Use of Site and Other Areas any invention, design, process, product, or device not specified in the Contract Documents. 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the 6.08 Permits operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not A. Unless otherwise provided in the Supple- unreasonably encumber the Site and other areas with mentary Conditions, Contractor shall obtain and pay for construction equipment or other materials or equipment. all construction permits and licenses. Owner shall assist Contractor shall assume full responsibility for any Contractor, when necessary, in obtaining such permits damage to any such land or area, or to the owner or and licenses. Contractor shall pay all governmental occupant thereof, or of any adjacent land or areas charges and inspection fees necessary for the prosecution resulting from the performance of the Work. of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of 2. Should any claim be made by any such owner the Agreement. Owner shall pay all charges of utility or occupant because of the performance of the Work, owners for connections for providing permanent service Contractor shall promptly settle with such other party by to the Work. negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 6.09 Laws and Regulations 3. To the fullest extent permitted by Laws and A. Contractor shall give all notices required by Regulations, Contractor shall indemnify and hold and shall comply with all Laws and Regulations applica- harmless Owner and Engineer, and the officers, directors, ble to the performance of the Work. Except where partners, employees, agents, consultants and otherwise expressly required by applicable Laws and subcontractors of each and any of them from and against Regulations, neither Owner nor Engineer shall be all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 00700 - 21 attorneys, and other professionals and all court or roadways, structures, utilities, and Underground Facilities arbitration or other dispute resolution costs) arising out of not designated for removal, relocation, or replacement in or relating to any claim or action, legal or equitable, the course of construction. brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the B. Contractor shall comply with all applicable extent caused by or based upon Contractor's performance Laws and Regulations relating to the safety of persons or of the Work. property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all B. Removal of Debris During Performance of the necessary safeguards for such safety and protection. Work: During the progress of the Work Contractor shall Contractor shall notify owners of adjacent property and of keep the Site and other areas free from accumulations of Underground Facilities and other utility owners when waste materials, rubbish, and other debris. Removal and prosecution of the Work may affect them, and shall disposal of such waste materials, rubbish, and other debris cooperate with them in the protection, removal, shall conform to applicable Laws and Regulations. relocation, and replacement of their property. C. Cleaning: Prior to Substantial Completion of C. All damage, injury, or loss to any property the Work Contractor shall clean the Site and the Work referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, and make it ready for utilization by Owner. At the com- directly or indirectly, in whole or in part, by Contractor, pletion of the Work Contractor shall remove from the Site any Subcontractor, Supplier, or any other individual or all tools, appliances, construction equipment and entity directly or indirectly employed by any of them to machinery, and surplus materials and shall restore to perform any of the Work, or anyone for whose acts any of original condition all property not designated for them may be liable, shall be remedied by Contractor alteration by the Contract Documents. (except damage or loss attributable to the fault of Draw- ings or Specifications or to the acts or omissions of D. Loading Structures: Contractor shall not load Owner or Engineer or , or anyone employed by any of nor permit any part of any structure to be loaded in any them, or anyone for whose acts any of them may be manner that will endanger the structure, nor shall liable, and not attributable, directly or indirectly, in whole Contractor subject any part of the Work or adjacent or in part, to the fault or negligence of Contractor or any property to stresses or pressures that will endanger it. Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). 6.12 Record Documents D. Contractor's duties and responsibilities for A. Contractor shall maintain in a safe place at the safety and for protection of the Work shall continue until Site one record copy of all Drawings, Specifications, such time as all the Work is completed and Engineer has Addenda, Change Orders, Work Change Directives, Field issued a notice to Owner and Contractor in accordance Orders; and written interpretations and clarifications in with Paragraph 14.07.B that the Work is acceptable good order and annotated to show changes made during (except as otherwise expressly provided in connection construction. These record documents together with all with Substantial Completion). approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. 6.14 Safety Representative Upon completion of the Work, these record documents, • Samples, and Shop Drawings will be delivered to Engi- A. Contractor shall designate a qualified and neer for Owner. experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents 6.13 Safety and Protection and the maintaining and supervising of safety precautions and programs. A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- 6.15 Hazard Communication Programs tions and programs in connection with the Work. Contractor shall take all necessary precautions for the A. Contractor shall be responsible for coordi- safety of, and shall provide the necessary protection to nating any exchange of material safety data sheets or prevent damage, injury or loss to: other hazard communication information required to be made available to or exchanged between or among 1. all persons on the Site or who may be affected employers at the Site in accordance with Laws or by the Work; Regulations. 2. all the Work and materials and equipment to 6.16 Emergencies be incorporated therein, whether in storage on or off the Site; and A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or 3. other property at the Site or adjacent thereto, adjacent thereto, Contractor is obligated to act to prevent including trees, shrubs, lawns, walks, pavements, threatened damage, injury, or loss. Contractor shall give 00700 - 22 Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the b. the suitability of all materials with respect to Contract Documents have been caused thereby or are intended use, fabrication, shipping, handling, required as a result thereof. If Engineer determines that a storage, assembly, and installation pertaining to change in the Contract Documents is required because of the performance of the Work; the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order c. all information relative to Contractor's will be issued. responsibilities for means, methods, techniques, sequences, and procedures of construction, and 6.17 Shop Drawings and Samples safety precautions and programs incident thereto; and A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- d. shall also have reviewed and coordinated each dance with the acceptable Schedule of Submittals (as Shop Drawing or Sample with other Shop required by Paragraph 2.07). Each submittal will be Drawings and Samples and with the identified as Engineer may require. requirements of the Work and the Contract Documents. 1. Shop Drawings 2. Each submittal shall bear a stamp or specific a. Submit number of copies specified in the written certification that Contractor has satisfied General Requirements. Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that b. Data shown on the Shop Drawings will be submittal. complete with respect to quantities, dimensions, specified performance and design criteria, 3. With each submittal, Contractor shall give materials, and similar data to show Engineer the Engineer specific written notice of any variations, that the services, materials, and equipment Contractor Shop Drawing or Sample may have from the requirements proposes to provide and to enable Engineer to of the Contract Documents. This notice shall be both a review the information for the limited purposes written communication separate from the Shop Drawing's required by Paragraph 6.17.D. or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit - 2. Samples: Contractor shall also submit ted to Engineer for review and approval of each such Samples to Engineer for review and approval in accor- variation. dance with the acceptable schedule of Shop Drawings and Sample submittals. D. Engineer's Review a. Submit number of Samples specified in the 1. Engineer will provide timely review of Shop Specifications. Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review b. Clearly identify each Sample as to material, and approval will be only to determine if the items Supplier, pertinent data such as catalog numbers, covered by the submittals will, after installation or the use for which intended and other data as incorporation in the Work, conform to the information Engineer may require to enable Engineer to given in the Contract Documents and be compatible with review the submittal for the limited purposes the design concept of the completed Project as a required by Paragraph 6.17.D. functioning whole as indicated by the Contract Docu- ments. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals 2. Engineer's review and approval will not , any related Work performed prior to Engineer's review extend to means, methods, techniques, sequences, or and approval of the pertinent submittal will be at the sole procedures of construction (except where a particular expense and responsibility of Contractor. means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the C. Submittal Procedures Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate 1. Before submitting each Shop Drawing or item as such will not indicate approval of the assembly in Sample, Contractor shall have determined and verified: which the item functions. a. all field measurements, quantities, dimensions, 3. Engineer's review and approval shall not specified performance and design criteria, relieve Contractor from responsibility for any variation installation requirements, materials, catalog from the requirements of the Contract Documents unless numbers, and similar information with respect Contractor has complied with the requirements of thereto; Paragraph 6.17.C.3 and Engineer has given written 00700 - 23 approval of each such variation by specific written 4. use or occupancy of the Work or any part notation thereof incorporated in or accompanying the thereof by Owner; Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for 5. any review and approval of a Shop Drawing or complying with the requirements of Paragraph 6.17.C.1. Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; E. Resubmittal Procedures 6. any inspection, test, or approval by others; or 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- 7. any correction of defective Work by Owner. rected copies of Shop Drawings and submit, as required, new Sainples for review and approval.. Contractor shall 6.20 Indemnification direct specific attention in writing to revisions other than the corrections called for by Engineer on previous A. To the fullest extent permitted by Laws and submittals. Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 6.18 Continuing the Work partners, employees, agents, consultants and subcontractors of each and any of them from and against A. Contractor shall carry on the Work and adhere all claims, costs, losses, and damages (including but not to the Progress Schedule during all disputes or limited to all fees and charges of engineers, architects, disagreements with Owner. No Work shall be delayed or attorneys, and other professionals and all court or postponed pending resolution of any disputes or arbitration or other dispute resolution costs) arising out of disagreements, except as permitted by Paragraph 15.04 or or relating to the performance of the Work, provided that as Owner and Contractor may otherwise agree in writing. any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or 6.19 Contractor's General Warranty and Guarantee destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but A. Contractor warrants and guarantees to Owner only to the extent caused by any negligent act or omission that all Work will be in accordance with the Contract of Contractor, any Subcontractor, any Supplier, or any Documents and will not be defective. Engineer and its individual or entity directly or indirectly employed by any Related Entities shall be entitled to rely on representation of them to perform any of the Work or anyone for whose of Contractor's warranty and guarantee. acts any of them may be liable . B. Contractor's warranty and guarantee B. In any and all claims against Owner or hereunder excludes defects or damage caused by: Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- 1. abuse, modification, or improper maintenance ee (or the survivor or personal representative of such or operation by persons other than Contractor, Sub- employee) of Contractor, any Subcontractor, any contractors, Suppliers, or any other individual or entity for Supplier, or any individual or entity directly or indirectly whom Contractor is responsible; or employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the 2. normal wear and tear under normal usage. indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount C. Contractor's obligation to perform and or type of damages, compensation, or benefits payable by complete the Work in accordance with the Contract or for Contractor or any such Subcontractor, Supplier, or Documents shall be absolute. None of the following will other individual or entity under workers' compensation constitute an acceptance of Work that is not in accordance acts, disability benefit acts, or other employee benefit with the Contract Documents or a release of Contractor's acts. obligation to perform the Work in accordance with the Contract Documents: C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of 1. observations by Engineer; Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising 2. recommendation by Engineer or payment by out of: Owner of any progress or final payment; 1. the preparation or approval of, or the failure to 3. the issuance of a certificate of Substantial prepare or approve, maps, Drawings, opinions, reports, Completion by Engineer or any payment related thereto surveys, Change Orders, designs, or Specifications; or by Owner; 00700 - 24 2. giving directions or instructions, or failing to utility owners. If such other work is not noted in the Con - give them, if that is the primary cause of the injury or tract Documents, then: damage. 1. written notice thereof will be given to 6.21 Delegation of Professional Design Services Contractor prior to starting any such other work; and A. Contractor will not be required to provide 2. if Owner and Contractor are unable to agree professional design services unless such services are on entitlement to or on the amount or extent, if any, of specifically required by the Contract Documents for a any adjustment in the Contract Price or Contract Times portion of the Work or unless such services are required that should be allowed as a result of such other work, a to carry out Contractor's responsibilities for construction Claim may be made therefor as provided in Paragraph means, methods techniques, sequences and - procedures. 