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HomeMy WebLinkAbout2020-2999 2020-2999 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 and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. 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): l.Substantial Completion: Contractor shall pay Owner $1,000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. 2.Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,000.00 for each day that expires after such time until the Work is completed and ready for final payment. 3.Liquidated damages for failing to timely attain Substantial Completion, and final completion are not additive, and will not be imposed concurrently. B.If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner's sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Aereement. ARTICLE 5-CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract: A.For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. B.The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 6-PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A.Contractor shall submit Applications for Payment in accordance with Article 15 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 the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page2 of7 Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a.95 percent of the value of the Work completed (with the balance being retainage). b.95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B.Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A.Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety A.Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. 6.05 Interest A.All amounts not paid when due will bear interest at the rate stipulated in Minnesota Statue 161.322. ARTICLE 7-CONTRACT DOCUMENTS 7.01 Contents A.The Contract Documents consist of all of the following: 1.This Agreement. 2.Bonds: a.Performance bond (together with power of attorney). b.Payment bond (together with power of attorney). 3.General Conditions. 4.Supplementary Conditions. 5.Specifications as listed in the table of contents of the project manual. EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). CopyrightiD 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page3 of7 1 1 11 16 Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c)Contractor's safety precautions and programs. 7.Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8.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. 9.Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10.The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11.Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02 Contractor's Certifications A.Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02: 1."corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2."fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3."collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4."coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8.03 Standard General Conditions A.Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC ® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has EJCDC '"' C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright"' 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civll Engineers. All rights reserved. Page 5 of 7 furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (red line/strikeout), or in the Supplementary Conditions. EJCDCIID C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright10 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page6of7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreem ent. This Agreement will be effective on �/4 �I ,zh2-i? 0 (which is the Effective Date of the Contract). Owner: City of Columbia Heights, Minnesota By: Kelli Bourgeois, City Manager By: t){M4tA K .riJ.AYJ Donna Schmitt, Mayor Attest: �e � Title: ( 1-.\- 'f (A,e \/k: Address for giving notices: Designated Representative: Name: Title: Address: Phone: Email: (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) Contractor: lnsituform Technologies USA. LLC (typed or printed name of organization) By: Date: Name: Title: Attest: Title: Jana Lause (typed or printed) Contracting & Attesting Officer {Individual's signature Diane Partridge, Contracting & Attesting Officer (typed or printed) Address for giving notices: 17988 Edison Avenue Chesterfield, MO 63005 Designated Representative: Name: Title: Jana Lause (typed or printed) Contracting & Attesting Officer (typed or printed) Address: 17988 Edison Avenue Chesterfield, MO 63005 Phone: 636-53Q-8QQQ Email: jlause@aegion.com License No.: N/A State: (where applicable) EJCDC� C-520, Agreement between owner and Contractor for Construction Contract (Stipulated Price). Copyrightio 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page7of7 BOND NUMBER 107239815 PERFORMANCE BOND Contractor Name: lnsituform Technologies USA, LLC Address (principal place of business): Owner 17988 Edison Avenue Chesterfield, MO 63005 Name: City of Columbia Heights, Minnesota Mailing address (principal place of business): 590 40th Avenue NE Columbia Heights, MN 55421 Bond Surety Travelers Casualty and Surety Name: Company of America Address (principal place of business): Contract One Tower Square Hartford, CT 06183 Description (name and location): 2020 Sanitary Sewer Lining, Columbia Heights Project 2004 Contract Price: $188,265.50 Effective Date of Contract: March 27, 2020 , Bond Amount: One Hundred Eighty Eight Thousand Two Hundred Sixty Five and 50/100 ($188,265.50) Date of Bond: March 27, 2020 (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: � None D See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Name: Jana Lause Title: Attest: Name: {Printed or typed} Title: Contracting & Attesting Officer Surety Travelers Casualty and Surety Company of America (Ful By: (Signature){Attach Power of Attorney) Name: · Andrew P. Thome (Printed or typed) Title: Attest: Name: Amanda L. Williams {Printed or typed) Title: Witness ' Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singufar reference to Contractor, Surety, Owner, or other party is considered plural where applicable. EJCoc• C-610, Performance Bond. Copyright ID 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of4 1.The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2.If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3.If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4.Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 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 following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;· 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: EJCDC" C-610, Performance Bond. Copyright tll 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page2of4 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6.If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 7.If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8.If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9.The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11.Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12.Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with EJCDC9 C-610, Performance Bond. CopyrightlCl 2018 National Society of Profession al Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page3of4 said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14.Definitions 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. 14.2. Construction Contract-The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3. Contractor Default-Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4. Owner Default-Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Documents-All the documents that comprise the agreement between the Owner and Contractor. 15.If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16.Modifications to this Bond are as follows: None. EJCDC8 C-610, Performance Bond. Copyright10 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page4of4 BOND NUMBER 107239815 PAYMENT BOND Contractor Name: lnsituform Technologies USA, LLC Address (principal place of business): Owner 17988 Edison Avenue Chesterfield, MO 63005 Name: City of Columbia Heights, Minnesota ·Mailing address (principal place of business}: 590 40th Avenue NE Columbia Heights, MN 55421 Bond Surety Name: Travelers Casuatt� and Surety Company of America Address (principal place of business): One Tower Square Hartford, CT 06183 Contract Description (name and location): 2020 Sanitary Sewer Lining, Columbia Heights Project 2004 Contract Price: $188,265.50 Effective Date of Contract: March 27, 2020 Bond Amount: One Hundred Eighty Eight Thousand Two Hundred Sixty Five and 50/100 Dollars ($188,265.50) Date of Bond: March 27, 2020 (Date of Bond cannot be earlier than Effective D·ate of Contract) Modifications to this Bond form: Ga None O See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or re resentative. Contractor as Principal Surety Name: Title: Attest: Name: Title: Jana Lause (Printed or typed) Contracting & A sting Officer {�ignature} b:<&�,:t Vc,,,r+n J.rr(L (Printed or typed) Contracting & Attesting Officer Travelers Casualty and Surety Company of America {F By: Name: Andrew P. Thome {Printed or typed) Title: Attorney-in-Fact Name: Amanda L. Williams (Printed ar typed) Title: Witness Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. EJCDC-C-615, Payment Bond. Copyright10 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1of4 1.The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2.If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3.If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4.When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5.The Surety's obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6.If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7.When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. EJCDC� C-615, Payment Bond. Copyright(C) 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 8.The Surety's total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9.Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10.The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12.No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13.Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received. 14.When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15.Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16.Definitions 16.1. Claim-A written statement by the Claimant including at a minimum: 16.1.1. The name of the Claimant; 16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 16.1.3. 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; 16.1.4. A brief description of the labor, materials, or equipment furnished; EJCDC9 C-615, Payment Bond. Copyrighttll 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3of4 16.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 16.1.7. The total amount of previous payments received by the Claimant; and 16.1.8. 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 is to include without limitation in the terms of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3. Construction Contract-The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Default-Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Documents-All the documents that comprise the agreement between the Owner and Contractor. 17.If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18.Modifications to this Bond are as follows: [Describe modification or enter "None"] EJCDC'" C-615, Payment Bond. Copyright(I) 2018 National Society of Profes sional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page4of4 State of Missouri County of St. Louis On March 27, 2020, before me, a Notary Public in and for said County and State, re- siding herein, duly commissioned and sworn, personally appeared Andrew P. Thome known to me to be Attorney-In-Fact of Travelers Casualty and Surety Company of America a corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. Amanda L. Williams, Notary Public AMANDA L. WILLIAMS NOT ARY PUBLLC -NOT ARY SEAL STAT£: OF MISSOURI COMMISSIONED FOR ST. LOUIS COUNTY MY COMMISSION EXPIRES JUL. 24, 2021 10 #13507257 My Commission Expires: ______________ _ ,.a.. TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrew P. Thome, of Chesterfield, Missouri, their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF , the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, SefTl6r Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Mar1'e C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cer tified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 21 day of March , 2020 t Kevin E. Hughes,AssltantSecretary , "!'o 11erify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer-t-a-t,he .:;,t,,:,ve-ne:med Attorney-in-Fact and the details of the bond to which the power is attached. •.',, .. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared By Endorsed By EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, America n Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. TOC Page 1 of 5 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology ................................................................................................... 1 1.01 Defined Terms .......................................................................................................................... 1 1.02 Terminology ............................................................................................................................. 6 Article 2—Preliminary Matters ................................................................................................................ 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ....................................... 7 2.02 Copies of Documents ............................................................................................................... 7 2.03 Before Starting Construction .................................................................................................... 8 2.04 Preconstruction Conference; Designation of Authorized Representatives ................................. 8 2.05 Acceptance of Schedules .......................................................................................................... 8 2.06 Electronic Transmittals ............................................................................................................. 9 Article 3—Contract Documents: Intent, Requirements, Reuse ................................................................. 9 3.01 Intent ....................................................................................................................................... 9 3.02 Reference Standards .............................................................................................................. 10 3.03 Reporting and Resolving Discrepancies................................................................................... 10 3.04 Requirements of the Contract Documents .............................................................................. 11 3.05 Reuse of Documents .............................................................................................................. 11 Article 4—Commencement and Progress of the Work ........................................................................... 12 4.01 Commencement of Contract Times; Notice to Proceed .......................................................... 12 4.02 Starting the Work ................................................................................................................... 12 4.03 Reference Points .................................................................................................................... 12 4.04 Progress Schedule .................................................................................................................. 12 4.05 Delays in Contractor’s Progress .............................................................................................. 12 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................... 14 5.01 Availability of Lands ............................................................................................................... 14 5.02 Use of Site and Other Areas ................................................................................................... 14 5.03 Subsurface and Physical Conditions ........................................................................................ 15 5.04 Differing Subsurface or Physical Conditions ............................................................................ 16 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, America n Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. TOC Page 2 of 5 5.05 Underground Facilities ........................................................................................................... 18 5.06 Hazardous Environmental Conditions at Site .......................................................................... 19 Article 6—Bonds and Insurance ............................................................................................................. 22 6.01 Performance, Payment, and Other Bonds............................................................................... 22 6.02 Insurance—General Provisions ............................................................................................... 22 6.03 Contractor’s Insurance ........................................................................................................... 24 6.04 Builder’s Risk and Other Property Insurance ........................................................................... 25 6.05 Property Losses; Subrogation ................................................................................................. 26 6.06 Receipt and Application of Property Insurance Proceeds ........................................................ 27 Article 7—Contractor’s Responsibilities ................................................................................................. 27 7.01 Contractor’s Means and Methods of Construction ................................................................. 27 7.02 Supervision and Superintendence .......................................................................................... 28 7.03 Labor; Working Hours ............................................................................................................ 28 7.04 Services, Materials, and Equipment ........................................................................................ 28 7.05 “Or Equals” ............................................................................................................................ 29 7.06 Substitutes ............................................................................................................................. 30 7.07 Concerning Subcontractors and Suppliers .............................................................................. 31 7.08 Patent Fees and Royalties ...................................................................................................... 32 7.09 Permits .................................................................................................................................. 33 7.10 Taxes...................................................................................................................................... 33 7.11 Laws and Regulations ............................................................................................................. 33 7.12 Record Documents ................................................................................................................. 34 7.13 Safety and Protection ............................................................................................................. 34 7.14 Hazard Communication Programs .......................................................................................... 