10.05. Contractor shall not be required to provide professional services in violation of applicable law. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and shall appear on all drawings, calculations, specifications, properly integrate with such other work. Contractor shall certifications, Shop Drawings and other submittals not endanger any work of others by cutting, excavating, prepared by such professional. Shop Drawings and other or otherwise altering their work and will only cut or alter submittals related to the Work designed or certified by their work with the written consent of Engineer and the such professional, if prepared by others, shall bear such others whose work will be affected. The duties and professional's written approval when submitted to responsibilities of Contractor under this Paragraph are for Engineer. the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the C. Owner and Engineer shall be entitled to rely benefit of Contractor in said direct contracts between upon the adequacy, accuracy and completeness of the Owner and such utility owners and other contractors. services, certifications or approvals performed by such design professionals, provided Owner and Engineer have C. If the proper execution or results of any part specified to Contractor all performance and design criteria of Contractor's Work depends upon work performed by that such services must satisfy. others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any D. Pursuant to this Paragraph 6.21, Engineer's delays, defects, or deficiencies in such other work that review and approval of design calculations and design render it unavailable or unsuitable for the proper drawings will be only for the limited purpose of checking execution and results of Contractor's Work. Contractor's for conformance with performance and design criteria failure to so report will constitute an acceptance of such given and the design concept expressed in the Contract other work as fit and proper for integration with Documents. Engineer's review and approval of Shop Contractor's Work except for latent defects and Drawings and other submittals (except design calculations deficiencies in such other work. and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. 7.02 Coordination E. Contractor shall not be responsible for the A. If Owner intends to contract with others for adequacy of the performance or design criteria required the performance of other work on the Project at the Site, by the Contract Documents. the following will be set forth in Supplementary Condi- tions: ARTICLE 7 - OTHER WORK AT THE SITE 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 7.01 Related Work at Site 2. the specific matters to be covered by such A. Owner may perform other work related to the authority and responsibility will be itemized; and Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by 00700 - 25 3. the extent of such authority and responsibili- Site that have been utilized by Engineer in preparing the ties will be provided. Contract Documents. B. Unless otherwise provided in the 8.06 Insurance Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- 7.03 Legal Relationships ance are set forth in Article 5. A. Paragraphs 7.01.A and 7.02 are not applicable 8.07 Change Orders for utilities not under the control of Owner. A. - Owner is obligated - to execute Change Orders B. Each other direct contract of Owner under as indicated in Paragraph 10.03. Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct 8.08 Inspections, Tests, and Approvals delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph C. Contractor shall be liable to Owner and any 13.03.B. other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a 8.09 Limitations on Owner's Responsibilities result of Contractor's action or inactions. A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, ARTICLE 8 - OWNER'S RESPONSIBILITIES Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor 8.01 Communications to Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible A. Except as otherwise provided in these General for Contractor's failure to perform the Work in Conditions, Owner shall issue all communications to accordance with the Contract Documents. Contractor through Engineer. 8.10 Undisclosed Hazardous Environmental 8.02 Replacement of Engineer Condition A. In case of termination of the employment of A. Owner's responsibility in respect to an undis- Engineer, Owner shall appoint an engineer to whom closed Hazardous Environmental Condition is set forth in Contractor makes no reasonable objection, whose status Paragraph 4.06. under the Contract Documents shall be that of the former Engineer. 8.11 Evidence of Financial Arrangements 8.03 Furnish Data A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial A. Owner shall promptly furnish the data arrangements have been made to satisfy Owner's required of Owner under the Contract Documents. obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the 8.04 Pay When Due Supplementary Conditions. A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and ARTICLE 9 - ENGINEER'S STATUS DURING 14.07.C. CONSTRUCTION 8.05 Lands and Easements; Reports and Tests 9.01 Owner 's Representative A. Owner's duties in respect of providing lands and easements and providing engineering surveys to A. Engineer will be Owner's representative establish reference points are set forth in Paragraphs 4.01 during the construction period. The duties and responsi- and 4.05. Paragraph 4.02 refers to Owner's identifying bilities and the limitations of authority of Engineer as and making available to Contractor copies of reports of Owner's representative during construction are set forth explorations and tests of subsurface conditions and in the Contract Documents and will not be changed drawings of physical conditions in or relating to existing without written consent of Owner and Engineer. surface or subsurface structures at or contiguous to the 00700 - 26 9.02 Visits to Site both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment A. Engineer will make visits to the Site at inter- , a Claim may be made therefor as provided in Paragraph vals appropriate to the various stages of construction as 10.05. Engineer deems necessary in order to observe as an experienced and qualified design professional the 9.05 Rejecting Defective Work progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on A. Engineer will have authority to reject Work information obtained during such visits and observations, which Engineer believes to be defective, or that Engineer Engineer, for the benefit of Owner, will determine, in believes will not produce a completed Project that general, if the Work is proceeding in accordance with the conforms to the Contract Documents or that will prejudice Contract— Documents. - Engineer —will— not —be required - - to the integrity of the concept of - the completed make exhaustive or continuous inspections on the Site to Project as a functioning whole as indicated by the check the quality or quantity of the Work. Engineer's Contract Documents. Engineer will also have authority to efforts will be directed toward providing for Owner a require special inspection or testing of the Work as greater degree of confidence that the completed Work will provided in Paragraph 13.04, whether or not the Work is conform generally to the Contract Documents. On the fabricated, installed, or completed. basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will 9.06 Shop Drawings, Change Orders and Payments endeavor to guard Owner against defective Work. A. In connection with Engineer's authority, and B. Engineer's visits and observations are subject limitations thereof, as to Shop Drawings and Samples, see to all the limitations on Engineer's authority and Paragraph 6.17. responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's B. In connection with Engineer's authority, and visits or observations of Contractor's Work Engineer will limitations thereof, as to design calculations and design not supervise, direct, control, or have authority over or be drawings submitted in response to a delegation of responsible for Contractor's means, methods, techniques, professional design services, if any, see Paragraph 6.21. sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any C. In connection with Engineer's authority as to failure of Contractor to comply with Laws and Change Orders, see Articles 10, 11, and 12. Regulations applicable to the performance of the Work. D. In connection with Engineer's authority as to 9.03 Project Representative Applications for Payment, see Article 14. A. If Owner and Engineer agree, Engineer will 9.07 Determinations for Unit Price Work furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the A. Engineer will determine the actual quantities Work. The authority and responsibilities of any such and classifications of Unit Price Work performed by Resident Project Representative and assistants will be as Contractor. Engineer will review with Contractor the provided in the Supplementary Conditions, and Engineer's preliminary determinations on such matters limitations on the responsibilities thereof will be as before rendering a written decision thereon (by provided in Paragraph 9.09. If Owner designates another recommendation of an Application for Payment or representative or agent to represent Owner at the Site who otherwise). Engineer's written decision thereon will be is not Engineer's consultant, agent or employee, the final and binding (except as modified by Engineer to responsibilities and authority and limitations thereon of reflect changed factual conditions or more accurate data) such other individual or entity will be as provided in the upon Owner and Contractor, subject to the provisions of Supplementary Conditions. Paragraph 10.05. 9.04 Authorized Variations in Work 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract A. Engineer will be the initial interpreter of the Documents which do not involve an adjustment in the requirements of the Contract Documents and judge of the Contract Price or the Contract Times and are compatible acceptability of the Work thereunder. All matters in with the design concept of the completed Project as a question and other matters between Owner and Contractor functioning whole as indicated by the Contract Docu- arising prior to the date final payment is due relating to ments. These may be accomplished by a Field Order and the acceptability of the Work, and the interpretation of the will be binding on Owner and also on Contractor, who requirements of the Contract Documents pertaining to the shall perform the Work involved promptly. If Owner or performance of the Work, will be referred initially to Contractor believes that a Field Order justifies an Engineer in writing within 30 days of the event giving rise adjustment in the Contract Price or Contract Times, or to the question 00700 - 27 E. The limitations upon authority and responsi- B. Engineer will, with reasonable promptness, bility set forth in this Paragraph 9.09 shall also apply to, render a written decision on the issue referred. If Owner the Resident Project Representative, if any, and assistants, or Contractor believe that any such decision entitles them if any. 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 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and - A. Without the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall partiality to Owner or Contractor and will not be liable in promptly proceed with the Work involved which will be connection with any interpretation or decision rendered in performed under the applicable conditions of the Contract good faith in such capacity. Documents (except as otherwise specifically provided). 9.09 Limitations on Engineer 's Authority and B. If Owner and Contractor are unable to agree Responsibilities on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or A. Neither Engineer's authority or responsibility both, that should be allowed as a result of a Work Change under this Article 9 or under any other provision of the Directive, a Claim may be made therefor as provided in Contract Documents nor any decision made by Engineer Paragraph 10.05. in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or 10.02 Unauthorized Changes in the Work performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in. A.Contractor shall not be entitled to an increase contract, tort, or otherwise owed by Engineer to in the Contract Price or an extension of the Contract Contractor, any Subcontractor, any Supplier, any other Tunes with respect to any work performed that is not individual or entity, or to any surety for or employee or required by the Contract Documents as amended, agent of any of them. modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in B. Engineer will not supervise, direct, control, or Paragraph 6.16 or in the case of uncovering Work as have authority over or be responsible for Contractor's provided in Paragraph 13.04.B. means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs 10.03 Execution of Change Orders incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the A. Owner and Contractor shall execute appropri- performance of the Work. Engineer will not be respon- ate Change Orders recommended by Engineer covering: sible for Contractor's failure to perform the Work in accordance with the Contract Documents. 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required C. Engineer will not be responsible for the acts because of acceptance of defective Work under Paragraph or omissions of Contractor or of any Subcontractor, any 13.08.A or Owner's correction of defective Work under Supplier, or of any other individual or entity performing Paragraph 13.09, or (iii) agreed to by the parties; any of the Work. 2. changes in the Contract Price or Contract D. Engineer's review of the final Application for Times which are agreed to by the parties, including any Payment and accompanying documentation and all undisputed sum or amount of time for Work actually maintenance and operating instructions, schedules, performed in accordance with a Work Change Directive; guarantees, bonds, certificates of inspection, tests and and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine 3. changes in the Contract Price or Contract generally that their content complies with the require- Times which embody the substance of any written ments of, and in the case of certificates of inspections, decision rendered by Engineer pursuant to Paragraph tests, and approvals that the results certified indicate 10.05; provided that, in lieu of executing any such compliance with the Contract Documents. 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, Contractor shall carry on the purposes of further resolution of the Claim, such notice Work and adhere to the Progress Schedule as provided in shall be deemed a denial. Paragraph 6.18.A. D. In the event that Engineer does not take action 10.04 Notification to Surety on a Claim within said 30 days, the Claim shall be deemed denied. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract E. Engineer's written action under Paragraph Documents (including, but not limited to, Contract Price 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or or Contract Times) is required by the provisions of any 10.05.D will be final and binding upon Owner and bond to be given to a surety, the giving of any such notice Contractor, unless Owner or Contractor invoke the will -be- Contractor' s -- responsibility. The amount of - each - dispute resolution procedure set forth in Article within applicable bond will be adjusted to reflect the effect of 30 days of such action or denial. any such change. F. No Claim for an adjustment in Contract Price 10.05 Claims or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. 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 ARTICLE 11 - COST OF THE WORK; Engineer shall be required as a condition precedent to any ALLOWANCES; UNIT PRICE WORK 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. 11.01 Cost of the Work B. Notice: Written notice stating the general A. Costs Included: The term Cost of the Work nature of each Claim, shall be delivered by the claimant to means the sum of all costs, except those excluded in Engineer and the other party to the Contract promptly (but Paragraph 11.01.B, necessarily incurred and paid by in no event later than 30 days) after the start of the event Contractor in the proper performance of the Work. When giving rise thereto. The responsibility to substantiate a the value of any Work covered by a Change Order or Claim shall rest with the party making the Claim. Notice when a Claim for an adjustment in Contract Price is of the amount or extent of the Claim, with supporting data determined on the basis of Cost of the Work, the costs to shall be delivered to the Engineer and the other party to be reimbursed to Contractor will be only those additional the Contract within 60 days after the start of such event or incremental costs required because of the change in the (unless Engineer allows additional time for claimant to Work or because of the event giving rise to the Claim. submit additional or more accurate data in support of such Except as otherwise may be agreed to in writing by Claim). A Claim for an adjustment in Contract Price shall Owner, such costs shall be in amounts no higher than be prepared in accordance with the provisions of those prevailing in the locality of the Project, shall include Paragraph 12.01.B. A Claim for an adjustment in Contract only the following items, and shall not include any of the Time shall be prepared in accordance with the provisions costs itemized in Paragraph 11.01.B. of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment 1. Payroll costs for employees in the direct claimed is the entire adjustment to which the claimant employ of Contractor in the performance of the Work believes it is entitled as a result of said event. The under schedules of job classifications agreed upon by opposing party shall submit any response to Engineer and Owner and Contractor. Such employees shall include, the claimant within 30 days after receipt of the claimant's without limitation, superintendents, foremen, and other last submittal (unless Engineer allows additional time). personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be C. Engineer's Action: Engineer will review each apportioned on the basis of their time spent on the Work. Claim and, within 30 days after receipt of the last Payroll costs shall include, but not be limited to, salaries submittal of the claimant or the last submittal of the and wages plus the cost of fringe benefits, which shall opposing party, if any, take one of the following actions include social security contributions, unemployment, in writing: excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and 1. deny the Claim in whole or in part, holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on 2. approve the Claim, or Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it 2. Cost of all materials and equipment furnished would be inappropriate for the Engineer to do so. For and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field 00700 - 29 services required in connection therewith. All cash for whose acts any of them may be liable, and discounts shall accrue to Contractor unless Owner royalty payments and fees for permits and deposits funds with Contractor with which to make pay- licenses. ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and f. Losses and damages (and related expenses) returns from sale of surplus materials and equipment shall caused by damage to the Work, not compensated accrue to Owner, and Contractor shall make provisions so by insurance or otherwise, sustained by that they may be obtained. Contractor in connection with the performance of the Work (except losses and damages within 3. Payments made by Contractor to the deductible amounts of property insurance Subcontractors for Work performed by Subcontractors. If established in accordance with Paragraph required by Owner, Contractor shall obtain competitive 5.06.D), provided such losses and damages have bids from subcontractors acceptable to Owner and resulted from causes other than the negligence of Contractor and shall deliver such bids to Owner, who will Contractor, any Subcontractor, or anyone then determine, with the advice of Engineer, which bids, directly or indirectly employed by any of them or if any, will be acceptable. If any subcontract provides that for whose acts any of them may be liable. Such the Subcontractor is to be paid on the basis of Cost of the losses shall include settlements made with the Work plus a fee, the Subcontractor's Cost of the Work written consent and approval of Owner. No such and fee shall be determined in the same manner as losses, damages, and expenses shall be included Contractor's Cost of the Work and fee as provided in this in the Cost of the Work for the purpose of Paragraph 11.01. determining Contractor's fee. 4. Costs of special consultants (including but not g. The cost of utilities, fuel, and sanitary limited to Engineers, architects, testing laboratories, facilities at the Site. surveyors, attorneys, and accountants) employed for services specifically related to the Work. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the 5. Supplemental costs including the following: Site, expresses, and similar petty cash items in connection with the Work. a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's i. The costs of premiums for all bonds and employees incurred in discharge of duties insurance Contractor is required by the Contract connected with the Work. Documents to purchase and maintain. b. Cost, including transportation and mainte- B. Costs Excluded: The term Cost of the Work nance, of all materials, supplies, equipment, shall not include any of the following items: machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by 1. Payroll costs and other compensation of the workers, which are consumed in the perfor- Contractor's officers, executives, principals (of mance of the Work, and cost, less market value, partnerships and sole proprietorships), general managers, of such items used but not consumed which safety managers, engineers, architects, estimators, attor- remain the property of Contractor. neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other c. Rentals of all construction equipment and personnel employed by Contractor, whether at the Site or machinery, and the parts thereof whether rented in Contractor's principal or branch office for general from Contractor or others in accordance with administration of the Work and not specifically included rental agreements approved by Owner with the in the agreed upon schedule of job classifications referred advice of Engineer, and the costs of to in Paragraph 11.01.A.1 or specifically covered by transportation, loading, unloading, assembly, Paragraph 11.01.A.4, all of which are to be considered dismantling, and removal thereof. All such costs administrative costs covered by the Contractor's fee. shall be in accordance with the terms of said rental agreements. The rental of any such equip- 2. Expenses of Contractor's principal and branch ment, machinery, or parts shall cease when the offices other than Contractor's office at the Site. use thereof is no longer necessary for the Work. 3. Any part of Contractor's capital expenses, d. Sales, consumer, use, and other similar taxes including interest on Contractor's capital employed for related to the Work, and for which Contractor is the Work and charges against Contractor for delinquent liable, imposed by Laws and Regulations. payments. e. Deposits lost for causes other than negligence 4. Costs due to the negligence of Contractor, any of Contractor, any Subcontractor, or anyone Subcontractor, or anyone directly or indirectly employed directly or indirectly employed by any of them or by any of them or for whose acts any of them may be 00700 - 30 liable, including but not limited to, the correction of defective Work, disposal of materials or equipment 11.03 Unit Price Work wrongly supplied, and making good any damage to property. A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially 5. Other overhead or general expense costs of the Contract Price will be deemed to include for all Unit any kind and the costs of any item not specifically and Price Work an amount equal to the sum of the unit price expressly included in Paragraphs 11.01.A and 11.01.B. for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in C. Contractor's Pee: When all the Work is the Agreement. performed on the basis of cost -plus, Contractor's fee shall be Agreement. When the - B. The estimated quantities of items of Unit value of any Work covered by a Change Order or when a Price Work are not guaranteed and are solely for the Claim for an adjustment in Contract Price is determined purpose of comparison of Bids and determining an initial on the basis of Cost of the Work, Contractor's fee shall be Contract Price. Determinations of the actual quantities determined as set forth in Paragraph 12.01.C. and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the D. Documentation.. Whenever the Cost of the provisions of Paragraph 9.07. Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish C. Each unit price will be deemed to include an and maintain records thereof in accordance with generally amount considered by Contractor to be adequate to cover accepted accounting practices and submit in a fonn Contractor's overhead and profit for each separately acceptable to Engineer an itemized cost breakdown identified item. together with supporting data. D. Owner or Contractor may make a Claim for 11.02 Allowances an adjustment in the Contract Price in accordance with Paragraph 10.05 if: A. It is understood that Contractor has included in the Contract Price all allowances so named in the 1. the quantity of any item of Unit Price Work Contract Documents and shall cause the Work so covered performed by Contractor differs materially and signifi- to be performed for such sums and by such persons or cantly from the estimated quantity of such item indicated entities as may be acceptable to Owner and Engineer. in the Agreement; and B. Cash Allowances 2. there is no corresponding adjustment with respect any other item of Work; and 1. Contractor agrees that: 3. Contractor believes that Contractor is entitled a. the cash allowances include the cost to to an increase in Contract Price as a result of having Contractor (less any applicable trade discounts) incurred additional expense or Owner believes that Owner of materials and equipment required by the is entitled to a decrease in Contract Price and the parties allowances to be delivered at the Site, and all are unable to agree as to the amount of any such increase applicable taxes; and or decrease. b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, ARTICLE 12 - CHANGE OF CONTRACT PRICE; and other expenses contemplated for the cash CHANGE OF CONTRACT TIMES allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the 12.01 Change of Contract Price foregoing will be valid. A. The Contract Price may only be changed by a C. Contingency Allowance Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted 1. Contractor agrees that a contingency by the party making the Claim to the Engineer and the allowance, if any, is for the sole use of Owner to cover other party to the Contract in accordance with the unanticipated costs. provisions of Paragraph 10.05. D. Prior to final payment, an appropriate Change B. The value of any Work covered by a Change Order will be issued as recommended by Engineer to Order or of any Claim for an adjustment in the Contract reflect actual amounts due Contractor on account of Work Price will be determined as follows: covered by allowances, and the Contract Price shall be correspondingly adjusted. 00700 - 31 1. where the Work involved is covered by unit of the net change in accordance with Paragraphs prices contained in the Contract Documents, by applica- 12.01.C.2.a through 12.01.C.2.e, inclusive. tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); 12.02 Change of Contract Times or A. The Contract Times may only be changed by 2. where the Work involved is not covered by a Change Order. Any Claim for an adjustment in the unit prices contained in the Contract Documents, by a Contract Times shall be based on written notice submitted mutually agreed lump sum (which may include an by the party making the Claim. to the Engineer and the allowance for overhead and profit not necessarily in other party to the Contract in accordance with the accordance with Paragraph 12.01.C.2); or provisions of Paragraph 10.05. 3. where the Work involved is not covered by B. Any adjustment of the Contract Times unit prices contained in the Contract Documents and covered by a Change Order or any Claim for an agreement to a lump sum is not reached under Paragraph adjustment in the Contract Times will be determined in 12.01.B.2, on the basis of the Cost of the Work accordance with the provisions of this Article 12. (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as 12.03 Delays provided hi Paragraph 12.01.C). A. Where Contractor is prevented from C. Contractor's Fee: The Contractor's fee for completing any part of the Work within the Contract overhead and profit shall be determined as follows: Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to 1. a mutually acceptable fixed fee; or the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the 2. if a fixed fee is not agreed upon, then a fee control of Contractor shall include, but not be limited to, based on the following percentages of the various portions acts or neglect by Owner, acts or neglect of utility owners of the Cost of the Work: or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal a. for costs incurred under Paragraphs 11.01.A.1 weather conditions, or acts of God. and 11.01.A.2, the Contractor's fee shall be 15 percent; B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as b. for costs incurred under Paragraph 11.01.A.3, contemplated by Article 7, or anyone for whom Owner is the Contractor's fee shall be five percent; responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor c. where one or more tiers of subcontracts are on shall be entitled to an equitable adjustment in the Contract the basis of Cost of the Work plus a fee and no Price or the Contract Times , or both. Contractor's fixed fee is agreed upon, the intent of Paragraph entitlement to an adjustment of the Contract Times is 12.01.C.2.a is that the Subcontractor who conditioned on such adjustment being essential to actually performs the Work, at whatever tier, will Contractor's ability to complete the Work within the be paid a fee of 15 percent of the costs incurred Contract Times. by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier C If Contractor is delayed in the performance or Subcontractor and Contractor will each be paid a progress of the Work by fire, flood, epidemic, abnormal fee of five percent of the amount paid to the next weather conditions, acts of God, acts or failures to act of lower tier Subcontractor; utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and d. no fee shall be payable on the basis of costs Contractor, then Contractor shall be entitled to an itemized under Paragraphs 11.01.A.4, 11.01.A.5, equitable adjustment in Contract Times, if such and 11.01.B; adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment e. the amount of credit to be allowed by shall be Contractor's sole and exclusive remedy for the Contractor to Owner for any change which delays described in this Paragraph 12.03.C. results in a net decrease in cost will be the amount of the actual net decrease in cost plus a D. Owner, Engineer and the Related Entities of deduction in Contractor's fee by an amount equal each of them shall not be liable to Contractor for any to five percent of such net decrease; and claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, f. when both additions and credits are involved attorneys, and other professionals and all court or in any one change, the adjustment in arbitration or other dispute resolution costs) sustained by Contractor's fee shall be computed on the basis 00700 - 32 Contractor on or in connection with any other project or costs in connection therewith, and furnish Engineer the anticipated project. required certificates of inspection or approval. E. Contractor shall not be entitled to an D. Contractor shall be responsible for arranging adjustment in Contract Price or Contract Times for delays and obtaining and shall pay all costs in connection with within the control of Contractor. Delays attributable to any inspections, tests, or approvals required for Owner's and within the control of a Subcontractor or Supplier shall and Engineer's acceptance of materials or equipment to be deemed to be delays within the control of Contractor. 