35 7.15 Emergencies........................................................................................................................... 35 7.16 Submittals .............................................................................................................................. 36 7.17 Contractor’s General Warranty and Guarantee ...................................................................... 38 7.18 Indemnification ...................................................................................................................... 39 7.19 Delegation of Professional Design Services ............................................................................. 40 Article 8—Other Work at the Site .......................................................................................................... 41 8.01 Other Work ............................................................................................................................ 41 8.02 Coordination .......................................................................................................................... 41 8.03 Legal Relationships ................................................................................................................. 42 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, America n Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. TOC Page 3 of 5 Article 9—Owner’s Responsibilities ....................................................................................................... 43 9.01 Communications to Contractor .............................................................................................. 43 9.02 Replacement of Engineer ....................................................................................................... 43 9.03 Furnish Data ........................................................................................................................... 43 9.04 Pay When Due ....................................................................................................................... 43 9.05 Lands and Easements; Reports, Tests, and Drawings .............................................................. 43 9.06 Insurance ............................................................................................................................... 43 9.07 Change Orders ....................................................................................................................... 43 9.08 Inspections, Tests, and Approvals ........................................................................................... 44 9.09 Limitations on Owner’s Responsibilities.................................................................................. 44 9.10 Undisclosed Hazardous Environmental Condition ................................................................... 44 9.11 Evidence of Financial Arrangements ....................................................................................... 44 9.12 Safety Programs ..................................................................................................................... 44 Article 10—Engineer’s Status During Construction................................................................................. 44 10.01 Owner’s Representative ..................................................................................................... 44 10.02 Visits to Site ....................................................................................................................... 44 10.03 Resident Project Representative ......................................................................................... 45 10.04 Engineer’s Authority ........................................................................................................... 45 10.05 Determinations for Unit Price Work.................................................................................... 45 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work .................. 45 10.07 Limitations on Engineer’s Authority and Responsibilities .................................................... 45 10.08 Compliance with Safety Program ........................................................................................ 46 Article 11—Changes to the Contract ...................................................................................................... 46 11.01 Amending and Supplementing the Contract ....................................................................... 46 11.02 Change Orders ................................................................................................................... 46 11.03 Work Change Directives ..................................................................................................... 47 11.04 Field Orders ........................................................................................................................ 47 11.05 Owner-Authorized Changes in the Work ............................................................................. 47 11.06 Unauthorized Changes in the Work .................................................................................... 48 11.07 Change of Contract Price .................................................................................................... 48 11.08 Change of Contract Times................................................................................................... 49 11.09 Change Proposals ............................................................................................................... 49 11.10 Notification to Surety ......................................................................................................... 51 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, America n Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. TOC Page 4 of 5 Article 12—Claims ................................................................................................................................. 51 12.01 Claims ................................................................................................................................ 51 Article 13—Cost of the Work; Allowances; Unit Price Work ................................................................... 52 13.01 Cost of the Work ................................................................................................................ 52 13.02 Allowances ......................................................................................................................... 56 13.03 Unit Price Work .................................................................................................................. 56 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work ................... 57 14.01 Access to Work ................................................................................................................... 57 14.02 Tests, Inspections, and Approvals ....................................................................................... 57 14.03 Defective Work .................................................................................................................. 58 14.04 Acceptance of Defective Work............................................................................................ 58 14.05 Uncovering Work ............................................................................................................... 59 14.06 Owner May Stop the Work ................................................................................................. 59 14.07 Owner May Correct Defective Work ................................................................................... 59 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period ....................................... 60 15.01 Progress Payments ............................................................................................................. 60 15.02 Contractor’s Warranty of Title ............................................................................................ 63 15.03 Substantial Completion ...................................................................................................... 63 15.04 Partial Use or Occupancy .................................................................................................... 64 15.05 Final Inspection .................................................................................................................. 65 15.06 Final Payment .................................................................................................................... 65 15.07 Waiver of Claims ................................................................................................................ 66 15.08 Correction Period ............................................................................................................... 67 Article 16—Suspension of Work and Termination .................................................................................. 68 16.01 Owner May Suspend Work ................................................................................................. 68 16.02 Owner May Terminate for Cause ........................................................................................ 68 16.03 Owner May Terminate for Convenience ............................................................................. 69 16.04 Contractor May Stop Work or Terminate ............................................................................ 69 Article 17—Final Resolution of Disputes ................................................................................................ 70 17.01 Methods and Procedures ................................................................................................... 70 Article 18—Miscellaneous ..................................................................................................................... 70 18.01 Giving Notice ...................................................................................................................... 70 18.02 Computation of Times ........................................................................................................ 70 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, America n Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. TOC Page 5 of 5 18.03 Cumulative Remedies ......................................................................................................... 70 18.04 Limitation of Damages ........................................................................................................ 71 18.05 No Waiver .......................................................................................................................... 71 18.06 Survival of Obligations ........................................................................................................ 71 18.07 Controlling Law .................................................................................................................. 71 18.08 Assignment of Contract ...................................................................................................... 71 18.09 Successors and Assigns ....................................................................................................... 71 18.10 Headings ............................................................................................................................ 71 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 1 of 71 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2.Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3.Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4.Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5.Bidder—An individual or entity that submits a Bid to Owner. 6.Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7.Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8.Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9.Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10.Claim a.A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 2 of 71 Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract. b.A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. c.A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d.A demand for money or services by a third party is not a Claim. 11.Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12.Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. 13.Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14.Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15.Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16.Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17.Cost of the Work—See Paragraph 13.01 for definition. 18.Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19.Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20.Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21.Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 3 of 71 communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22.Engineer—The individual or entity named as such in the Agreement. 23.Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 24.Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a.The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b.The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c.The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25.Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26.Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 27.Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28.Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 29.Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 30.Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 31.Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 4 of 71 32.Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 33.Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative. 34.Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 35.Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals. 36.Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 37.Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 38.Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39.Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 40.Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 41.Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 42.Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 5 of 71 thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion of such Work. 43.Successful Bidder—The Bidder to which the Owner makes an award of contract. 44.Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 45.Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 46.Technical Data a.Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b.If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c.Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47.Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48.Unit Price Work—Work to be paid for on the basis of unit prices. 49.Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 6 of 71 50.Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A.The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B.Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C.Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D.Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1.does not conform to the Contract Documents; 2.does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3.has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04). E.Furnish, Install, Perform, Provide 1.The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2.The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3.The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 7 of 71 4.If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F.Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1)Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed. G.Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A.Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B.Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C.Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A.Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B.Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 8 of 71 2.03 Before Starting Construction A.Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1.a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2.a preliminary Schedule of Submittals; and 3.a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A.Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B.At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Acceptance of Schedules A.At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer. 1.The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2.Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3.Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 4.If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 9 of 71 2.06 Electronic Transmittals A.Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B.If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. C.Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long-term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A.The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B.It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. C.Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D.The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E.Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F.Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will 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. G.Nothing in the Contract Documents creates: 1.any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2.any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 10 of 71 3.02 Reference Standards A.Standards Specifications, Codes, Laws and Regulations 1.Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2.No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A.Reporting Discrepancies 1.Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 2.Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3.Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B.Resolving Discrepancies 1.Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 11 of 71 precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a.the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b.the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A.During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. B.Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C.If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A.Contractor and its Subcontractors and Suppliers shall not: 1.have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2.have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B.The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 12 of 71 ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A.The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A.Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. 4.03 Reference Points A.Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A.Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1.Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2.Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B.Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A.If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to a n equitable adjustment in Contract Price or Contract Times. B.Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 13 of 71 C.If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1.Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2.Abnormal weather conditions; 3.Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4.Acts of war or terrorism. D.Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1.Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2.Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3.Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E.Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1.The circumstances that form the basis for the requested adjustment; 2.The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3.The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4.The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5.The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 14 of 71 effect of the delay, disruption, or interference on the critical path to completion of the Work. F.Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. G.Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A.Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B.Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C.Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A.Limitation on Use of Site and Other Areas 1.Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2.If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 15 of 71 (b)promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B.Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C.Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D.Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A.Reports and Drawings: The Supplementary Conditions identify: 1.Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2.Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and 3.Technical Data contained in such reports and drawings. B.Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C.Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 16 of 71 D.Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1.the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2.other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3.the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner’s archival documents concerning the Site; or 4.any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A.Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1.is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2.is of such a nature as to require a change in the Drawings or Specifications; 3.differs materially from that shown or indicated in the Contract Documents; or 4.is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B.Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C.Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 17 of 71 to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D.Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E.Possible Price and Times Adjustments 1.Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a.Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b.With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c.Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 2.Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a.Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; b.The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c.Contractor failed to give the written notice required by Paragraph 5.04.A. 3.If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4.Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. F.Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 18 of 71 Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A.Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1.reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2.complying with applicable state and local utility damage prevention Laws and Regulations; 3.verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4.coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5.the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B.Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C.Engineer’s Review: Engineer will: 1.promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2.identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; 3.obtain any pertinent cost or schedule information from Contractor; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and 4.advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D.Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 19 of 71 statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E.Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. F.Possible Price and Times Adjustments 1.Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a.With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; b.Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c.Contractor gave the notice required in Paragraph 5.05.B. 2.If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3.Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. 4.The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor’s remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A.Reports and Drawings: The Supplementary Conditions identify: 1.those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 20 of 71 2.drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3.Technical Data contained in such reports and drawings. B.Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1.the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2.other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3.any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C.Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D.Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E.If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3)notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 21 of 71 F.Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2)specifying any special conditions under which such Work may be resumed safely. G.If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H.If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I.To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I obligates Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K.The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 22 of 71 ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A.Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Contractor’s obligations under the Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B.Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C.All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D.Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E.If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F.If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. G.Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H.Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.02 Insurance—General Provisions A.Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B.All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 23 of 71 required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C.Alternative forms of insurance coverage, including but not limited to self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D.Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E.Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F.Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. G.In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. H.Contractor shall require: 1.Subcontractors to purchase and maintain worker’s compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor’s liability policies) on each Subcontractor’s commercial general liability insurance policy; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 24 of 71 2.Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I.If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. J.If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner’s termination rights under Article 16. K.Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly. L.Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M.The insurance and insurance limits required herein will not be deemed as a limitation on Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N.All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 Contractor’s Insurance A.Required Insurance: Contractor shall purchase and maintain Worker’s Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B.General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must: 1.include at least the specific coverages required; 2.be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3.remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 25 of 71 4.apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable; and 5.include all necessary endorsements to support the stated requirements. C.Additional Insureds: The Contractor’s commercial general liability, automobile liability, employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1.include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2.include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3.afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); 4.not seek contribution from insurance maintained by the additional insured; and 5.as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor’s acts or omissions, or the acts and omissions of those working on Contractor’s behalf, in the performance of Contractor’s operations. 6.04 Builder’s Risk and Other Property Insurance A.Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. B.Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder’s risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. C.Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder’s risk insurance. The builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of such property insurance. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 26 of 71 D.Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide advance notice of such occupancy or use to the builder’s risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E.Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.04, it may do so at Contractor’s expense. 6.05 Property Losses; Subrogation A.The builder’s risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1.Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder’s risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2.None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B.Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner’s existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer’s rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 27 of 71 1.Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. C.The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured peril, risk, or cause of loss. D.Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work. 6.06 Receipt and Application of Property Insurance Proceeds A.Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B.Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C.If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES 7.01 Contractor’s Means and Methods of Construction A.Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B.If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 28 of 71 Contractor’s expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1)Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 Supervision and Superintendence A.Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. B.At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor; Working Hours A.Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site. B.Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions. C.Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.04 Services, Materials, and Equipment A.Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B.All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C.All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 29 of 71 7.05 “Or Equals” A.Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1.If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an “or equal” item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a.in the exercise of reasonable judgment Engineer determines that the proposed item: 1)is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2)will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3)has a proven record of performance and availability of responsive service; and 4)is not objectionable to Owner. b.Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1)there will be no increase in cost to the Owner or increase in Contract Times; and 2)the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B.Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C.Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal,” which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D.Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The Engineer’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 30 of 71 E.Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A.Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related construction at the Site. 1.Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2.The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3.Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application: a.will certify that the proposed substitute item will: 1)perform adequately the functions and achieve the results called for by the general design; 2)be similar in substance to the item specified; and 3)be suited to the same use as the item specified. b.will state: 1)the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2)whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3)whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c.will identify: 1)all variations of the proposed substitute item from the item specified; and 2)available engineering, sales, maintenance, repair, and replacement services. d.will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 31 of 71 Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B.Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C.Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D.Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E.Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F.Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A.Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B.Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C.Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection. D.Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 32 of 71 otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. E.Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F.If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G.No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H.On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I.Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J.The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K.All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L.Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M.Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 Patent Fees and Royalties A.Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 33 of 71 license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. B.To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.09 Permits A.Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 Taxes A.Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.11 Laws and Regulations A.Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B.If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 34 of 71 such Work or other action. It is not Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C.Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 Record Documents A.Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.13 Safety and Protection A.Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B.Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C.Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1.all persons on the Site or who may be affected by the Work; 2.all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3.other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D.All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 35 of 71 of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). E.Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. F.Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G.Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H.Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. I.Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J.Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.14 Hazard Communication Programs A.Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A.In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 36 of 71 7.16 Submittals A.Shop Drawing and Sample Requirements 1.Before submitting a Shop Drawing or Sample, Contractor shall: a.review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b.determine and verify: 1)all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2)the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 3)all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c.confirm that the Submittal is complete with respect to all related data included in the Submittal. 2.Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that Submittal, and that Contractor approves the Submittal. 3.With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B.Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1.Shop Drawings a.Contractor shall submit the number of copies required in the Specifications. b.Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C. 2.Samples a.Contractor shall submit the number of Samples required in the Specifications. b.Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 37 of 71 may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.16.C. 3.Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C.Engineer’s Review of Shop Drawings and Samples 1.Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2.Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3.Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4.Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5.Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6.Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7.Neither Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document. 8.Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D.Resubmittal Procedures for Shop Drawings and Samples 1.Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. 2.Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 38 of 71 resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3.If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E.Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1.The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a.Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b.Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c.Engineer’s review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. d.If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2.Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F.Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19. 7.17 Contractor’s General Warranty and Guarantee A.Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s warranty and guarantee. B.Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1.Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 39 of 71 2.Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C.Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1.abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2.normal wear and tear under normal usage. D.Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights under this Paragraph 7.17: 1.Observations by Engineer; 2.Recommendation by Engineer or payment by Owner of any progress or final payment; 3.The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4.Use or occupancy of the Work or any part thereof by Owner; 5.Any review and approval of a Shop Drawing or Sample submittal; 6.The issuance of a notice of acceptability by Engineer; 7.The end of the correction period established in Paragraph 15.08; 8.Any inspection, test, or approval by others; or 9.Any correction of defective Work by Owner. E.If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A.To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 40 of 71 directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable. B.In any and all claims against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. 7.19 Delegation of Professional Design Services A.Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner-delegated design. B.Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C.If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to Engineer. D.Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E.Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited purposes: 1.Checking for conformance with the requirements of this Paragraph 7.19; 2.Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3.Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F.Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 41 of 71 G.Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A.In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B.If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C.Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D.Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. E.If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. F.The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A.If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 42 of 71 set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1.The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2.An itemization of the specific matters to be covered by such authority and responsibility; and 3.The extent of such authority and responsibilities. B.Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A.If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. B.Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1.If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B. 2.When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 43 of 71 C.If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9—OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A.Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A.Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A.Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A.Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A.Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B.Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C.Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A.Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A.Owner’s responsibilities with respect to Change Orders are set forth in Article 11. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 44 of 71 9.08 Inspections, Tests, and Approvals A.Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A.The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A.Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A.Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract (including obligations under proposed changes in the Work). 9.12 Safety Programs A.While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. B.Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A.Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. 10.02 Visits to Site A.Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 45 of 71 B.Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Resident Project Representative A.If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B.If Owner designates an individual or entity who is not Engineer’s consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 Engineer’s Authority A.Engineer has the authority to reject Work in accordance with Article 14. B.Engineer’s authority as to Submittals is set forth in Paragraph 7.16. C.Engineer’s authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19. D.Engineer’s authority as to changes in the Work is set forth in Article 11. E.Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.05 Determinations for Unit Price Work A.Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A.Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 Limitations on Engineer’s Authority and Responsibilities A.Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 46 of 71 Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B.Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C.Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D.Engineer’s review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Contractor under Paragraph 15.06.A, will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E.The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply to the Resident Project Representative, if any. 10.08 Compliance with Safety Program A.While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs of which Engineer has been informed. ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A.The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B.If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C.All changes to the Contract that involve (1) the performance or acceptability of the Work, (2)the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A.Owner and Contractor shall execute appropriate Change Orders covering: 1.Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2.Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 47 of 71 3.Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b)required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4.Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B.If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A.A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price. B.If Owner has issued a Work Change Directive and: 1.Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2.Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A.Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. B.If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 Owner-Authorized Changes in the Work A.Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 48 of 71 the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer’s recommendation. B.Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents. C.Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.06 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 Change of Contract Price A.The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B.An adjustment in the Contract Price will be determined as follows: 1.Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); 2.Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or 3.Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C). C.Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will be determined as follows: 1.A mutually acceptable fixed fee; or 2.If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a.For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will be 15 percent; b.For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 49 of 71 c.Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d.No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e.The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f.When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. 11.08 Change of Contract Times A.The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B.Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A.Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 50 of 71 B.Change Proposal Procedures 1.Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2.Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a.Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b.Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3.Engineer’s Initial Review: Engi neer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4.Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5.Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C.Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D.Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 51 of 71 11.10 Notification to Surety A.If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS 12.01 Claims A.Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article: 1.Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2.Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; 3.Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and 4.Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B. B.Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C.Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Engineer. D.Mediation 1.At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2.If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 52 of 71 and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3.Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E.Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F.Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G.Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A.Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1.To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2.When needed to determine the value of a Change Order, Change Proposal, Claim, set- off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B.Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include only the following items: 1.Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 53 of 71 benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner. 2.Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3.Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, which will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 4.Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 5.Other costs consisting of the following: a.The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b.Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 1)In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c.Construction Equipment Rental 1)Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 54 of 71 machinery, or parts must cease when the use thereof is no longer necessary for the Work. 2)Costs for equipment and machinery owned by Contractor or a Contractor- related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3)With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price (“changed Work”), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. d.Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e.Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f.Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of builder’s risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee. g.The cost of utilities, fuel, and sanitary facilities at the Site. h.Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i.The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C.Costs Excluded: The term Cost of the Work does not include any of the following items: 1.Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 55 of 71 2.The cost of purchasing, renting, or furnishing small tools and hand tools. 3.Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 4.Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 5.Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 6.Expenses incurred in preparing and advancing Claims. 7.Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D.Contractor’s Fee 1.When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a.Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b.for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as follows: 1)When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2)When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2.When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E.Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 56 of 71 13.02 Allowances A.It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B.Cash Allowances: Contractor agrees that: 1.the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2.Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. C.Owner’s Contingency Allowance: Contractor agrees that an Owner’s contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D.Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 13.03 Unit Price Work A.Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B.The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C.Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D.Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E.Adjustments in Unit Price 1.Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a.the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 57 of 71 b.Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2.The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3.Adjusted unit prices will apply to all units of that item. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A.Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs as applicable. 14.02 Tests, Inspections, and Approvals A.Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B.Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. C.If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D.Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1.by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2.to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3.by manufacturers of equipment furnished under the Contract Documents; 4.for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 58 of 71 5.for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E.If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F.If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A.Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B.Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C.Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D.Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E.Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F.Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A.If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 59 of 71 by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A.Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B.If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C.If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1.If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2.If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A.If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A.If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 60 of 71 Owner may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency. B.In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C.All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D.Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A.Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B.Applications for Payments 1.At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 2.If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation establishing full payment by Contractor for the materials and equipment; (b) at Owner’s request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 61 of 71 3.Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 4.The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C.Review of Applications 1.Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2.Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a.the Work has progressed to the point indicated; b.the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c.the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3.By recommending any such payment Engineer will not thereby be deemed to have represented that: a.inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b.there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4.Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a.to supervise, direct, or control the Work; b.for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 62 of 71 c.for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work; d.to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e.to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5.Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6.Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a.the Work is defective, requiring correction or replacement; b.the Contract Price has been reduced by Change Orders; c.Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d.Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e.Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D.Payment Becomes Due 1.Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E.Reductions in Payment by Owner 1.In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a.Claims have been made against Owner based on Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b.Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c.Contractor has failed to provide and maintain required bonds or insurance; d.Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 63 of 71 e.Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f.The Work is defective, requiring correction or replacement; g.Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h.The Contract Price has been reduced by Change Orders; i.An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j.Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k.Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or l.Other items entitle Owner to a set-off against the amount recommended. 2.If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3.Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A.Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.03 Substantial Completion A.When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B.Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 64 of 71 C.If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D.At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. E.After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F.Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A.Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1.At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 65 of 71 2.At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3.Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4.No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other property insurance. 15.05 Final Inspection A.Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A.Application for Payment 1.After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment. 2.The final Application for Payment must be accompanied (except as previously delivered) by: a.all documentation called for in the Contract Documents; b.consent of the surety, if any, to final payment; c.satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d.a list of all duly pending Change Proposals and Claims; and e.complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3.In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 66 of 71 bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B.Engineer’s Review of Final Application and Recommendation of Payment: If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within 10 days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C.Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D.Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment and issuance of notice of the acceptability of the Work. E.Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner’s receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A.By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B.The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 67 of 71 15.08 Correction Period A.If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1.correct the defective repairs to the Site or such adjacent areas; 2.correct such defective Work; 3.remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 4.satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B.Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B. C.If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). Contractor’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. D.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. E.Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. F.Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 68 of 71 ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A.At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A.The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1.Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); 2.Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3.Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4.Contractor’s repeated disregard of the authority of Owner or Engineer. B.If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days’ written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1.declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and 2.enforce the rights available to Owner under any applicable performance bond. C.Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D.Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E.If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 69 of 71 to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F.Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G.If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate for Convenience A.Upon 7 days’ written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1.completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2.expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3.other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B.Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A.If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3)Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 days’ written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B.In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 70 of 71 ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A.Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1.A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2.Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made. B.Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may: 1.elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2.agree with the other party to submit the dispute to another dispute resolution process; or 3.if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A.Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1.in person, by a commercial courier service or otherwise, to the recipient’s place of business; 2.by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3.by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. 18.02 Computation of Times A.When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A.The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 71 of 71 as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A.With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A.A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A.All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A.This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A.Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 18.09 Successors and Assigns A.Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A.Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. SC-700-72 TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS TITLE ARTICLE NO. Introduction ............................................................................................................. S.C. O Defined Terms ...................................................................................................... S.C. 1.01 Preliminary Schedules ...................................................................................... S.C. 2.03.A Intent ................................................................................................................... S.C. 3.01 Reference Standards ............................................................................................ S.C. 3.02 Availability of Lands ............................................................................................. S.C. 5.01 Reports and Drawings ...................................................................................... S.C. 5.03.A Contractor's Insurance ......................................................................................... S.C. 6.03 Supervision and Superintendence ........................................................................ S.C. 7.02 Permits ................................................................................................................ S.C. 7.09 Safety and Protection ........................................................................................... S.C. 7.13 Submittals; Shop Drawings ................................................................................... S.C. 7.16 Change Proposals; Change Proposal Procedures ................................................ S.C. 11.09 Claims; Submittal of Claim .................................................................................. S.C. 12.01 Adjustments in Unit Price ................................................................................ S.C. 13.03.E Tests, Inspections, and Approvals ....................................................................... S.C. 14.02 Defective Work; Correction, Removal and Replacement ................................ S.C. 14.03.D Progress Payments ............................................................................................. S.C. 15.01 Final Payment .................................................................................................... S.C. 15.06 Correction Period ........................................................................................... S.C. 15.08.A Non-Discrimination Toward Handicapped Persons ............................................. S.C. 18.11 SC-700-73 SUPPLEMENTARY CONDITIONS ARTICLE S.C. O INTRODUCTION These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (2018 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 (2018 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. 2.03.A PRELIMINARY SCHEDULES Paragraph 2.03.A of the General Conditions shall be deleted and the following inserted in its place. "2.03.A Within ten (10) days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), and before starting any work at the site, Contractor shall submit to Engineer for timely review:" ARTICLES 2.03.A.1; 2.03.A.2; AND 2.03.A.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 SC-700-74 conflict of meaning between any of the terms of the Contract Documents, the provisions of the document listed first below shall prevail over those of a document listed later: Contract Agreement Supplementary Conditions Project Plans Proposal and Proposal Form Addenda Technical Specifications General Conditions Special provisions and detail plans are intended to modify and prevail over standard plans and specifications. Should the Contract Documents conflict with any of the laws, regulations, codes, and ordinances mentioned in preceding paragraphs of these Supplementary Conditions, the laws and regulations shall take precedence. This shall not, however, be construed to relieve the Contractor from complying with the requirements of the Contract Documents which are in excess of, but not contrary to, the laws and regulations. ARTICLE S.C. 3.02 REFERENCE STANDARDS The work shall be performed in accordance with the Minnesota Department of Transportation "Standard Specifications for Construction", 2018 edition, and any supplements or amendments, including special provisions, thereto issued prior to the date of these Contract Documents, except as modified or supplemented by the "Standard Specifications for Trench Excavation and Backfill/Surface Restoration, Water main and Service Line Installation, and Sanitary Sewer and Storm Sewer Installation", 2018 Edition as published by the City Engineers Association of Minnesota and as modified or supplemented in these General Conditions, Supplementary Conditions or other Contract Documents. Coordination of plans and specifications shall be in accordance with the provisions of MnDOT Specification 1504, as modified by the following definitions: 3.02.1 Standard Specifications: Refer in precedent order to the "Standard Specifications”, 2018 Edition as published by the City Engineers Association of Minnesota, the MnDOT Standard Specifications, 2018 edition, and the other specifications of ASTM, ANSI, AWWA, etc., as referenced and as published on the date of the bid advertisement. 3.02.2 Supplemental Specifications: Refer in precedent order to the Supplementary General Conditions and the General Conditions as contained in these Contract Documents. ARTICLE S.C. 5.01 AVAILABILITY OF LANDS Amend Paragraph 5.01.A of the General Conditions by adding the following after the second sentence: SC-700-75 "If Contractor believes that there has been delay in Owner's furnishing of lands, rights- of-way, easements, or permits, Contractor's sole remedy shall be an extension of contract time, for which the Contractor may make a claim therefore as provided in Article 11.08" And as so amended Paragraph 5.01.A remains in effect. ARTICLE S.C. 5.03.A REPORTS AND DRAWINGS Amend Paragraph 5.03.A of the General Conditions by adding the following sentence: “4. Reports and drawings described above are listed in the Table of Contents and provided with Appendixes unless otherwise noted.” And as so amended Paragraph 5.03.A remains in effect. ARTICLE S.C. 6.03 CONTRACTOR'S INSURANCE The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts, or greater, when required by laws and regulations. 6.03.A. Required Insurance 6.03.A.1. Workers’ Compensation: STATE: STATUTORY APPLICABLE FEDERAL (E.G., LONGSHOREMAN'S) STATUTORY EMPLOYER'S LIABILITY $1,000,000 6.03.A.2. Commercial General Liability: 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. SC-700-76 Personal Injury, with employment exclusion deleted: $2,000,000 Annual Aggregate 6.03.A.3. 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 6.03.B. General Provisions: The Contractual Liability required by Paragraph 6.03.B.2. of the General Conditions shall provide coverage for not less than the following amounts: Bodily Injury: $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 6.03.C. Additional Insureds: The City of Columbia Heights shall be named as an additional insured. ARTICLE S.C. 7.02 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. SC-700-77 ARTICLE S.C. 7.09 PERMITS The City of Columbia Heights will obtain permits that are necessary for this work from the following outside agencies: -- * Minnesota Department of Health -- * Metropolitan Council Environmental Service -- * Army Corp of Engineers. The Contractor is responsible to obtain permits that are necessary for this work from the following outside agencies: -- * Minnesota Department of Transportation -- * Anoka County Highway Department -- * Minnesota Pollution Control Agency (including General Storm-water Permit for Construction Activity) -- * Mississippi Watershed Management Organization --* Rice Creek Watershed District -- * Department of Natural Resources. All work under this contract shall take place on City-owned property, City-owned right-of-way, County-owned right-of-way, MnDOT-owned right-of-way, or easements to be obtained by the City under this contract. No work shall commence until the necessary permits are obtained. Before work is started, the Contractor shall obtain necessary locations of all underground utilities by contacting GOPHER STATE ONE CALL at 651-454-0002. ARTICLE S.C. 7.13 SAFETY AND PROTECTION Amend Paragraph 7.13.B. of the General Conditions by inserting the following after the first sentence: “In addition, Contractor shall provide a “competent person” as defined by O.S.H.A. on site when trench work is being performed.” And as so amended Paragraph 7.13.B. remains in effect. ARTICLE S.C. 7.16 SUBMITTALS; SHOP DRAWINGS Amend Paragraph 7.16.B.1.b of the General Conditions by inserting the following after the first sentence: “Each shop drawing for a manhole or a catch basin shall reference the plan page number and the structure number.” And as so amended Paragraph 7.16.B.1.b remains in effect. SC-700-78 ARTICLE S.C. 11.09 CHANGE PROPOSALS; CHANGE PROPOSAL PROCEDURES Amend the first sentence of Paragraph 11.09.B.1. of the General Conditions to read as follows: “Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than ten days) after the start of the event giving rise thereto, or after such initial decision. And as so amended Paragraph 11.09.B. remains in effect. ARTICLE S.C. 12.01 CLAIMS; SUBMITTAL OF CLAIM Amend the first sentence of Paragraph 12.01.B. of the General Conditions to read as follows: “The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than ten days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. And as so amended Paragraph 12.01.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. 13.03.E. ADJUSTMENTS IN UNIT PRICE ARTICLE G.C. 13.03.E. 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." SC-700-79 ARTICLE S.C. 14.02 TEST, INSPECTIONS, AND APPROVALS ARTICLE G.C. 14.02.B shall be amended by deleting this section in its entirety and substituting instead the following language: The project site sampling and testing of materials, called for hereinafter, shall be conducted by an independent testing laboratory approved by the Engineer, except as otherwise specified. All “Contractor” testing required by the SALT Schedule of Materials Control shall be paid for by the Contractor at all specified locations. All “Agency” and “Contracting Authority’s Representative” testing shall be ordered and paid for by the Owner. The Contractor shall provide whatever services are needed to sample materials and perform these tests at all specified locations. 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. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. The Contractor shall inform the Engineer when the construction item is ready to be tested. The Engineer may elect to delay the testing a reasonable amount of time to incorporate a larger area or quantity. All initial “Agency” tests at the specified locations shall be ordered by the Engineer and paid for by the Owner. Signed copies of all test reports shall be sent at once to the Engineer and the Contractor. These copies shall be received by the Engineer prior to authorizing the placement of any materials. The City is not responsible for delays caused by the testing laboratory. Should the specified tests fail to meet the requirements of the specifications, the Contractor shall take such additional tests at his expense as may be required to satisfy the Engineer that the materials conform to the specifications. The Contractor shall provide the Engineer with a letter from an approved testing laboratory indicating that all materials meet the requirements of the specifications and all tests as required have been completed according to specifications. Rejected materials shall immediately be removed from the site and shall not be used in the work. 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. Rejected materials shall immediately be removed from the site and shall not be used in the work. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. Density test will be by "Specified Density" method. SC-700-80 ARTICLE S.C. 14.03.D DEFECTIVE WORK; CORRECTION, REMOVAL AND REPLACEMENT Amend Paragraph 14.03.D. 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 14.03.D. remains in effect. ARTICLE S.C. 15.01 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 1½ 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. 15.06 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. 15.08.A CORRECTION PERIOD Amend the first sentence of Paragraph 15.08.A. of the General Conditions to read as follows: “If within two years after the date of substantial completion in utility trench areas and one year after the date of substantial completion for the remainder of the construction, or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if SC-700-81 the repair of any damages to the land or areas made available for CONTRACTOR’s use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii)satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom.” And as so amended Paragraph 15.08.A. remains in effect. ARTICLE S.C. 18 MISCELLANEOUS ADD: ARTICLE S.C. 18.11 NON -DISCRIMINATION TOWARD HANDICAPPED PERSONS Before final payment is made for work on this project, the Contractor shall submit a letter to the Owner stating that the Contractor's firm maintains a policy of non-discrimination towards persons with handicapped conditions. DIV I - GENERAL - PAGE 1 OF 13 DIVISION I GENERAL REQUIREMENTS (Revised 2014) DIV I - GENERAL - PAGE 2 OF 13 TABLE OF CONTENTS DIVISION I GENERAL REQUIREMENTS Page 1.General ................................................................................................................... 3 2 Scope of Work ........................................................................................................ 3 3.Description of Project ............................................................................................. 3 4.Work Sequence ...................................................................................................... 4 5.Award of Bids ......................................................................................................... 4 6.Preconstruction Conference ................................................................................ 4-5 7.Protection of Existing Facilities ............................................................................... 5 8.Construction Stakes -- Alignment and Grades ......................................................... 6 9.Inspection of Work ................................................................................................. 6 10.Rubber-Tired Equipment ..................................................................................... 6-7 11.Site Maintenance ................................................................................................. 7-8 12.Final Inspection ................................................................................................... 8-9 13.Sampling and Testing .............................................................................................. 9 14.Temporary Sanitary Facilities ................................................................................ 10 15.Protection of the Public ........................................................................................ 10 16.Traffic Provisions, Signing and Public Safety .......................................................... 10 17.Protection of Adjacent Properties .................................................................... 10-11 18.Air and Water Pollution ........................................................................................ 11 19.Construction Limits ............................................................................................... 11 20.Time of Work ........................................................................................................ 11 21.Liquidated Damages ............................................................................................. 11 22.Compensation for Increased or Decreased Quantities .......................................... 11 23.Partial Payments ................................................................................................... 11 24.Mobilization ......................................................................................................... 12 25.Dewatering ........................................................................................................... 12 26.Temporary Water ................................................................................................. 12 27.Special Provisions ................................................................................................. 13 DIV I - GENERAL - PAGE 3 OF 13 DIVISION I GENERAL REQUIREMENTS 1.GENERAL The General Conditions and Instructions to Bidders of the Work under contract as set forth in these Contract Documents shall apply to all work and materials furnished under these General Requirements and Technical Specifications except as may be hereinafter modified. 2.SCOPE OF WORK The Work to be carried out under these General Requirements shall include furnishing all labor, materials, tools, and equipment necessary for the construction of the proposed improvements, complete in place as described in these General Requirements. 3.DESCRIPTION OF PROJECT Work on this Project includes the following improvements: Continuous lining of sanitary sewer: LOCATION Length Size Material TAYLOR ST 2ND SEGMENT S OF 47TH AVE 280 8 VCP 45TH AVE 2ND SEGMENT W OF EASEMENT TO 45 1/2 262 8 VCP GOULD AVE E OF PETERS PL 280 8 VCP HEIGHTS DR N OF GOLF PL 450 8 VCP HEIGHTS DR S OF FAIRWAY DR 450 8 VCP E SIDE OF CHATHAM LN S OF GOLF PLACE 405 8 VCP W SIDE OF RESERVOIR BLVD 2ND SEGMENT S OF GOULD AVE 137 8 VCP W SIDE OF RESERVOIR BLVD S OF GOULD AVE 114 8 VCP W SIDE RESERVOIR BLVD N OF GOULD AVE 308 8 VCP W SIDE RESERVOIR BLVD S OF 40TH AVE 308 8 VCP W SIDE OF RESERVOIR BLVD N OF 40TH AVE 236 8 VCP E SIDE OF RESERVOIR BLVD N OF 40TH AVE 175 8 VCP 39TH AVE E OF HAYES ST 330 8 VCP CLEVELAND ST 2ND SEGMENT N OF 40TH AVE 278 10 VCP POLK ST S OF 40TH AVE 295 10 VCP EASEMENT E OF ULYSSES CIRCLE N OF 39TH AVE 124 8 VCP EASEMENT W OF HAYES ST N OF 39TH AVE 212 8 V/C ULYSSES ST 2ND SGEMENT COMING N FROM CIRCLE 223.5 8 VCP DIV I - GENERAL - PAGE 4 OF 13 ULYSSES ST 3RD SEGMENT COMING N FROM CIRCLE 210 8 VCP ULYSSES ST 1ST SEGMENT COMING N FROM CIRCLE 31.5 8 VCP POLK ST N OF 40TH AVE 385 8 VCP Lining Totals 5494 Alternate 1: Installation of main to service lateral connection liner 25 Each 4.WORK SEQUENCE The Sanitary Sewer Lining work shall be substantially completed on or before October 30, 2020. The project shall be ready for final inspection by November 30, 2020. The Main to Service Lateral Connection Liner Installation shall be substantially completed on or before May 1, 2021. The project shall be ready for final inspection by May 29, 2021. Substantial completion of sanitary sewer main lining and main to service lateral connection liner installation shall be defined as the lining work completed and post- lining written and video record of the work submitted to the City. Final completion shall be defined as the completion of all work as represented in the plans and specifications. Prior to the start of any work, as noted elsewhere in these Contract Documents, the Contractor shall submit in writing to the Engineer for approval, a schedule of procedure and after once approved, he shall not deviate from it without written permission from the Engineer. The schedule of procedure shall indicate the number of crews and men to be employed, locations of work for each crew, time schedule, work sequence, and moves and other pertinent information as required by the Engineer. The Contractor shall perform his work in such a manner as to cause the least interference with and delay to such other work as may be in progress at the time, by other contractors. 5.AWARD OF BIDS As noted in the Instructions to Bidders, the City Council will be considering Award of Bids of the work at its regular meeting on the date specified in the Advertisement for Bids. It is anticipated that the City Council will award the contract at that time. It should be noted that there will be no compensation for increased or decreased DIV I - GENERAL - PAGE 5 OF 13 quantities and the City reserves the right to reduce certain quantities or delete certain items from each section of the bids as the City considers the Award of Bids. 6.PRECONSTRUCTION CONFERENCE Prior to the start of the work, there will be a preconstruction conference arranged by the Engineer. Representatives of the Engineer and Contractor (including his project superintendent) shall be present at this meeting. At this meeting, the Contractor shall designate a competent project superintendent who shall be familiar with all phases of the work to be executed and who shall oversee the work during its progress. The project superintendent shall represent the Contractor in his absence, and communications and directions given by him shall be as binding as if given to the Contractor. Also at this meeting, the Contractor shall submit in writing to the Engineer for approval, a schedule of procedure indicating the order in which the Contractor proposes to perform the various stages of the work, the dates on which he will start the several salient features thereof (including procurement of materials, plant and equipment), and the contemplated dates for completing the same. This schedule shall be in the form of a bar chart of a suitable scale to indicate appropriately the percentage of work scheduled and completed by weekly intervals. The Contractor shall not deviate from said schedule after it has been approved without the permission of the Engineer. 7.PROTECTION OF EXISTING FACILITIES A.Every effort has been made to position and dimension all existing City utilities on the plans. The information was obtained from the City’s Engineering Department. The Owner does not guarantee the locations as shown on the plans. It is the Contractor’s responsibility to ascertain the final location of these utilities by field verification (including municipal water and sewer lines and appurtenances), and to notify the utility companies, or affected agency, a minimum of 72 hours prior to the commencement of work in each area. The Contractor shall notify the Engineer of any conflict between the existing utilities and the proposed construction. The Engineer in cooperation with utility companies, shall determine the necessity for any relocation of these utilities. B.The Contractor shall protect all existing utilities and facilities so that they will continue to function in their proper manner both during construction and in the future. Any supporting structure that may be required because of the Contractor's operations shall be provided by him. DIV I - GENERAL - PAGE 6 OF 13 The Contractor shall bring to the attention of the Engineer any conditions such as sand in manholes or valve boxes existing prior to the Contractor's excavation. Once excavation has commenced, it will be assumed that all damage to underground utilities has been caused by the Contractor's operations and it will be his responsibility to make the necessary repairs. 8.CONSTRUCTION STAKES -- ALIGNMENT AND GRADES All work under this Contract shall be constructed in accordance with lines and grades shown on the drawings and as established by the Engineer. These lines and grades may be modified by the Engineer as provided in the General Conditions. The Contractor shall render such assistance to the Engineer as may be required to accomplish the staking for proper execution of the work. The Contractor shall give the Engineer sufficient notice (two working days or more) of his need for the establishment of line and grade. After lines and grades for any part of the work have been set by the Engineer, the Contractor shall be held responsible for the proper execution of the work to such lines and grades until their removal is authorized by the Engineer. The Contractor shall, at his own expense, correct any mistakes caused by their unauthorized disturbance or removal. The Engineer may require that work be suspended at any time when, for any reason, such marks cannot be properly followed. No additional compensation shall be allowed the Contractor for any claims of crews being held up because of lack of line and grade stakes unless he has submitted a written request to the Engineer at least two working days in advance and is following a previously approved schedule of work. The Contractor shall assume full responsibility for all measurements made by him from the stakes and marks so established. The Contractor shall be responsible for the preservation of all stakes and marks, and if any of the construction stakes or marks have been carelessly or willfully destroyed or disturbed by his forces, the cost of replacing them will be charged against him and will be deducted from the payment for the work. 9.INSPECTION OF WORK A.The Owner shall have the right to inspect the work at the job and storage site(s). The Contractor shall facilitate access to the work for the purpose of said inspection. DIV I - GENERAL - PAGE 7 OF 13 B.Defects or departures from the Contract Documents uncovered during inspections shall be corrected by the Contractor at his expense. 10.RUBBER-TIRED EQUIPMENT The Contractor shall provide and use only rubber-tired dozers, front-end loaders and other necessary equipment, other than the paving machine, on all work where street pavement or portions of pavement are undisturbed. All such pavements shall be protected as the Engineer may direct. No compensation will be allowed the Contractor for replacement of damaged street pavements or utilities not scheduled for replacement. 11.SITE MAINTENANCE Maintenance of the streets and areas under construction, detours, by-passes and equipment yards used in conjunction with the project shall be the responsibility of the Contractor. Said maintenance shall include keeping the right-of-way free of obstacles and parked equipment, blading the traveled ways, and controlling the dust/debris in and around the construction area. The maintenance responsibility herein described shall be inherent to the Contractor and shall be applicable at all times, including weekends, throughout the construction period. The Contractor shall provide periodic inspection of the project, particularly during and after storms, to maintain blinker and barricades, provide dust and erosion control and general maintenance. If the Contractor is negligent in this respect, the City reserves the right to perform this work with its own forces at overtime rates. Keeping right-of-way free of obstacles and parked equipment Site maintenance shall include keeping streets, boulevards, and sidewalks free of obstacles, such as street signs, construction materials, barricades that are not in use, debris and parked equipment. The Contractor shall remove all debris associated with the items of work included under this Contract. This debris shall be removed upon completion of each phase of the work or at such other times as may be necessary for coordination of the work of the Owner or others, the safety of employees, and the public or as required by applicable codes and regulations. No dumpsters are permitted at the construction site. Should the Contractor not remove rubbish or debris or not cleanup the site as specified above, the Owner reserves the right to have this work done by others and DIV I - GENERAL - PAGE 8 OF 13 charge the Contractor for the expense of said work. Needed equipment shall be parked on the street under construction. Private vehicles shall be parked outside the project area. Controlling dust/debris in and around the construction area The construction area must be cleaned up daily. When dust becomes or appears to be becoming a nuisance or problem to the area or nearby residents, it shall be the responsibility of the Contractor to immediately alleviate the undesirable conditions. Streets in the area not under construction shall be kept free of construction materials, dirt, and other undesirable material. Once excavation has commenced, the City shall notify the Contractor when adjacent streets or alleys require sweeping. The contractor shall sweep said streets or alleys within 24 hours of the notice. The costs of such work will be charged to the Contractor. Section 2130 of the specifications is hereby amended to provide that the Contractor shall furnish and apply all water necessary on the project, including water used as dust palliative, washing of equipment, etc., and that such water shall be considered as an incidental item to the Contract and no direct payment will be made therefore. If the Contractor elects, he may use water from the City's water distribution system at no charge, provided he makes suitable arrangements with the Water Department. Water from private sources may be used only if permission has been granted by the property owner. Disregard of this provision shall be cause for suspension of the project until the Contractor can show evidence that men have hired specifically to perform the above work and will be on the project at all times. Where materials or debris have washed or flowed into or have been placed in ditches, gutters, drains, catch basins or elsewhere as a result of the Contractor's operations, such material or debris shall be removed and satisfactorily disposed of during progress of the work. All ditches, channels, drains, etc., shall be kept in clean and neat conditions. Temporary Haul Roads The Contractor shall be responsible for construction of all necessary temporary haul roads required to complete the required excavation and disposal. Construction of temporary haul roads shall also include placement of necessary granular material over existing bituminous roadway surfaces. This material shall be of sufficient depth to allow for protection of existing bituminous surfaces. Construction of necessary DIV I - GENERAL - PAGE 9 OF 13 haul roads shall be considered an incidental item to other construction items and no direct compensation will be made. 12.FINAL INSPECTION Upon written notice from the Contractor that the project is completed, the Engineer will make a preliminary inspection with the Contractor present. Upon completion of this preliminary inspection the Engineer will notify the Contractor, in writing, of any particulars in which this inspection reveals that the work is defective or incomplete. Upon receiving the written notice from the Engineer, the Contractor shall immediately undertake the work required to remedy defects and complete the project to the satisfaction of the Engineer. When the Contractor has corrected or completed the items as listed in the Engineer's Written Notice, he shall inform the Engineer, in writing, that the required work has been completed. Upon receipt of this notice, the Engineer, in the presence of the Contractor shall make his final inspection of the project. Should the Engineer find all work satisfactory at the time of this inspection, the Contractor will be allowed to make application for final payment in accordance with the provisions of the Contract Documents. Should the Engineer still find dissatisfaction with the work, the Engineer will inform the Contractor of the deficiencies and will deny the Contractor's request for final payment, until such time as the Contractor has satisfactorily completed the required work. 13.SAMPLING AND TESTING The sampling and testing of materials, called for hereinafter, 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. 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 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. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. These tests will be paid for by the Contractor and shall be considered incidental to DIV I - GENERAL - PAGE 10 OF 13 the cost of construction. The Contractor shall take such additional tests at his expense as may be required to satisfy the Engineer that the specified density has been obtained or that the material conforms to the specifications should the specified tests fail to meet the requirements of the specifications. The Contractor shall provide the Engineer with a letter from an approved testing laboratory indicating that all materials meet the requirements of the specifications and all tests, as required, have been completed according to specifications. 14.TEMPORARY SANITARY FACILITIES The Contractor shall furnish and maintain a temporary closet or privy of a type and a location approved by the Engineer. Any person working on the project shall be allowed to use the facility. The facility shall be removed when directed by the Engineer. 15.PROTECTION OF THE PUBLIC The Contractor shall provide all necessary barricades, fences and other protection as required for the proper execution of the work and for the protection of his employees, employees of the Owner, and other personnel according to all Federal, State, and Local regulations. This provision shall be incidental to the construction and no direct compensation will be paid therefor. 16.TRAFFIC PROVISIONS, SIGNING AND PUBLIC SAFETY A.MNDOT 1404 and 1710 shall apply except as supplemented below: 1.All work under this Contract which may affect traffic shall be coordinated with the Engineer so as to provide reasonable traffic access to the area under construction. The Engineer reserves the right to require immediate backfilling of any street area which the Engineer deems to be in the best interests of traffic circulation within the City. The Contractor shall be responsible to maintain the backfilled trench in a condition to allow the passage of traffic until such time as restoration or reconstruction of the surface. No additional compensation will be paid for this maintenance. 2.The Contractor shall furnish, erect, and maintain warning lights and barricades as required by the Engineer to adequately warn and protect pedestrian and vehicular traffic from hazardous protrusions, materials, excavations, etc., resulting directly or indirectly from the construction. No payment will be made therefore. These lights, signs, etc., shall be placed by the Contractor in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD). DIV I - GENERAL - PAGE 11 OF 13 3.At all times the Contractor shall prosecute his work in a manner which will allow access to all areas within the project by police and fire equipment. 17.PROTECTION OF ADJACENT PROPERTIES The Contractor shall take whatever steps are necessary to protect adjoining properties and structures from hazards in connection with his performance of the work. The Contractor shall be responsible for all damages to properties and structures that occur as a result of his operations. 18.AIR AND WATER POLLUTION Pollution of natural resources of air, land, and water by operations under this Contract shall be prevented, controlled and abated in accordance with the rules, regulations, and standards adopted and established by the Minnesota Pollution Control Agency. The Contractor shall be responsible for dust control as an incidental item. 19.CONSTRUCTION LIMITS The Contractor shall confine operations to the limits of the construction area. Prior to beginning work, it is the intent of the City to have obtained the necessary rights- of-way and easements. The Contractor shall contact the Engineer and obtain permission before storing, stockpiling, building haul roads, excavation, etc., outside of the right-of-way. 20.TIME OF WORK The Contractor shall notify the Owner in advance of all times when men and equipment are to work on this construction. In accordance with ordinances of the City of Columbia Heights, no work on this project shall take place between the hours of 7:00 p.m. and 7:00 a.m. and any time on Sundays, unless permission has been granted by the Owner. 21.LIQUIDATED DAMAGES Section 1807.2, Wavier of Liquidated Damages, is amended by eliminating the second paragraph in its entirety. Liquidated damages will accrue during the period from November 1st to April 15th inclusive, if the work has not been completed according to the stipulated schedule for substantial and final completion. 22.COMPENSATION FOR INCREASED OR DECREASED QUANTITIES Delete Paragraphs 1 through 3, MnDOT Section 1903 and substitute the following: DIV I - GENERAL - PAGE 12 OF 13 "There will be no adjustment in unit price for increased or decreased quantities under this Contract." 23.PARTIAL PAYMENTS Quantities for each street shall be recorded by the Contractor and submitted to the Engineering Department prior to request for partial payment. 24.MOBILIZATION A.This item shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the Project site; for the establishment of all Contractor offices and buildings or other facilities necessary for work on the Project. B.Progress payment amounts for mobilization will be determined by the percentage of the total contract completed based on the following schedule: % OF CONTRACT Completed % of Item Paid 10% 50% 50% 75% 100% 100% 25.DEWATERING The Contractor shall provide excavation dewatering as necessary to allow for construction on stable foundation all at the expense of the Contractor. Dewatering operations may be controlled by permit from the DNR or other agencies. The Contractor is responsible for application for any necessary permits and compliance with all conditions to permits. The cost of all dewatering shall be incidental to the utility construction operation. 