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 ARTICLE 13 - TESTS AND INSPECTIONS; Work. Such inspections, tests, or approvals shall be CORRECTION, - REMOVAL OR ACCEPTANCE OF performed by organizations acceptable to Owner and DEFECTIVE WORK Engineer. E. If any Work (or the work of others) that is to 13.01 Notice of Defects be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if A. Prompt notice of all defective Work of which requested by Engineer, be uncovered for observation. Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, F. Uncovering Work as provided in Paragraph corrected, or accepted as provided in this Article 13. 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of 13.02 Access to Work Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such A. Owner, Engineer, their consultants and other notice. representatives and personnel of Owner, independent testing laboratories, and governmental agencies with 13.04 Uncovering Work jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, A. If any Work is covered contrary to the written inspecting, and testing. Contractor shall provide them request of Engineer, it must, if requested by Engineer, be proper and safe conditions for such access and advise uncovered for Engineer's observation and replaced at them of Contractor's Site safety procedures and programs Contractor's expense. so that they may comply therewith as applicable. B. If Engineer considers it necessary or advisable 13.03 Tests and Inspections that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, A. Contractor shall give Engineer timely notice shall uncover, expose, or otherwise make available for of readiness of the Work for all required inspections, observation, inspection, or testing as Engineer may tests, or approvals and shall cooperate with inspection and require, that portion of the Work in question, furnishing testing personnel to facilitate required inspections or tests. all necessary labor, material, and equipment. B. Owner shall employ and pay for the services C. If it is found that the uncovered Work is of an independent testing laboratory to perform all defective, Contractor shall pay all claims, costs, losses, inspections, tests, or approvals required by the Contract and damages (including but not limited to all fees and Documents except: charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute 1. for inspections, tests, or approvals covered by resolution costs) arising out of or relating to such Paragraphs 13.03.0 and 13.03.D below; uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction 2. that costs incurred in connection with tests or (including but not limited to all costs of repair or inspections conducted pursuant to Paragraph 13.04.B replacement of work of others); and Owner shall be shall be paid as provided in said Paragraph 13.04.C; and entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, 3. as otherwise specifically provided in the Con- Owner may make a Claim therefor as provided in tract Documents. Paragraph 10.05. C. If Laws or Regulations of any public body ' D. If, the uncovered Work is not found to be having jurisdiction require any Work (or part thereof) defective, Contractor shall be allowed an increase in the specifically to be inspected, tested, or approved by an Contract Price or an extension of the Contract Times, or employee or other representative of such public body, both, directly attributable to such uncovering, exposure, Contractor shall assume full responsibility for arranging observation, inspection, testing, replacement, and and obtaining such inspections, tests, or approvals, pay all reconstruction. If the parties are unable to agree as to the 00700 - 33 amount or extent thereof, Contractor may make a Claim 4. satisfactorily correct or repair or remove and therefor as provided in Paragraph 10.05. replace any damage to other Work, to the work of others or other land or areas resulting therefrom. 13.05 Owner May Stop the Work B. If Contractor does not promptly comply with A. If the Work is defective, or Contractor fails to the terms of Owner's written instructions, or in an supply sufficient skilled workers or suitable materials or emergency where delay would cause serious risk of loss equipment, or fails to perform the Work in such a way or damage, Owner may have the defective Work that the completed Work will conform to the Contract corrected or repaired or may have the rejected Work re- Documents, Owner may order Contractor to stop the moved and replaced. All claims, costs, losses, and Work, or any portion thereof, until the cause for such damages (including but not limited to all fees and charges order has been eliminated; however, this right of Owner of engineers, architects, attorneys, and other professionals to stop the Work shall not give rise to any duty on the part and all court or arbitration or other dispute resolution of Owner to exercise this right for the benefit of costs) arising out of or relating to such correction or repair Contractor, any Subcontractor, any Supplier, any other or such removal and replacement (including but not individual or entity, or any surety for, or employee or limited to all costs of repair or replacement of work of agent of any of them. others) will be paid by Contractor. 13.06 Correction or Removal of Defective Work C. In special circumstances where a particular item of equipment is placed in continuous service before A. Promptly after receipt of notice, Contractor Substantial Completion of all the Work, the correction shall correct all defective Work, whether or not period for that item may start to run from an earlier date if fabricated, installed, or completed, or, if the Work has so provided in the Specifications . been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall D. Where defective Work (and damage to other pay all claims, costs, losses, and damages (including but Work resulting therefrom) has been corrected or removed not limited to all fees and charges of engineers, architects, and replaced under this Paragraph 13.07, the correction attorneys, and other professionals and all court or period hereunder with respect to such Work will be arbitration or other dispute resolution costs) arising out of extended for an additional period of one year after such or relating to such correction or removal (including but correction or removal and replacement has been not limited to all costs of repair or replacement of work of satisfactorily completed. others). E. Contractor's obligations under this Paragraph B. When correcting defective Work under the 13.07 are in addition to any other obligation or warranty. terms of this Paragraph 13.06 or Paragraph 13.07, The provisions of this Paragraph 13.07 shall not be Contractor shall take no action that would void or construed as a substitute for or a waiver of the provisions otherwise impair Owner's special warranty and guarantee, of any applicable statute of limitation or repose. if any, on said Work. 13.08 Acceptance of Defective Work 13.07 Correction Period A. If, instead of requiring correction or removal A. If within one year after the date of Substantial and replacement of defective Work, Owner (and, prior to Completion (or such longer period of time as may be Engineer's recommendation of final payment, Engineer) prescribed by the terms of any applicable special prefers to accept it, Owner may do so. Contractor shall guarantee required by the Contract Documents) or by any pay all claims, costs, losses, and damages (including but specific provision of the Contract Documents, any Work not limited to all fees and charges of engineers, architects, is found to be defective, or if the repair of any damages to attorneys, and other professionals and all court or the land or areas made available for Contractor's use by arbitration or other dispute resolution costs) attributable to Owner or permitted by Laws and Regulations as Owner's evaluation of and determination to accept such contemplated in Paragraph 6.11.A is found to be defective Work (such costs to be approved by Engineer as defective, Contractor shall promptly, without cost to to reasonableness) and the diminished value of the Work Owner and in accordance with Owner's written to the extent not otherwise paid by Contractor pursuant to instructions: this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change 1. repair such defective land or areas; or Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and 2. correct such defective Work; or Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work 3. if the defective Work has been rejected by so accepted. If the parties are unable to agree as to the Owner, remove it from the Project and replace it with amount thereof, Owner may make a Claim therefor as Work that is not defective, and provided in Paragraph 10.05. If the acceptance occurs 00700 - 34 after such recommendation, an appropriate amount will be ARTICLE 14 - PAYMENTS TO CONTRACTOR AND paid by Contractor to Owner. COMPLETION 13.09 Owner May Correct Defective Work 14.01 Schedule of Values A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective A. The Schedule of Values established as provid- Work or to remove and replace rejected Work as required ed in Paragraph 2.07.A will serve as the basis for progress by Engineer in accordance with Paragraph 13.06.A, or if payments and will be incorporated into a form of Applica- Contractor fails to perform the Work in accordance with tion for Payment acceptable to Engineer. Progress the Contract Documents, or if Contractor fails to comply payments on account of Unit Price Work will be based on with any other provision of the Contract Documents, the number of units completed. Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. 14.02 Progress Payments B. In exercising the rights and remedies under A. Applications for Payments this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, 1. At least 20 days before the date established in Owner may exclude Contractor from all or part of the the Agreement for each progress payment (but not more Site, take possession of all or part of the Work and often than once a month), Contractor shall submit to suspend Contractor's services related thereto, take posses- Engineer for review an Application for Payment filled out sion of Contractor's tools, appliances, construction and signed by Contractor covering the Work completed as equipment and machinery at the Site, and incorporate in of the date of the Application and accompanied by such the Work all materials and equipment stored at the Site or supporting documentation as is required by the Contract for which Owner has paid Contractor but which are stored Documents. If payment is requested on the basis of elsewhere. Contractor shall allow Owner, Owner's materials and equipment not incorporated in the Work but representatives, agents and employees, Owner's other delivered and suitably stored at the Site or at another contractors, and Engineer and Engineer's consultants location agreed to in writing, the Application for Payment access to the Site to enable Owner to exercise the rights shall also be accompanied by a bill of sale, invoice, or and remedies under this Paragraph. other documentation warranting that Owner has received the materials and equipment free and clear of all Liens C. All claims, costs, losses, and damages and evidence that the materials and equipment are (including but not limited to all fees and charges of covered by appropriate property insurance or other engineers, architects, attorneys, and other professionals arrangements to protect Owner's interest therein, all of and all court or arbitration or other dispute resolution which must be satisfactory to Owner. costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be 2. Beginning with the second Application for charged against Contractor, and a Change Order will be Payment, each Application shall include an affidavit of issued incorporating the necessary revisions in the Contractor stating that all previous progress payments Contract Documents with respect to the Work; and Owner received on account of the Work have been applied on shall be entitled to an appropriate decrease in the Contract account to discharge Contractor's legitimate obligations Price. If the parties are unable to agree as to the amount of associated with prior Applications for Payment. the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses 3. The amount of retainage with respect to and damages will include but not be limited to all costs of progress payments will be as stipulated in the Agreement. repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of B. Review of Applications Contractor's defective Work. 1. Engineer will, within 10 days after receipt of D. Contractor shall not be allowed an extension each Application for Payment, either indicate in writing a of the Contract Times because of any delay in the recommendation of payment and present the Application performance of the Work attributable to the exercise by to Owner or return the Application to Contractor Owner of Owner's rights and remedies under this indicating in writing Engineer's reasons for refusing to Paragraph 13.09. 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 5. Engineer may refuse to recommend the whole accompanying data and schedules, that to the best of or any part of any payment if, in Engineer's opinion, it Engineer's knowledge, information and belief: would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse a. the Work has progressed to the point indicat- to recommend any such payment or, because of subse- ed; quently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment b. the quality of the Work is generally in accor- recommendation previously made, to such extent as may dance with the Contract Documents (subject to be necessary in Engineer's opinion to protect Owner from an evaluation of the Work as a functioning whole loss because: prior to or upon Substantial Completion, to the results of any subsequent tests called for in the a. the Work is defective, or completed Work has Contract Documents, to a final determination of been damaged, requiring correction or replace - quantities and classifications for Unit Price Work ment; under Paragraph 9.07, and to any other qualifications stated in the recommendation); and b. the Contract Price has been reduced by Change Orders; c. the conditions precedent to Contractor's being entitled to such payment appear to have been c. Owner has been required to correct defective fulfilled in so far as it is Engineer's Work or complete Work in accordance with responsibility to observe the Work. Paragraph 13.09; or 3. By recommending any such payment Engineer d. Engineer has actual knowledge of the will not thereby be deemed to have represented that: occurrence of any of the events enumerated in Paragraph 15.02.A. a. inspections made to check the quality or the quantity of the Work as it has been performed C. Payment Becomes Due have been exhaustive, extended to every aspect of the Work in progress, or involved detailed 1. Ten days after presentation of the Application inspections of the Work beyond the responsi- for Payment to Owner with Engineer's recommendation, bilities specifically assigned to Engineer in the the amount recommended will (subject to the provisions Contract Documents; or of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. b. that there may not be other matters or issues between the parties that might entitle Contractor D. Reduction in Payment to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 1. Owner may refuse to make payment of the full amount recommended by Engineer because: 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor a. claims have been made against Owner on Engineer's recommendation of any payment, including account of Contractor's performance or furnish - final payment, will impose responsibility on Engineer: ing of the Work; a. to supervise, direct, or control the Work, or b. Liens have been filed in connection with the Work, except where Contractor has delivered a b. for the means, methods, techniques, specific bond satisfactory to Owner to secure the sequences, or procedures of construction, or the satisfaction and discharge of such Liens; safety precautions and programs incident thereto, or c. there are other items entitling Owner to a set -off against the amount recommended; or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's d. Owner has actual knowledge of the occurrence performance of the Work, or of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph d. to make any examination to ascertain how or 15.02.A. for what purposes Contractor has used the moneys paid on account of the Contract Price, or 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give e. to determine that title to any of the Work, Contractor immediate written notice (with a copy to materials, or equipment has passed to Owner free Engineer) stating the reasons for such action and promptly and clear of any Liens. 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 maintenance, heat, utilities, insurance, and warranties and thereto agreed to by Owner and Contractor, when guarantees. Unless Owner and Contractor agree otherwise Contractor corrects to Owner's satisfaction the reasons for in writing and so inform Engineer in writing prior to such action. Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will 3. If it is subsequently determined that Owner's be binding on Owner and Contractor until final payment. refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as E. Owner shall have the right to exclude determined by Paragraph 14.02.C.1. Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable 14.03 Contractor's Warranty of Title access to complete or correct items on the tentative list. A. Contractor warrants and guarantees that title 14.05 Partial Utilization to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the A. Prior to Substantial Completion of all the Project or not, will pass to Owner no later than the time of Work, Owner may use or occupy any substantially payment free and clear of all Liens. completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, 14.04 Substantial Completion Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used A. When Contractor considers the entire Work by Owner for its intended purpose without significant ready for its intended use Contractor shall notify Owner interference with Contractor's performance of the and Engineer in writing that the entire Work is remainder of the Work, subject to the following condi- substantially complete (except for items specifically listed tions. by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of B. Promptly after Contractor's notification, , the Work which Owner believes to be ready for its Owner, Contractor, and Engineer shall make an intended use and substantially complete. If and when inspection of the Work to determine the status of Contractor agrees that such part of the Work is completion. If Engineer does not consider the Work substantially complete, Contractor will certify to Owner substantially complete, Engineer will notify Contractor in and Engineer that such part of the Work is substantially writing giving the reasons therefor. complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative 2. Contractor at any time may notify Owner and certificate of Substantial Completion which shall fix the Engineer in writing that Contractor considers any such date of Substantial Completion. There shall be attached to part of the Work ready for its intended use and substan- the certificate a tentative list of items to be completed or tially complete and request Engineer to issue a certificate corrected before final payment. Owner shall have seven of Substantial Completion for that part of the Work. days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions 3. Within a reasonable time after either such of the certificate or attached list. If, after considering such request, Owner, Contractor, and Engineer shall make an objections, Engineer concludes that the Work is not inspection of that part of the Work to determine its status substantially complete, Engineer will within 14 days after of completion. If Engineer does not consider that part of submission of the tentative certificate to Owner notify the Work to be substantially complete, Engineer will Contractor in writing, stating the reasons therefor. If, after notify Owner and Contractor in writing giving the reasons consideration of Owner's objections, Engineer considers therefor. If Engineer considers that part of the Work to be the Work substantially complete, Engineer will within substantially complete, the provisions of Paragraph 14.04 said 14 days execute and deliver to Owner and Contractor will apply with respect to certification of Substantial a definitive certificate of Substantial Completion (with a Completion of that part of the Work and the division of revised tentative list of items to be completed or correct- responsibility in respect thereof and access thereto. ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any 4. No use or occupancy or separate operation of objections from Owner. part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property D. At the time of delivery of the tentative insurance. certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- 14.06 Final Inspection dation as to division of responsibilities pending final payment between Owner and Contractor with respect to A. Upon written notice from Contractor that the security, operation, safety, and protection of the Work, entire Work or an agreed portion thereof is complete, 00700 - 37 Engineer will promptly make a final inspection with Contract Documents, Engineer is satisfied that the Work Owner and Contractor and will notify Contractor in has been completed and Contractor's other obligations writing of all particulars in which this inspection reveals under the Contract Documents have been fulfilled, that the Work is incomplete or defective. Contractor shall Engineer will, within ten days after receipt of the final immediately take such measures as are necessary to Application for Payment, indicate in writing Engineer's complete such Work or remedy such deficiencies. recommendation of payment and present the Application for Payment to Owner for payment. At the same time 14.07 Final Payment Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the A. Application for Payment provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- 1. After Contractor has, in the opinion of ing in writing the reasons for refusing to recommend final Engineer, satisfactorily completed all corrections payment, in which case Contractor shall make the identified during the final inspection and has delivered, in necessary corrections and resubmit the Application for accordance with the Contact Documents, all maintenance Payment. and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of C. Payment Becomes Due inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may 1. Thirty days after the presentation to Owner of make application for final payment following the the Application for Payment and accompanying docu- procedure for progress payments. mentation, the amount recommended by Engineer, Less any sum Owner is entitled to set off against Engineer's 2. The final Application for Payment shall be recommendation, including but not limited to liquidated accompanied (except as previously delivered) by: damages, will become due and , will be paid by Owner to Contractor. a. all documentation called for in the Contract Documents, including but not limited to the 14.08 Final Completion Delayed evidence of insurance required by Paragraph 5.04.B.7; A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if b. consent of the surety, if any, to fmal payment; Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work c. a list of all Claims against Owner that fully completed and accepted) and recommendation of Contractor believes are unsettled; and Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work d. complete and legally effective releases or fully completed and accepted. If the remaining balance to waivers (satisfactory to Owner) of all Lien rights be held by Owner for Work not fully completed or arising out of or Liens filed in connection with corrected is less than the retainage stipulated in the the Work. Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the 3. In lieu of the releases or waivers of Liens payment of the balance due for that portion of the Work specified in Paragraph 14.07.A.2 and as approved by fully completed and accepted shall be submitted by Owner, Contractor may furnish receipts or releases in full Contractor to Engineer with the Application for such and an affidavit of Contractor that: (i) the releases and payment. Such payment shall be made under the terms receipts include all labor, services, material, and and conditions governing final payment, except that it equipment for which a Lien could be filed; and (ii) all shall not constitute a waiver of Claims. payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner 14.09 Waiver of Claims or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or A. The making and acceptance of final payment Supplier fails to furnish such a release or receipt in full, will constitute: Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any 1. a waiver of all Claims by Owner against Lien. Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection B. Engineer's Review of Application and pursuant to Paragraph 14.06, from failure to comply with Acceptance the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's 1. If, on the basis of Engineer's observation of continuing obligations under the Contract Documents; the Work during construction and fmal inspection, and and Engineer's review of the final Application for Payment and accompanying documentation as required by the 00700 - 38 2. a waiver of all Claims by Contractor against 3. complete the Work as Owner may deem Owner other than those previously made in accordance expedient. with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. C. If Owner proceeds as provided in Paragraph 1 5.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the ARTICLE 15 - SUSPENSION OF WORK AND unpaid balance of the Contract Price exceeds all claims, TERMINATION 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 15.01 Owner May Suspend Work dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be A. At any time and without cause, Owner may paid to Contractor. If such claims, co sts, losses, and suspend the Work or any portion thereof for a period of damages exceed such unpaid balance, Contractor shall not more than 90 consecutive days by notice in writing to pay the difference to Owner. Such claims, costs, losses, Contractor and Engineer which will fix the date on which and damages incurred by Owner will be reviewed by Work will be resumed. Contractor shall resume the Work Engineer as to their reasonableness and, when so on the date so fixed. Contractor shall be granted an adjust- approved by Engineer, incorporated in a Change Order. ment in the Contract Price or an extension of the Contract When exercising any rights or remedies under this Times, or both, directly attributable to any such Paragraph Owner shall not be required to obtain the suspension if Contractor makes a Claim therefor as lowest price for the Work performed. provided in Paragraph 10.05. D. Notwithstanding Paragraphs 15.02.B and 15.02 Owner May Terminate for Cause 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice A. The occurrence of any one or more of the of intent to terminate to correct its failure to perform and following events will justify termination for cause: proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents E. Where Contractor's services have been so (including, but not limited to, failure to supply sufficient terminated by Owner, the termination will not affect any skilled workers or suitable materials or equipment or rights or remedies of Owner against Contractor then failure to adhere to the Progress Schedule established existing or which may thereafter accrue. Any retention or under Paragraph 2.07 as adjusted from time to time payment of moneys due Contractor by Owner will not pursuant to Paragraph 6.04); release Contractor from liability. 2. Contractor's disregard of Laws or Regulations F. If and to the extent that Contractor has of any public body having jurisdiction; provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond 3. Contractor's disregard of the authority of shall supersede the provisions of Paragraphs 15.02.B, and Engineer; or 15.02.C. 4. Contractor's violation in any substantial way 15.03 Owner May Terminate For Convenience of any provisions of the Contract Documents. A. Upon seven days written notice to Contractor B. If one or more of the events identified in and Engineer, Owner may, without cause and without Paragraph 15.02.A occur, Owner may, after giving prejudice to any other right or remedy of Owner, Contractor (and surety ) seven days written notice of its terminate the Contract. In such case, Contractor shall be intent to terminate the services of Contractor: paid for (without duplication of any items): 1. exclude Contractor from the Site, and take 1. completed and acceptable Work executed in possession of the Work and of all Contractor's tools, accordance with the Contract Documents prior to the appliances, construction equipment, and machinery at the effective date of termination, including fair and Site, and use the same to the full extent they could be reasonable sums for overhead and profit on such Work; used by Contractor (without liability to Contractor for trespass or conversion), 2. expenses sustained prior to the effective date of termination in performing services and furnishing 2. incorporate in the Work all materials and labor, materials, or equipment as required by the Contract equipment stored at the Site or for which Owner has paid Documents in connection with uncompleted Work, plus Contractor but which are stored elsewhere, and fair and reasonable sums for overhead and profit on such expenses; 00700 - 39 3. all claims, costs, losses, and damages B. Owner and Contractor shall participate in the (including but not limited to all fees and charges of mediation process in good faith. The process shall be engineers, architects, attorneys, and other professionals concluded within 60 days of filing of the request. The and all court or arbitration or other dispute resolution date of termination of the mediation shall be determined costs) incurred in settlement of terminated contracts with by application of the mediation rules referenced above. Subcontractors, Suppliers, and others; and C. If the Claim is not resolved by mediation, 4. reasonable expenses directly attributable to Engineer's action under Paragraph 10.05.0 or a denial termination. pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the B. Contractor shall not be paid on account of loss mediation unless, within that time period, Owner or of anticipated profits or revenue or other economic loss Contractor: arising out of or resulting from such termination. 1. elects in writing to invoke any dispute 15.04 Contractor May Stop Work or Terminate resolution process provided for in the Supplementary Conditions, or A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days 2. agrees with the other party to submit the by Owner or under an order of court or other public Claim to another dispute resolution process, or authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) 3. gives written notice to the other party of their Owner fails for 30 days to pay Contractor any sum finally intent to submit the Claim to a court of competent determined to be due, then Contractor may, upon seven jurisdiction. days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and ARTICLE 17 - MISCELLANEOUS recover from Owner payment on the same terms as provided in Paragraph 15.03. 17.01 Giving Notice B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if A. Whenever any provision of the Contract Engineer has failed to act on an Application for Payment Documents requires the giving of written notice, it will be within 30 days after it is submitted, or Owner has failed deemed to have been validly given if: for 30 days to pay Contractor any sum fmally determined to be due, Contractor may, seven days after written notice 1. delivered in person to the individual or to a to Owner and Engineer, stop the Work until payment is member of the firm or to an officer of the corporation for made of all such amounts due Contractor, including whom it is intended, or interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a 2. delivered at or sent by registered or certified Claim under Paragraph 10.05 for an adjustment in mail, postage prepaid, to the last business address known Contract Price or Contract Times or otherwise for to the giver of the notice. expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. 17.02 Computation of Times A. When any period of time is referred to in the ARTICLE 16 - DISPUTE RESOLUTION 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 16.01 Methods and Procedures Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the A. Either Owner or Contractor may request computation. mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision 17.03 Cumulative Remedies becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules A. The duties and obligations imposed by these of the American Arbitration Association in effect as of the General Conditions and the rights and remedies available Effective Date of the Agreement. The request for hereunder to the parties hereto are in addition to, and are mediation shall be submitted in writing to the American not to be construed in any way as a limitation of, any Arbitration Association and the other party to the rights and remedies available to any or all of them which Contract. Timely submission of the request shall stay the are otherwise imposed or available by Laws or Regula- effect of Paragraph 10.05.E. tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of 00700 - 40 this Paragraph will be as effective as if repeated acceptance of the Work or termination or completion of specifically in the Contract Documents in connection with the Contract or termination of the services of Contractor. each particular duty, obligation, right, and remedy to which they apply. 17.05 Controlling Law 17.04 Survival of Obligations A. This Contract is to be governed by the law of the state in which the Project is located. A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in 17.06 Headings accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- A. Article and paragraph headings are inserted ments, will survive final payment, completion, and for convenience only and do not constitute parts of these General Conditions. 00700 - 41 • TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS TITLE ARTICLE NO. Introduction S.C. O. Defined Terms S.C. 1.01 Preliminary Schedules S.C. 2.05.A Intent S.C. 3.01 Reference Standards S.C. 3.02 Availability of Lands S.C. 4.01 Contractor's Insurance S.C. 5.04 Contractual Endorsement S.C. 5.04.B Supervision and Superintendence S.C. 6.01 Permits S.C. 6.08 Shop Drawings and Samples S.C. 6.17 Changes in the Work; Claims S.C. 10 Unit Price Work S.C. 11.03.D Change of Contract Price S.C. 12.01.A Change of Contract Times 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 Payment S.C. 14.07 Non - Discrimination Toward Handicapped Persons S.C. 17.07 SUPPLEMENTARY CONDITIONS -- — -- ARTICLE S.C. 0 INTRODUCTION These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (2007 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 DEFINED TERMS The terms used in these Supplementary Conditions, which are defined in the Standard General Conditions of the Construction Contract (2007 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 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. 2.05A PRELIMINARY SCHEDULES Paragraph 2.05A of the General Conditions shall be deleted and the following inserted in its place. "2.05A Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), and before starting any work at the site, Contractor shall submit to Engineer for its timely review:" ARTICLES 2.05A.1; 2.05A.2; AND 2.05A.3 REMAIN AS SHOWN. ARTICLE S.C. 3.01 INTENT Work under these Contract Documents shall be governed by all applicable Federal, State 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 — — — — 00700 =5 -1— — — — — — 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. ARTICLE S.C. 3.02 REFERENCE STANDARDS The work shall comply with the American Recovery and Reinvestment Act of 2009 as provided in 48 CFR. Prevailing wages under the Davis -Bacon Act (DBA) are required for all contractors or subcontractors employed under this project. 3.02.2 Supplemental Specifications: Refer in precedent order to the Supplementary General Conditions and the General Conditions as contained in these Contract Documents. 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 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.2 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 $2,000,000 Annual Aggregate 2. Property Damage: $1,000,000 Each Occurrence $2,000,000 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: $2,000,000 Annual Aggregate 5.04.A.6 Comprehensive Automobile Liability: Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence 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 $2,000,000 Annual Aggregate -- 00i0.0 -53- — — — — The City of Columbia Heights shall be named as an additional insured. 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 Contractor is responsible to obtain permits that are necessary for this work from the following outside agencies: • * State of Minnesota ® * City of Columbia Heights All work under this contract shall take place on City -owned property. 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. 6.17 SHOP DRAWINGS AND SAMPLES Amend Paragraph 6.17.A.1.b of the General Conditions by inserting the following after the first sentence: "Each shop drawing shall reference the building location" And as so amended Paragraph 6.17.A.1.b remains in effect. ARTICLE S.C. 10 CHANGES IN THE WORK; CLAIMS Amend the first sentence of Paragraph 10.05.B 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 party to the Contract promptly (but, in no event later than ten days) after the occurrence of the event giving rise thereto." 00700 -54 And as so amended Paragraph 10.05.B remains in effect. 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.D UNIT PRICE WORK ARTICLE G.C. 11.03.D 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 12.01.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 TIMES 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.A remains in effect. 00700 -55 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 tests required by the Engineer shall be ordered and paid for by the Contractor at all specified locations. 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, 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 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 00700 -56 accordance with OWNER' s written instructions: (i) repair such defective work 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 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 filin maintains a policy of non- discrimination towards persons with handicapped conditions. 00700 -57 ADDENDUM NO. 1 Plans and Specifications For: 2011 HVAC Improvements Columbia Heights Project No. 1107 Dated: March 25, 2011 1. ADVERTISEMENT FOR BIDS The bid opening time and date has been changed to: • 10:00 a.m. on Wednesday, April 6 2011. Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen, P.E. City Engineer 763 - 706 -3705 763 - 706- 3701(fax) Page 1 of 1 ADDENDUM NO.2 Plans and Specifications For: 2011 HVAC Improvements Columbia Heights Project No. 1107 Dated: March 29, 2011 1. BID FORM The attached bid form shall be used to submit a bid. The original bid form had the original bid opening date. The form is identified as: • BID FORM — GREY. 2. SPECIFICATIONS — TECHNICAL SECTION Division 01 — General Requirements The following section has been added to the project: 02 41 13 Demolition Under this section, the bids shall include the removal and disposal of the existing boilers. Under separate contract, the City of Columbia Heights shall provide for asbestos abatement. Where necessary, the contractor shall coordinate with the City's Asbestos Contractor to facilitate and allow for abatement. Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen, P.E. City Engineer 763 - 706 -3705 763 - 706- 3701(fax) Page 1 of 1 Contractor's Business Name: Master Mechanical, Inc. Address: 1027 Gemini Road Eagan, MN 55121 • Phone No: 651- 905 -1600 Fax No: 651- 905 -1601 BID FORM PROJECT IDENTIFICATION: 2011 IIVAC Improvements CITY PROJECT NUMBER 1107 BIDS TO BE OPENED: 10 :00 A.M. - Wednesday, April 6` 2011 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 - 38 AVENUE NE COLUMBIA HEIGHTS, MN 55421 1. 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. 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, . that: 1 (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 1 3/2 Z (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 carefully 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 fiirnishing 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 the 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 Tirne 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, 2 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, film 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 for itself any advantage over any other BIDDER or over OWNER. (i) Any other representation as required by Laws and Regulations. • • 3 4. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING LUMP SUM PRICE(S): BASE BID No. Item Description Unit Quantity Unit Price Amount 1 HVAC Bid Package `A' L.S. 1 $ $ 2 HVAC Bid Package `B' SVt,6p L.S. 1 $ $ , /OD — TOTAL BASE BID: $ [,s? 5 St , — ' t- ,(u, AiL wven /webiled alloys TotkYas .:id Written in Words Quantities are based on Lump Sum for each separate facility as detailed on the Plans and specifications for a complete and operating system. ALTERNATE la & b - This alternate includes: No. Item Description Unit Quantity Unit Price Amount a. Replace wood radiation covers with metal — Library L.S. 1 $ $ 500 b. Modify controls for night setback - Library L.S. 1 $ $ '7 f0 — TOTAL BID ALTERNATE la & b: $ `l /00 Al ti/ IL/ 1.. /// Total Bid Alternate 1 Written in Words ALTERNATE 2 - This alternate includes Boiler Manufacturer: No. Item Description Unit Quantity Unit Price Amount 1 HVAC Bid Package `A' L.S. 1 $ $ /V /Pr 2 HVAC Bid Package `B' L.S. 1 $ $ ___ _ TOTAL BASE BID: $ / NJ( Total Alternate 2 Bid Written n Words 4 5. BIDDER agrees that the Work will be completed as follows: CITY PROJECT NO. 1107 • Bid Package `A' - Boiler Replacement at the Municipal Service Center • Bid Package `B' - Boiler Replacement at the City Library • Alternate Bid la & b — Library radiation panels and night setback controls • Alternate Bid 2 -- Pre - approved Boilers manufacturers other than Base bid. Final inspection by July 15 2011 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 of Non - Collusion. 7. Communications concerning this BID shall be addressed to the address ofBIDDER 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: April 6 , 2011. 5 If BIDDER is: AN INDIVIDUAL • By (SEAL) (Individual's Name) Doing Business As Address Telephone No A PARTNERSHIP By (SEAL) (Firm Name) (General Partner) Business Address Telephone No. (Continued on next page.) 6 A CORPORATION By Master Mechanical, Inc. (SEAL) (Corporation Name) Minnesota (State of Incorporation) By (Name of Person Authorized to Sign) President (Title) ATTEST (Secretary) Business Address 1027 Gemini Road Eagan, MN 55121 Telephone No. 651-905-1600 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. 7 • • STATE OF Minnesota COUNTY OF Dakota AFFIDAVIT 01? 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 affidavit. David Schultz BIDDER Master Mechanical, Inc. FIRM MAKING BIDS Subscribed and sworn to before nie this 6th day of April , 2011. r NAB' E OFFICIAL TITLE 8 yam. Bond No. 190 - 022 -230 ENGINEERS JO NT CONTRACT DOCUMENTS COMMITTEE PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): Master Mechanical, Inc. Liberty Mutual Insurance Company 1027 Gemini Road 450 Plymouth Road, Suite 400 Eagan, MN 55121 Plymouth Meeting, PA 19462 OWNER (name and address): City of Columbia Heights 637 38 Avenue NE Columbia Heights, MN 55421 -3806 CONSTRUCTION CONTRACT Effective Date of the Agreement: May 3, 2011 Amount: $76,800.00 Description (name and location): Boiler Replacement at Municipal Service Center and City Library BOND Bond Number: 190 - 022 - 230 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): May 3, 2011 Amount: $76,800.00 Modifications to this Bond Form: ® None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Master Mechanical, Inc. (no seal) Liberty Mutual Insurance Company (seal) Contractor's Na - d Corpo :.t, e.1 Surety's Name and Corporate Seal By: �: ��./ _...� By: � /9v~ •ow- Signature Signature (attaower o fat orney) David A. Schultz D. R. Dougherty Print Name Print Name President Attorney - In - Fact Title Title Attest: Attest: /// L�'i i'V'4�0 Signature Signature Chris Hansen, Assistant Bond Underwriter Title Title Notes: (I) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C -610 — Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 of 3 1. The Contractor and Surety, jointly and severally, bind the Contract Price incurred by the Owner as a result of the themselves, their heirs, executors, administrators, successors, and Contractor Default; or assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable 2. If the Contractor performs the Construction Contract, the Surety promptness under the circumstances: and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in 5.4.1 After investigation, determine the amount for Paragraph 3. which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to 3. If there is no Owner Default under the Construction Contract, the the Owner; or Surety's obligation under this Bond shall arise after: 5.4,2 Deny liability in whole or in part and notify the 3,1 The Owner first provides notice to the Contractor and Owner, citing the reasons for denial. the Surety that the Owner is considering declaring a Contractor Default, Such notice shall indicate whether the Owner is 6. If the Surety does not proceed as provided in Paragraph 5 with requesting a conference among the Owner, Contractor, and Surety reasonable promptness, the Surety shall be deemed to be in default on to discuss the Contractor's performance. If the Owner does not this Bond seven days after receipt of an additional written notice from request a conference, the Surety may, within five (5) business the Owner to the Surety demanding that the Surety perform its days after receipt of the Owner's notice, request such a obligations under this Bond, and the Owner shall be entitled to enforce conference. If the Surety timely requests a conference, the Owner any remedy available to the Owner. If the Surety proceeds as provided shall attend. Unless the Owner agrees otherwise, any conference in Paragraph 5.4, and the Owner refuses the payment or the Surety has requested under this Paragraph 3.1 shall be held within ten (10) denied liability, in whole or in part, without further notice the Owner business days of the Surety's receipt of the Owner's notice. If the shall be entitled to enforce any remedy available to the Owner, Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction 7. If the Surety elects to act under Paragraph 5.1, 5,2, or 5,3, then Contract, but such an agreement shall not waive the Owner's the responsibilities of the Surety to the Owner shall not be greater than right, if any, subsequently to declare a Contractor Default; those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than 3,2 The Owner declares a Contractor Default, terminates those of the Owner under the Construction Contract. Subject to the the Construction Contract and notifies the Surety; and commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction 7.1 the responsibilities of the Contractor for correction of Contract to the Surety or to a contractor selected to perform the defective work and completion of the Construction Contract; Construction Contract, 7,2 additional legal, design professional, and delay costs 4. Failure on the part of the Owner to comply with the notice resulting from the Contractor's Default, and resulting from the requirement in Paragraph 3.1 shall not constitute a failure to comply actions or failure to act of the Surety under Paragraph 5; and with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety 7.3 liquidated damages, or if no liquidated damages are demonstrates actual prejudice. specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the following actions: Surety's liability is limited to the amount of this Bond. 5.1 Arrange for the Contractor, with the consent of the 9. The Surety shall not be liable to the Owner or others for Owner, to perform and complete the Construction Contract; obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or 5,2 Undertake to perform and complete the Construction set off' on account of any such unrelated obligations. No right of Contract itself, through its agents or independent contractors; action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for 10. The Surety hereby waives notice of any change, including performance and completion of the Construction Contract, changes of time, to the Construction Contract or to related arrange for a contract to be prepared for execution by the Owner subcontracts, purchase orders, and other obligations. and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a 11. Any proceeding, legal or equitable, under this Bond may be qualified surety equivalent to the bonds issued on the instituted in any court of competent jurisdiction in the location in Construction Contract, and pay to the Owner the amount of which the work or part of the work is located and shall be instituted damages as described in Paragraph 7 In excess of the Balance of within two years after a declaration of Contractor Default or within EJCDC 0-610 — Performance Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 two years after the Contractor ceased working or within two years 14.2 Construction Contract: The agreement between the after the Surety refuses or fails to perform its obligations under this Owner and Contractor identified on the cover page, including all Bond, whichever occurs first. If the provisions of this paragraph are Contract Documents and changes made to the agreement and the void or prohibited by law, the minimum periods of limitations Contract Documents. available to sureties as a defense in the jurisdiction of the suit shall be applicable. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply 12. Notice to the Surety, the Owner, or the Contractor shall be mailed with a material term of the Construction Contract. or delivered to the address shown on the page on which their signature appears. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under 13. When this Bond has been furnished to comply with a statutory or the Construction Contract or to perform and complete or comply other legal requirement in the location where the construction was to with the other material terms of the Construction Contract. be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and 14.5 Contract Documents: All the documents that comprise provisions conforming to such statutory or other legal requirement the agreement between the Owner and Contractor. shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a 15. If this Bond is issued for an agreement between a contractor and common law bond. subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 14. Definitions 16. Modifications to this Bond are as follows: 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, EJCDC C-610 — Performance ;Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 of 3 ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF: Minnesota COUNTY OF: 1j(Ait6.-- On this day, May 3, 2011, before me personally come(s) David A. Schultz to me known, who, being by me duly sworn, deposes and says that he /she resides in the City of Eagan, MN, that he /she is the President of the Master Mechanical, Inc., the corporation described in and which executed the foregoing instrument; that he /she 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 order of the Board of Directors of said corporation, and that he /she signed his /her name thereto by like order. ot . ...ri F CHERYL R. KAEPPE r 47,4;.._. gi Notary Public c'=: € State of Minnesota L.IL "i'i Ct ] ,; — ' My Commission Expires ota/y Plic 0 • � January 3l , 201 6 ACKNIWLEDGMENT OF SURETY STATE OF: Minnesota COUNTY OF: Ramsey On this day, May 3, 2011, before me personally come(s) Jack Cedarlleaf II, to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or Attorney -In -Fact of the Liberty Mutual Insurance Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. om, ( .-/,, 4 fi CHRISTINE M. HANSEI Notary Public ,a • 4 - Notary Public - Minnesota g My Commissfor� Expire J 31, 2015 3075077 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extellt herein stated. LIBERTY MUTUAL INSURANCE COMPANY BO STON, POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint D. R. DOU LER TY,JACK CEDARLEAF II, KURT C. _LUNDBLAD; ;CHRISTINE M. HANSEN, ALL OF THE CITY OF ST. PAUL, S TATE OF-MINNES:OTA"" -- - , each individually if there -be rn = than one na its true and lawful attorney in fact.to make execute seal, acknowledge and deliver, for and on its behalf es sufetyyand_as. its act and deed,_anyy -all " undertakings, bonds =recognizances and_other. surety obligations in the penal sum not exceeding ONE HUNDRED - FIFTY, MILLION.ANDX00 /100* * * * * * *** * * * * * * * * * * * * * * * * ** . DOLLAR 0 ** * * S ($: 150; 000 ; 0 00:0. * * * * * * * * * * * * ** * ** ) each and the execution of such undertakings ,bonds = recognizances'fand other surety obligations'in pursuance of the presents, shall be as binding upon the Company as if they had`been dulysignedl ythe president -and attested by,the eecreta y pf the'Company in their own, proper persons. That this power is made and pursuant to and by authority of the following la By w .Au andthorizationi - ARTICLE XIII - Execon of Contracts: So uti ectin.5.- Surety Bondnd Uner s adakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the presidept may - prescribe; shalt appoints attorneys in fact, as may be necessary . to act in behalf of..the Company to make, 1 execute seal, acknowledge -and- deliver as Surety any and "all undertakings, bonds, recognizances and other surety obligations. Such 13 N a ttorneys iri -fact, subject to th limitations set forth in-their respective powers of attorney, sh have full power. to bind the Company by their CO o signature and execution =of any -such instrum and to attach thereto the seal -of "the Company. When so executed such instruments shall be w d; as-brnding e - eifsigned by the "president and attested by the secretary. c 'e G - By the following.instrumentthe chairmah.or.the president has authorized the officer or other official named therein to appoint attorneys - in - fact: zz • C Pursuant-to Article:XIII; Section..5.of the By Laws, Garnet W. Elliott Assistant Secretary of -.Liberty Mutual Insurance Company, is. hereby " - -1 .., "_ . authorized to appoint such attorneys in -fact as. may be necessary" to actin behalf,of-the Company to make, execute, seal, ledge and : -._ 'C , deliver as surety any-and undertakings bonds,. recognizances and other surety obligations. O W That the:By Iaw:and the: Authorizationset forth above are true copiesthereofand are =now in full force and effect. .d W C � E . , j IN WITNESS 1NHEREOF, this Power of Attorney - has been subscribed by an authorized officer =or official of the Company and the corporate seal of G- Libe: Mutual- Insurance Co m an has been affixed thereto in PI mouth Meeting, Penns ' 25th . day of Aug _ - i � � ., rtY .. p . Y Y 9. lvania this. Y m =. 201.0 Y M co. . LIBERTY MUTUAL INSURANCE COMPANY I ;+ : r By / .✓_ - .. E G - { . Garnet W. Elliott Assistant Secretary p :. y "COMMONWEALTH OF- PENNSYLVANIA ss ._ C d COUNTY OFMONTGOMERY -- St ▪ C : On this 25th day of August- , 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me_known, and acknowledged •Le. d that he is an Assistant Secretarry.of.Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the. above: 3 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Com the reto with the authority and at the direction of•said corporation. _�0� I_ N TESTIMONY WH P hr unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Penns lvania, on the day and ear C �p 0, Y Y Y 9l Y Y Y -N 0 first above wr @^ N < �0 ' G J - 0 4 < : : v COMMONWEALTH OE O E N N V A I A y r 3 ?. I NrRanal Seal L N O _3 i ¢ a = f Teresa Pa erla No ary t?uLi - _ _ ft T'W tthr`I�)r iHy l tee f B9 _ _ c -9 Z .V ,P;y9 li • Piy C arcm slo Match 2z• 201S ' l C -G ® Ter sa Pastella, Notary Public v r - - -- CERTIFICATE 1- I the undersigned, Assistant ec of- LibertyMutual Insurance Company, doahereby certify that the :original power of attorney of which the foregoing " is a full, true and correct copy, is in full force and"effect on the" date of this certificate; and-1 do further certify that the - officer or official who executed the said power of attorney is an Assistant Secretary'specially ;authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual InsUrance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. • • VOTED that.the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. - - IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said - company, this ...3( day of j - - By , - ..K''".,„-e) >f - David M. Carey, Assi fit Secretary ti Bond No. 190 - 022 -230 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): Master Mechanical, Inc. Liberty Mutual Insurance Company 1027 Gemini Road 450 Plymouth Road, Suite 400 Eagan, MN 55121 Plymouth Meeting, PA 19462 OWNER (name and address): City of Columbia Heights 637 38 Avenue NE Columbia Heights, MN 55421 -3806 CONSTRUCTION CONTRACT Effective Date of the Agreement: May 3, 2011 Amount: $76,800.00 Description (name and location): Boiler Replacement at Municipal Service Center and City Library BOND Bond Number: 190 - 022 -230 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): May 3, 2011 Amount: $76,800.00 Modifications to this Bond Form: ® None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Master Mechanical, Inc. (no seal) Liberty Mutual Insurance Company (seal) Contractor's N and Co ra S•. :1 Surety's Name and Corporate Seal By: - By: Signature Signature (attac power ay attorney) David A. Schultz D. R. Dougherty Print Name Print Name President Attorney - In - Fact Title Title Attest: Attest: CAL2 Signature Signature Chris Hansen, Assistant Bond Underwriter Title Title Notes: (I) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC C -615 — Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 1 of 3 7, When a Claimant has satisfied the conditions of Paragraph 1. The Contractor and Surety, jointly and severally, bind 5.1 or 5.2, whichever is applicable, the Surety shall themselves, their heirs, executors, administrators, promptly and at the Surety's expense take the following successors, and assigns to the Owner to pay for labor, actions: materials, and equipment furnished for use in the performance of the Construction Contract, which is 7.1 Send an answer to the Claimant, with a copy to the incorporated herein by reference, subject to the following Owner, within sixty (60) days after receipt of the terms. Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are 2. If the Contractor promptly makes payment of all sums due disputed; and to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any 7.2 Pay or arrange for payment of any undisputed person or entity seeking payment for labor, materials, or amounts. equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor 7.3 The Surety's failure to discharge its obligations shall have no obligation under this Bond. under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or 3. If there is no Owner Default under the Construction Contractor may have or acquire as to a Claim, Contract, the Surety's obligation to the Owner under this except as to undisputed amounts for which the Bond shall arise after the Owner has promptly notified the Surety and Claimant have reached agreement. If Contractor and the Surety (at the address described in however, the Surety fails to discharge its Paragraph 13) of claims, demands, liens, or suits against the obligations under Paragraph 7.1 or 7.2, the Surety Owner or the Owner's property by any person or entity shall indemnify the Claimant for the reasonable seeking payment for labor, materials, or equipment attorney's fees the Claimant incurs thereafter to furnished for use in the performance of the Construction recover any sums found to be due and owing to the Contract, and tendered defense of such claims, demands, Claimant. liens, or suits to the Contractor and the Surety. 8. The Surety's total obligation shall not exceed the amount of 4. When the Owner has satisfied the conditions in Paragraph this Bond, plus the amount of reasonable attorney's fees 3, the Surety shall promptly and at the Surety's expense provided under Paragraph 7.3, and the amount of this Bond defend, indemnify, and hold harmless the Owner against a shall be credited for any payments made in good faith by duly tendered claim, demand, lien, or suit. the Surety. 5. The Surety's obligations to a Claimant under this Bond 9. Amounts owed by the Owner to the Contractor under the shall arise after the following: Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, 5.1 Claimants who do not have a direct contract with under any construction performance bond. By the the Contractor, Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the 5.1,1 have furnished a written notice of non- performance of the Construction Contract are dedicated to payment to the Contractor, stating with satisfy obligations of the Contractor and Surety under this substantial accuracy the amount claimed Bond, subject to the Owner's priority to use the funds for and the name of the party to whom the the completion of the work. materials were, or equipment was, furnished or supplied or for whom the 10. The Surety shall not be liable to the Owner, Claimants, or labor was done or performed, within ninety others for obligations of the Contractor that are unrelated to (90) days after having last performed labor the Construction Contract. The Owner shall not be liable or last furnished materials or equipment for the payment of any costs or expenses of any Claimant included in the Claim; and under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of 5.1.2 have sent a Claim to the Surety (at the Claimants, or otherwise have any obligations to Claimants address described in Paragraph 13), under this Bond. 5.2 Claimants who are employed by or have a direct 11. The Surety hereby waives notice of any change, including contract with the Contractor have sent a Claim to changes of time, to the Construction Contract or to related the Surety (at the address described in Paragraph subcontracts, purchase orders, and other obligations. 13). 12. No suit or action shall be commenced by a Claimant under 6. If a notice of non - payment required by Paragraph 5.1.1 is this Bond other than in a court of competent jurisdiction in given by the Owner to the Contractor, that is sufficient to the state in which the project that is the subject of the satisfy a Claimant's obligation to furnish a written notice of Construction Contract is located or after the expiration of non - payment under Paragraph 5.1.1. one year from the date (I) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or EJCDC C -615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 2 of 3 (2) on which the last labor or service was performed by shall be to include without limitation in the terms of anyone or the Last materials or equipment were furnished "labor, materials, or equipment" that part of the by anyone under the Construction Contract, whichever of water, gas, power, light, heat, oil, gasoline, (1) or (2) first occurs. If the provisions of this paragraph telephone service, or rental equipment used in the are void or prohibited by law, the minimum period of Construction Contract, architectural and limitation available to sureties as a defense in the engineering services required for performance of jurisdiction of the suit shall be applicable. the work of the Contractor and the Contractor's subcontractors, and all other items for which a 13. Notice and Claims to the Surety, the Owner, or the mechanic's lien may be asserted in the jurisdiction Contractor shall be mailed or delivered to the address where the labor, materials, or equipment were shown on the page on which their signature appears. furnished. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover 14. When this Bond has been furnished to comply with a page, including all Contract Documents and all statutory or other legal requirement in the location where changes made to the agreement and the Contract the construction was to be performed, any provision in this Documents. Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions 16.4 Owner Default: Failure of the Owner, which has conforming to such statutory or other legal requirement not been remedied or waived, to pay the Contractor shall be deemed incorporated herein. When so furnished, as required under the Construction Contract or to the intent is that this Bond shall be construed as a statutory perform and complete or comply with the other bond and not as a common law bond. material terms of the Construction Contract. 15. Upon requests by any person or entity appearing to be a 16.5 Contract Documents: All the documents that potential beneficiary of this Bond, the Contractor and comprise the agreement between the Owner and Owner shall promptly furnish a copy of this Bond or shall Contractor. permit a copy to be made. 17. If this Bond is issued for an agreement between a 16. Definitions contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term 16.1 Claim: A written statement by the Claimant Owner shall be deemed to be Contractor. including at a minimum: 18. Modifications to this Bond are as follows: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond EJCDC C -615, Payment Bond Published December 2010 by the Engineers Joint Contract Documents Committee. Page 3 of 3 ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF: Minnesota COUNTY OF: i-;,g0-1 c; _ On this day, May 3, 2011, before me personally come(s) David A. Schultz to me known, who, being by me duly sworn, deposes and says that he /she resides in the City of Eagan, MN, that he /she is the President of the Master Mechanical, Inc., the corporation described in and which executed the foregoing instrument; that he /she 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 order of the Board of Directors of said corporation, and that he /she signed his /her name thereto by like order. eit "" CHERYL R. KAEPPE a `� Notary Public _/( ^.i:'..s i . /`- Staia �� {i l + M Com missof Mion nnesot Expires r Notary Pir lic , , y January 31, 2016 / ACKNOWLEDGMENT OF SURETY STATE OF: Minnesota COUNTY OF: Ramsey On this day, May 3, 2011, before me personally come(s) Jack Cedarleaf II, to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or Attorney -In -Fact of the Liberty Mutual Insurance Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. 44 ° -" CHRISTINE M. HANSE Notary Public Notary Public-Minnesota s ;; s My Commission Expires Jan 31, 2015 °+'1MAM+W V 3075078 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint D. R. DOUGHERTY, JACK CEDARLEAF II, KURT C. LUNDBLAD, CHRISTINE M. HANSEN, ALL OF THE CITY OF ST. PAUL, STATE OF MINNESOTA , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all. undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED FIFTY MILLION AND 00 /100 **` * * * * * * * * * ** * * * * * * * * * * * * * ** DOLLARS ($ 150, 000,000.00 * * * * * * * * * * * * * * * * * * * ** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, c o execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such "0 E attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their H O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be w W as binding as if signed by the president and attested by the secretary. C By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: .0 -e y cop +; > . o Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby ..,.• authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ is 3 deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. O i to (.1 i— . a) That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. W C d > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C Q W T iberty O Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 25th day of August , Q M p c T LIBERTY MUTUAL INSURANCE COMPANY L O . 0 C cu 1 4 ° E C Gs ( :: By 674,-...-e A - .-- -X a ca ES , :�- ,......,,,/ Garnet W. ElliotL Assistant Elliott Secretary N o e COMMONWEALTH OF PENNSYLVANIA ss � o R d COUNTY OF MONTGOMERY o C C On this 25th day of August , 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above P. ., , i Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. t5 Q 0 ES IN TESTIMONY WH L i0 unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year ° 0 0 f irst above written 4 m Lab e *' w a ' (` v COMMONWE L1'i Or PENNSYLVANIA > ID `9 S { E N 6" s � , ' r�man�l Seat L O _— 1 teresa Pe eiw No'ary Pets 4E co t - 1 P. 1th TwF A4ort,7 mery i 111;), By O o Z 0 y Lon ur sa v CXPir tar h 2a -� Is ® I Ter sa Pastella Notary Public v .— � � °3� r nho.F xs r, ti ,13,1,, 0 cD - CERTIFICATE 4e P ., _' 1— +- I, the undersigned, Assistant 'ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIWNY WHEREOF Ihave hereunto subscribed my name and affixed the corporate seal of the said company, this ; 3 '(1 day of By Li� /r Assi \ :( - ->i David M. Carey, Asst . fit Secretary \. °® CERTIFICATE OF LIABILITY INSURANCE DATE YY) l THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificates Ctificates De artment NAME: p PHNE Kraus- Anderson Insurance A /C. No. Ems: (952)707-8200 707 -8200 _jq/ /C, No): (952) 890 -0535 420 Gateway Boulevard ADDR ESS: certificates@kainsurance.com PRODUCER 00008115 CUSTOMER ID #: Burnsville MN 55337 -2790 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A :Western National Mutual Group 40312 INSURERB:COlumbia Casualty Ins Co Master Mechanical, Inc. INSURER C : 1027 Gemini Rd INSURER D INSURER E : Eagan MN 55121 INSURERF: COVERAGES CERTIFICATE NUMBER:11 - 12 Certificate REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM /DD /YYYY) (MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ A CLAIMS -MADE X OCCUR CPP001324306 1/1/2011 1/1/2012 MED EXP (Any one person) $ 5,000 X Includes XCU PERSONAL & ADV INJURY $ 1,000,000 X Broad Form PD GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO LOC $ ,IECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,000 X ANY AUTO A ALL OWNED AUTOS CPP001301706 1/1/2011 1/1/2012 BODILY INJURY (Per person) $ W BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X $ HIRED AUTOS (Per accident) X NON - OWNED AUTOS $ $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DEDUCTIBLE _ $ X U MB001047207 1/1/2011 1/1/2012 A RETE NTION $ lO , 000 $ A WORKERS COMPENSATION WC STATU- 1OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ 500,000 OFFICER /MEMBER EXCLUDED? N /'4 1/1/2011 1/1/2012 (Mandatory in NH) WCV001039908 EL. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 B Contractors Prof Liab CBP 288258468 1/1/2011 1/1/2012 PerCliam 1,000,000 Retro Dte: 1/1/07 Rentention: $25,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Job #7164.50. Project No. 1107 - City of Columbia Heights Boilers, Municipal Service Center & City Library. She Certificate Holder, its officers, directors, partners, employees, agents, consultants, and subcontractors are Additional Insureds under the Commercial General Liability on a Primary Basis when required by written contract. CERTIFICATE HOLDER CANCELLATION (763) 706 - 3701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Columbia Heights ACCORDANCE WITH THE POLICY PROVISIONS. 637 38th Avenue NE Columbia Heights, MN 55421 -3803 AUTHORIZED REPRESENTATIVE Matt Broderson /AMBER ACORD 25 (2009/09) © 1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD y r COMMERCIAL GENERAL LIABILITY WNGL490109 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to in- a. The preparing, approving, or failing to pre- clude as an additional insured any person or organ- pare or approve, maps, shop drawings. opin- ization for whom you are performing operations ions, reports, surveys, field orders, change when you and such person or organization have orders or drawings and specifications; or agreed in writing in a contract or agreement that such person or organization be added as an addi b. Supervisory, inspection, architectural or en tional insured on your policy. Such person or organ- gineering activities. ization is an additional insured only with respect to 2. "Bodily injury" or "property damage" occurring liability for "bodily injury", "property damage" or after: "personal and advertising injury" caused, in whole a. All work, including materials, parts or equip or in part, by: ment furnished in connection with such 1. Your acts or omissions; or work, on the project (other than service, 2. The acts or omissions of those acting on your maintenance or repairs) to be performed by behalf; or on behalf of the additional insured(s) at the location of the covered operations has in the performance of your ongoing operations for been completed; or the additional insured. b. That portion of your work" out of which the A person's or organization's status as an additional injury or damage arises has been put to its insured under this endorsement ends when your intended use by any person or organization operations for that additional insured are com- other than another contractor or subcontrac- pleted. tor engaged in performing operations for a B. The Limits of Insurance applicable to the additional principal as a part of the same project. insured are those specified in the written contract D. As respects the coverage provided under this en- or written agreement or in the Declarations •of this dorsement, Paragraph 4.b. of the Other Insurance policy, whichever is less. These Limits of Insur- Condition is deleted and replaced by the following: ante are inclusive of, and not in addition to Limits 4. Other Insurance of Insurance shown in the Declarations. C. With respect to the insurance afforded to these ad- Excess Insurance ditional insureds, the following additional exclusions This insurance is excess over any other in- apply: • surance naming the additional insured as an This insurance does not apply to: insured whether primary, excess, contingent or on any other basis unless the written con - 1. "Bodily injury", "property damage" or "personal tract or agreement described in A. above and advertising injury" arising out of the render- specifically requires that this insurance be ing of, or the failure to render, any professional provided on either a primary basis or a pri- architectural, engineering or surveying services, mary and noncontributory basis. including: WN GL 49 01 09 Includes copyrighted material of Insurance Services Ofiices Inc. with its permission. Page 1 of 1 J � POLICY NUMBER: CPP 0013243 06 COMMERCIAL GENERAL LIABILITY WN GL 50 01 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): BLANKET Location And Description Of Completed Operations ANY LOCATION Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to in- C. As respects the coverage provided under this en- clude as an additional insured the person(s) or or- dorsement, Paragraph 4.b. of the Other Insurance ganization(s) shown in the Schedule, but only with Condition is deleted and replaced by the following: respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your 4. Other Insurance work" at the location designated and described in b. Excess Insurance the schedule of this endorsement performed for that additional insured and included in the "prod- This insurance is excess over any other inuu ucts- completed operations hazard ". ante naming the additional insured as an in sured whether primary, excess, contingent or B. The Limits of Insurance applicable to the addition- on any other basis unless the written contract al insured are those specified in the written con- or agreement described in A. above specifi- tract or written agreement or in the Declarations of cally requires that this insurance be provided this policy, whichever is less. These Limits of In- on either a primary basis or a primary and surance are inclusive of, and not in addition to noncontributory basis. Limits of Insurance shown in the Declarations. WN GL 50 01 09 Includes copyrighted material of Insurance Services Ofiices Inc. with its permission. Page 1 of 1