26.TEMPORARY WATER Water for new construction purposes may be obtained from the City. The Contractor shall make suitable arrangements with the Water Department for the location where water may be obtained. The City will not charge for water for all normal requirements, but reserves the right to charge the costs of any water which is used over these normal requirements; such cost to be charged to the contractor. DIV I - GENERAL - PAGE 13 OF 13 DIVISION I SPECIAL PROVISIONS - GENERAL REQUIREMENTS 27.SPECIAL PROVISIONS 2.SCOPE OF WORK The Contractor shall be required to obtain the necessary permits to work within Mn/DOT Trunk Highway (TH) and Anoka County right-of-way. 16.TRAFFIC PROVISIONS, SIGNING AND PUBLIC SAFETY Traffic shall be maintained in accordance with MnDOT 1404 and traffic control devices shall be furnished in accordance with MnDOT 1710 and the following: The Contractor shall furnish, install, maintain and remove all traffic control devices in accordance with the Traffic Control Layouts/Typical Traffic Control Layouts in the Plans (if applicable), these Special Provisions, and the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) C including the most recent edition of the Field Manual for temporary traffic control zone layouts. The Engineer will have the right to modify the requirements for traffic control as he/she deems necessary due to existing field conditions. Special Project Requirements: A.Notification of Lane or Street Closures to Public Safety Departments The Contractor shall contact the Fire and Police Departments prior to commencement of work and shall file with them the name of the contractor, name and emergency phone number of superintendent or person in charge, and location of the work area. Prior to blocking any traffic lanes or streets, notification of both the Fire and Police Departments shall be coordinated through the Engineering Department. B.Pedestrian Access During the progress of construction, the Contractor shall provide safe passage for pedestrians. 24.MOBILIZATION Mobilization shall be considered incidental to the contract and no direct compensation will be paid therefor. CITY ENGINEERS ASSOCIATION OF MINNESOTA STANDARD SPECIFICATIONS 2600 Trench Excavation and Backfill/Surface Restoration 2611 Watermain and Service Line Installation 2621 Sanitary Sewer and Storm Sewer Installation 2631-CIPPS Sewer Pipe Rehabilitation - Cured In Place Pipe Systems 2641 – Pipeline Rehabilitation - Pipe Bursting Method 2018 Edition NOTE: CITY OF COLUMBIA HEIGHTS' SPECIAL PROVISIONS HAVE BEEN ADDED AT THE ENDSECTION 2631, AS SHOWN IN THE TABLE OF CONTENTS. DIVISION II 2621.5 BASIS OF PAYMENT ........................................................................................................................ 59  SECTION 2631 CIPPS – STANDARD SPECIFICATIONS FOR SANITARY SEWER AND STORM SEWER PIPE REHABILITATION WITH CURED IN-PLACE PIPE SYSTEMS (CIPPS).............................................................................................................................. 61  2631.1 CIPPS DESCRIPTION ....................................................................................................................... 61  A General ........................................................................................................................................................ 61  B Qualifications ............................................................................................................................................ 62  B1 Manufactured Products and Installation ........................................................................................... 62  2631.2 CIPPS MATERIALS ........................................................................................................................... 63  A General ........................................................................................................................................................ 63  A1 CIPPS Fabric Tube .................................................................................................................................. 63  A2 CIPPS Structural Requirements .............................................................................................................. 64  A3 Material Testing Requirements ........................................................................................................... 66  2631.3 CIPPS CONSTRUCTION REQUIREMENTS .................................................................................... 66  A Installation of CIPPS ................................................................................................................................ 66  A1 Access ....................................................................................................................................................... 66  A2 Water Usage ............................................................................................................................................. 66  A3 Cleaning of Sewer Lines ....................................................................................................................... 67  A4 Bypassing Wastewater .......................................................................................................................... 67  A5 Inspection of Pipelines .......................................................................................................................... 67  A6 Line Obstructions ................................................................................................................................... 68  A7 Public Notification .................................................................................................................................. 68  A8 Liner Installation...................................................................................................................................... 68  A9 Resin Impregnation ................................................................................................................................ 69  A10 Cool Down .............................................................................................................................................. 69  A11 Finishing Operations ........................................................................................................................... 70  A12 Manhole Connections .......................................................................................................................... 70  A13 Reconnections of Existing Services ................................................................................................ 71  A14 CIPP Short-Liner ................................................................................................................................... 71  B TESTING AND INSPECTION .................................................................................................................. 72  B1 Testing ....................................................................................................................................................... 72  B2 Inspection ................................................................................................................................................. 72  B3 Televising .................................................................................................................................................. 72  2631.4 CIPPS METHOD OF MEASUREMENT ............................................................................................ 73  2631.5 CIPPS BASIS OF PAYMENT ............................................................................................................ 73  SECTION 2641 – STANDARD SPECIFICATIONS FOR PIPELINE REHABILITATION BY PIPE BURSTING .......................................................................................................................... 74  2641.1 DESCRIPTION ................................................................................................................................... 74  A General ........................................................................................................................................................ 74  2641.2 QUALIFICATIONS ............................................................................................................................. 74  2641.3 MATERIALS ....................................................................................................................................... 74  TABLE OF CONTENTS 2631.6 SPECIAL PROVISIONS...........................................................(Separate Numbering) 2631.6 SP12631.6 SPECIAL PROVISIONS....................................................(Separate Numbering) 2631.6 SP1-SP3 Page 61 SECTION 2631 CIPPS – STANDARD SPECIFICATIONS FOR SEWER PIPE REHABILITATION WITH CURED IN-PLACE PIPE SYSTEMS (CIPPS) 2631.1 CIPPS DESCRIPTION A General This work shall consist of the rehabilitation of pipelines and conduits by the installation of a resin-impregnated flexible tube Cured-In-Place Pipe System (CIPPS). The rehabilitation of pipelines shall be constructed by the installation of a resin-impregnated flexible tube which, when cured, shall be continuous and tight-fitting throughout the entire length of the original pipe. The CIPP shall extend the full length of the original pipe and provide a structurally sound, joint less and watertight new pipe within the existing pipe. The Contractor is responsible for proper, accurate and complete installation of the CIPP using the system selected by the Contractor. Neither the CIPP system, nor its installation, shall cause adverse effects to any downstream facilities. The use of the product shall not result in the formation or production of any detrimental compounds or by-products that may affect downstream structures, pups, pipe, equipment and wastewater treatment facilities. The Contractor shall notify the Engineer and identify any by- products produced as a result of the installation operations, test and monitor the levels, and comply with any and all local waste discharge requirements. The Contractor shall cleanup, restore existing surface conditions and structures, and repair any of the CIPP system determined to be defective. The Contractor shall conduct installation operations and schedule cleanup in a manner to cause the least possible obstruction and inconvenience to traffic, pedestrians, businesses, and residents. The use of the term "Plans, Specifications, and Special Provisions" within this specification shall be construed to mean those documents which compliment, modify, or clarify these specifications and are an enforceable component of the Contract Documents. All references to MnDOT Specifications shall mean the latest published edition of the Minnesota Department of Transportation “Standard Specifications for Construction”, and all supplements and amendments thereto, published prior to the date of advertisement for bids. All references to other Specifications of AASHTO, ASTM, ANSI, AWWA, etc. shall mean the latest published edition available on the date of advertisement for bids. The following specifications have been referenced in this Specification: ASTM F1216 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin-Impregnated Tube ASTM F1743 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by Pulled- in-Place Installation of Cured-in-Place Thermosetting Resin Pipe (CIPP) ASTM D543 Standard Practice for Evaluating the Resistance of Plastics to Chemical Reagents ASTM D638 Standard Test Method for Tensile Properties of Plastics ASTM D790 Standard Test Methods for Flexural Properties of Un-reinforced and Reinforced Plastics and Electrical Insulating Materials ASTM D792 Standard Test Methods for Density and Specific Gravity of Plastics by displacement. Page 62 ASTM F2019 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Pulled in Place Installation of Glass Reinforced Plastic (GRP) Cured-in- Place Thermosetting Resin Pipe (CIPP) ASTM D2122 Standard Test Method for Determining Dimensions of Thermoplastic Pipe and Fittings ASTM D2990 Standard Test Methods for Tensile, Compressive, and Flexural Creep and Creep- Rupture of Plastics ASTM D5813 Standard Specification for Cured-in Place Thermosetting Resin Sewer Piping Systems B Qualifications The Contractor shall be responsible for all aspects of the design of the liner pipe. The Contractor shall guarantee that the installed liner is capable of sustaining outside loads, resist chemical attack that normally occurs in sanitary and storm sewer systems, and will maintain hydraulic characteristics over a fifty (50) year design life. Unless provided otherwise in the plans or Special Provisions, the existing sewer pipe shall be considered to be in a fully deteriorated condition, is not structurally sound, and cannot support soil and live loads. The cured-in-place pipe shall be designed to support hydraulic, soil, and live loads. The sewer products are intended to have a fifty (50) year or greater design life, and in order to minimize the Owner’s risk, only proven products with substantial successful long term track records will be approved. B1 Manufactured Products and Installation Contractors must meet all of the following criteria: a.For a Product to be considered acceptable, a minimum of 100,000 linear feet or two hundred fifty (250) manhole-to-manhole line sections of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of the Engineer. In addition, at least 50,000 linear feet of the product shall have been in successful service within the State for a minimum of five (5) years. b.The Contractor’s personnel must satisfy all insurance, financial, and bonding requirements of the Owner, and must have had at least 5 (five) years active experience in the commercial installation of the product bid. In addition, the Contractor’s personnel must have successfully installed at least 100,000 feet of the same product bid. The Field Supervisor/Foreman shall have a minimum five (5) years as a foreman/superintendent for a cured-in-place lining crew (installing actual product included with this bid/proposal), and a minimum of 100,000 lineal feet of cured-in-place lining, diameters up to and including twenty-four inches (24") installed under his/her supervision. Such experience shall include the actual product, by trade name, Contractor proposes to install. Acceptable documentation of these minimum installations must be submitted to the Engineer. Page 63 c.Sewer rehabilitation products submitted for approval must provide Third Party Test Results supporting the long-term performance and structural strength of the product and such data shall be satisfactory to the Engineer. Test samples shall be prepared so as to simulate installation methods and trauma of the product. No product will be approved without independent third party testing verification. 2631.2 CIPPS MATERIALS A General All materials required for this work shall be new material conforming to requirements of the referenced specifications for the class, kind, type, size, grade, and other details indicated in the Contract. Unless otherwise indicated, all required materials shall be furnished by the Contractor. If any options are provided for, as to type, grade, or design of the material, the choice shall be limited as may be stipulated in the Plans, Specifications, or Special Provisions. All manufactured products shall conform in detail to such standard design drawings as may be referenced or furnished in the Plans. Otherwise, the Owner may require advance approval of material suppliers, product design, or other unspecified details as it deems desirable for maintaining adopted standards. All materials shipped to the project site shall be accompanied by test reports certifying that the material conforms to the ASTM standards listed herein. Materials shall be shipped, stored, and handled in a manner consistent with written recommendations of the CIPP manufacturer to avoid damage. Damage includes but is not limited to, gouging, abrasion, flattening, cutting, puncturing, and ultra-violet (UV) degradation. All damaged materials shall be promptly removed from the project site at no cost to the Owner. On site material storage locations shall be approved by the Engineer. A1 CIPPS Fabric Tube The CIPPS fabric “Tube” shall consist of one or more layers of absorbent non-woven felt fabric, felt/fiberglass or fiberglass and meet the requirements of ASTM F 1216, ASTM F 1743, ASTM D5813 & ASTM F2019. The fabric Tube shall be capable of absorbing and carrying resins, manufactured to withstand installation pressures and curing temperatures, have sufficient strength to bridge missing pipe segments, and stretch to fit irregular pipe sections. The fabric Tubes shall have a uniform thickness that when compressed at installation pressures will equal the specified nominal tube thickness. The wet-out fabric tube shall have a uniform thickness and excess resin distribution that when compressed at installation pressures will meet or exceed the design thickness after cure. The fabric tube shall be manufactured to a size and length that when installed will tightly fit the internal circumference and length of the original pipe. Allowance shall be made for circumferential stretching during installation. The tube shall be properly sized to the diameter of the existing pipe and the length to be rehabilitated and be able to stretch to fit irregular pipe sections and negotiate bends. The Contractor shall determine the minimum tube length necessary to effectively span the designated run between manholes. The Contractor shall verify the lengths in the field prior to ordering and prior to impregnation of the tube with resin, to ensure that the tube will have sufficient length to extend the entire length of the run. The Page 64 Contractor shall also measure the inside diameter of the existing pipelines in the field prior to ordering liner so that the liner can be installed in a tight-fitted condition. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be allowed. The minimum length of the fabric tube shall be that deemed necessary by the installer to effectively span the distance from the starting manhole to the terminating manhole or access point, plus that amount required to run-in and run-out for the installation process. The outside and/or inside layer of the fabric tube (before inversion/pull-in, as applicable) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate, if applicable, vacuum impregnation and monitoring of the resin saturation during the resin impregnation (wet-out) procedure. No material shall be included in the fabric tube that may cause de-lamination in the cured CIPP. No dry or unsaturated layers shall be acceptable upon visual inspection as evident by color contrast between the felt fabric and the activated resin containing a colorant. The tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No materials shall be included in the tube that is subject to delamination in the CIPPS. The wall color of the interior pipe surface of CIPP after installation shall be a light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. The hue of the color shall be dark enough to distinguish a contrast between the fully resin saturated felt fabric and dry or resin lean areas. Seams in the fabric tube, if applicable, shall meet the requirements of ASTM D5813. The outside of the fabric tube shall be marked every five feet (5') with the name of the manufacturer or CIPP system, manufacturing lot and production footage. The nominal fabric tube wall thickness shall be constructed to the nearest 0.5 mm increment, rounded up from the design thickness for that section of installed CIPP. Wall thickness transitions, in 0.5 mm increments or greater as appropriate, may be fabricated into the fabric tube between installation entrance and exit access points. The quantity of resin used in the impregnation shall be sufficient to fill all of the felt voids for the nominal felt thickness. The resin shall be a corrosion resistant polyester or vinyl ester resin and catalyst system that when properly cured within the tube composite meets the requirements of ASTM F1216, ASTM F1743 or F2019, the physical properties herein, and those, which are to be utilized in the design of the CIPP for this application. The resin shall produce CIPP which will comply with or exceed the structural and chemical resistance requirements of this specification. A2 CIPPS Structural Requirements The physical properties and characteristics of the finished liner will vary considerably, depending on the types and mixing proportions of the materials used, and the degree of cure executed. It shall be the responsibility of the Contractor to control these variables and to provide a CIPP system which meets or exceeds the minimum properties specified herein: Page 65 (1)The CIPP shall be designed as per ASTM standards. The CIPP design shall assume no bonding to the original pipe wall. (2)The design engineer shall set the long term (fifty (50) year extrapolated) Creep Retention Factor at thirty three percent (33%) of the initial design flexural modulus as determined by ASTM D-790 test method. This value shall be used unless the Contractor submits long term test data (ASTM D2990) to substantiate a higher retention factor. (3)The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any two (2) layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field samples, new samples will be cut from the work. Any reoccurrence may cause rejection of the work. Minimum Physical Properties: The cured pipe material (CIPP) shall, at a minimum, meet or exceed the structural properties, as listed in the table below. Property Test Method Cured Composite Per ASTM F1216 Cured Composite Per Design Flexural Modulus of Elasticity (Short Term) ASTM D790 250,000 Psi Contractor Value Flexural Strength (Short Term) ASTM D7904,500 PsiContractor Value The required structural CIPP wall thickness shall be based as a minimum, on the physical properties listed above and in accordance with the Design Equations in the appendix of ASTM F 1216, and the following design parameters: Design Safety Factor 2.0 (1.5 For Pipes 36” Or Larger) Creep Retention Factor 33% Ovality 2% Or As Measured By Field Inspection Constrained Soil Modulus Per AASHTO LRFD Section 12 And AWWA Manual M45 Groundwater Depth As Specified Or Indicated On The Plans Soil Depth (Above The Crown) As Specified Or Indicated On The Plans Live Load H20 Highway Soil Load (Assumed) 120 Lb/Cu. Ft. Minimum Service Life 50 Years The Contractor shall submit, prior to installation of the lining materials, certification of compliance with these specifications and/or the requirements of the pre-approved CIPP system. Certified material test results shall be included that confirm that all materials conform to these specifications. Materials not complying with these requirements will be rejected. CIPP Short-Liners or segmental liners shall be of the same materials and meet the structural requirements of the full CIPP Tube liner. Page 66 A3 Material Testing Requirements (1)Chemical Resistance - The CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical testing requirements. (2)Hydraulic Capacity - Overall, the hydraulic profile shall be maintained as large as possible. The CIPP shall have a minimum of the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. (3)CIPP Field Samples - When requested by the Owner, the Contractor shall submit test results from field installations in the USA of the same resin system and tube materials as proposed for the actual installation. These test results must verify that the CIPP physical properties specified in above have been achieved in previous field applications. Samples for this project shall be made and tested as described herein. 2631.3 CIPPS CONSTRUCTION REQUIREMENTS The Contractor shall clean the interior of the existing host pipe prior to installation of the CIPP liner. All debris and obstructions that will affect the installation and the final CIPP product shall be removed and disposed of. The CIPP liner shall be constructed of materials and methods, that when installed, shall provide a joint less and continuous structurally sound liner able to withstand all imposed static and dynamic loads on a long-term basis. A Installation of CIPPS A1 Access It will be the responsibility of the Owner to locate and designate all manhole access points open and accessible for the work, and provide rights of access to these points. If a street must be closed to traffic because of the orientation of the sewer, the Contractor shall institute the actions necessary to do this for the mutually agreed time period. Traffic Control shall be the responsibility of the Contractor and shall conform to the latest revision of the MMUTCD and other provisions of this specification herein. The Contractor shall keep the roadway open to traffic at all times unless given prior approval by the Engineer. A2 Water Usage Water is available from the City at designated locations for cleaning, inversion, and other work items requiring water. Use of an approved double check backflow assembly shall be required. The Contractor shall provide his own approved assembly. The Contractor may use City water but shall inform the Public Works Department of such use and obtain a meter for documenting water usage. No fees will be charged for water. Page 67 A3 Cleaning of Sewer Lines The Contractor shall remove all internal debris from the pipe line that will interfere with the installation and the final product delivery of the CIPP as required in these specifications. Solid debris and deposits shall be removed from the system and disposed of properly by the Contractor. Moving material from manhole section to manhole section shall not be allowed. As applicable the contractor shall either plug or install a flow bypass pumping system to properly clean the pipe lines. The Contractor shall ensure that no debris is transferred downstream during cleaning operations. The Contractor shall use a vacuum vehicle or similar means to remove debris during cleaning operations. Precaution shall be taken, by the Contractor in the use of cleaning equipment to avoid damage to the existing pipe. The repair of any damage, caused by the cleaning equipment, shall be the responsibility of the Contractor. Disposal of the cleaning debris shall be in accordance with local, State and Federal Law and shall be incidental to the CIPPS. A4 Bypassing Wastewater The Contractor shall provide a by-pass for the flow of existing mainline and service connection effluent around the section or sections of pipe designated for CIPP installation. Installation of the liner shall not begin until the Contractor has installed a sewage by-pass system and all pumping facilities have been installed and tested under full operating conditions including the bypass of mainline and side sewer flows. Once the lining process has begun, existing sewage flows shall be maintained, until the resin/felt tube composite is fully cured, cooled down, fully televised and the CIPP ends finished. The Contractor shall coordinate sewer bypass and flow interruptions with the Engineer at least fourteen (14) days in advance and with the property owners and businesses at least three (3) business days in advance. The pump and bypass lines shall be of adequate capacity and size to handle peak flows. The Contractor shall submit a detail of the bypass plan and design to the Engineer prior to proceeding with any CIPP installation. Compensation for by-pass pumping and all associated plans and approvals shall be included in the price bid for CIPPS Installation. A5 Inspection of Pipelines Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles, and service connections by closed circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions which may prevent proper installation of the CIPPS into the pipelines and it shall be noted so that these conditions can be corrected. A video and suitable log shall be kept for later reference by the Owner. The Owner has copies of a video inspection of the sewers to be relined, and these are available for prospective bidders. However, since the deterioration of sewer is an ongoing process, and roots, solids, and deposits can accumulate over time, the Contractor shall base the design of the liner on inspections made immediately prior to installation. Page 68 A6 Line Obstructions It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of CIPP. If pre-installation inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that will prevent the inversion process, that was not evident on the pre-bid video and it cannot be removed by conventional sewer cleaning equipment, if directed by the Owner, the Contractor shall make a point repair excavation to uncover and remove or repair the obstruction. Such excavation shall be approved in writing by the Owner's representative prior to the commencement of the work and shall be considered as a separate pay item. A7 Public Notification The Contractor shall make every effort to maintain service usage throughout the duration of the project. In the event that a service will be out of service, the maximum amount of time of no service shall be eight (8) hours for any property served by the sewer. A public notification program shall be implemented, and shall as a minimum, require the Contractor to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted, and when the sewer will be off-line. The Contractor shall also provide the following: (1)Written notice to be delivered to each home or business the day prior to the beginning of work being conducted on the section, and a local telephone number of the Contractor they can call to discuss the project or any problem which could arise. (2)Personal contact with any home or business, which cannot be reconnected within the time stated in the written notice. (3)Notification shall include advisory statements to the resident that: a.To minimize odor problems during the installation of CIPP, residents should be advised to ensure that their sewer traps are in a proper state of repair. In cases of damaged, dry, or non-existent traps, the areas or rooms where floor drains or access to traps are located should be ventilated, if possible, by leaving doors or windows open to the outside during the CIPP installation process. The Contractor shall be responsible for confirming the locations of all branch service connections prior to installing and curing the CIPP. A8 Liner Installation CIPP installation shall be in accordance with the applicable ASTM standards with the following modifications: (1)The wet-out tube shall be positioned in the pipeline using the method specified by the manufacturer. Care should be exercised not to damage the tube as a result of installation. The tube should be pulled-in or inverted through an existing manhole or approved access point and fully extend to the next designated manhole or termination point. If pulled into place, a power winch should be utilized, and care should be exercised not to damage the tube as a result of pull-in friction. Page 69 (2)Prior to installation and as recommended by the manufacturer remote temperature gauges or sensors shall be placed inside the host pipe to monitor the temperatures during the cure cycle. Liner and/or host pipe interface temperature shall be monitored and logged during curing of the liner. (3)Curing shall be accomplished by utilizing the appropriate medium in accordance with the manufacturer’s recommended cure schedule. The curing source or in and output temperatures shall be monitored and logged during the cure cycles. The manufacturer’s recommended cure schedule shall be used for each line segment installed, and the liner wall thickness and the existing ground conditions with regard to temperature, moisture level, and thermal conductivity of soil, per ASTM as applicable, shall be taken into account by the Contractor. (4)The Contractor shall remove protruding taps to the inside wall of the pipe. In no case shall the pipe be less than ninety five percent (95%) open to flow. A9 Resin Impregnation The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. A vacuum impregnation process shall be used. To insure a through wet-out, the point of vacuum shall be no further than twenty-five feet (25') from the point of initial resin introductions. After vacuum in the tube is established, the vacuum points shall be no further than seventy-five feet (75') from the leading edge of the resin. The leading edge of the resin slug shall be as near to perpendicular to the longitudinal axis of the tube as possible. A roller system shall be used to uniformly distribute tie resin throughout the tube. If the Installer proposes an alternate method of resin impregnation, the method must produce the same results and the method approved by the Engineer. A10 Cool Down The Contractor shall cool the CIPP in accordance with the manufacturer’s recommendations. Temperatures and curing data shall be monitored and recorded, by the Contractor, throughout the installation process to ensure that each phase of the process is achieved as approved in accordance with the CIPP System manufacturer’s recommendations. Proper curing and handling of CIPP systems shall be done using the following guidelines for discharge of by-products: Water Curing Method: Sanitary Sewers (1)Release process water to the sewer after per industry standards during/after cool- down. Storm Sewers and Culverts (1)Based upon receiving waterway’s assimilative capacity a.Discharge water when cooled to ambient air temperature b.Discharge water once styrene concentration is confirmed to be at or below 25ppm; or, c.Transport process water to nearest wastewater treatment facility Page 70 Steam Curing Method: Sanitary Sewers (1)Release condensate water directly to receiving sewer while processing Storm Sewers and Culverts (1)Based upon receiving waterway’s assimilative capacity a.Detain condensate in a lined holding pond until it cools to ambient b.Discharge water once styrene concentration is confirmed to be less than 25ppm; or c.Retrieve condensate by pumping it into the steam generation truck’s reservoir; or d.Transport condensate to nearest wastewater treatment facility. A11 Finishing Operations The installed CIPP shall be continuous over the entire length of a sewer line section and be free from visual defects such as foreign inclusions, dry spots, pinholes, major wrinkles and delamination. The lining shall be impervious and free of any leakage from the pipe to the surrounding ground or from the ground to inside the lined pipe. Any defect, which will or could affect the structural integrity or strength of the linings, shall be repaired at the Contractor’s expense. The beginning and end of the CIPP shall be sealed to the existing host pipe. The sealing material shall be compatible with the pipe end and shall provide a watertight seal. If any of the service connections leak water between the host pipe and the installed liner, the connection mainline interface shall be sealed to provide a watertight connection. If the wall of the CIPP leaks, it shall be repaired or removed and replaced with a watertight pipe as recommended by the manufacture of the CIPP system. At all points where the liner pipe has been exposed (such as service connection fittings, or other points where the old pipe must be removed), the liner pipe and fittings shall be encased in cement-stabilized sand or other high density material as specified by the Engineer to prevent deflection due to difference in subsidence. After the encasement material is in place and accepted by the Engineer, backfill is placed and compacted to require finish grade in accordance with the specifications. Particular care should be taken to ensure compaction of earth beneath the lateral/service pipe in order to reduce subsidence and resultant bending at the lateral connection at the sewer main. A12 Manhole Connections A seal, consisting of a resin mixture or hydrophilic seal compatible with the installed CIPP shall be applied at manhole walls in accordance with the CIPP System manufacturer’s recommendations. Page 71 A13 Reconnections of Existing Services Services shall be identified by the Contractor prior to lining work. After the pipe has been reconstructed and tested, the service connections shall be reconnected. It is the Contractor’s responsibility to make sure that all service connections are reconnected, unless otherwise directed by the Engineer. A CCTV camera and remote cutting tool shall be used for internal reconnections. The machined opening shall be at least ninety five percent (95%) of the service connection opening and the bottom of both openings must match. The opening shall not be more than one hundred percent (100%) of the service connection opening. The edges of the opening shall not have pipe fragments or liner fragments, which may obstruct flow or snag debris. In the event that service reinstatements result in openings that are greater than one hundred percent (100%) of the service connection opening, the Contractor shall install a CIPP type repair, sufficiently in size to completely cover the over-cut service connection. No additional compensation will be paid for the repair of over-cut service connections. Discs of pipe material resulting from service tap cutting shall be collected at the next manhole downstream of the pipe rehabilitation operation prior to leaving the site. Discs shall not be allowed to pass through the system. A14 CIPP Short-Liner The CIPP short-liner shall meet the requirements of the full length CIPP liner and the following: (1)The Short-Liner shall be inserted into the existing sewer line with a power winch and steel cable attached to the end of the liner by use of an appropriate pulling head. Length of the liner to be inserted at any one time shall be governed by the length of the section in need of repair or the maximum length of the installation equipment considering the size and condition of the sewer. (2)A mobile installation unit shall be brought to the site ready to process the liner. The installation unit shall contain heat generating equipment, CCTV facility and other auxiliary miscellaneous equipment necessary for controlling processing of the Short- Liner pipe. The equipment shall be positioned next to the point of entry with minimum obstruction to the other side activities and shall be operated by trained personnel only. (3)The pressure shall be increased to compensate for the heating-cooling transition and it shall be maintained until the temperature at the lowest critical point is 100º F (38º C). This shall constitute completion of the Short-Liner pipe processing. The pipe within the pipe shall be tight fitting and adapted to the existing sewer pipe. Page 72 B TESTING AND INSPECTION B1 Testing CIPP samples shall be prepared and tested in accordance with ASTM F1216, Section 8.1, using either method proposed. Leakage testing of the CIPP shall be accomplished during cure while under a positive head. CIPP products in which the pipe wall is cured while not in direct contact with the pressurizing fluid (e.g., a removable bladder) must be tested by an alternative method approved by the Engineer. B2 Inspection Visual inspection of the CIPP shall be in accordance with ASTM F1216, Section 8.4. The relined pipe shall be continuous without joints through the entire pipe length. The liner shall be free of all visible defects except those resulting from pre-lined conditions which the Contractor has noted prior to lining. There shall be no pits, pinholes, cracks, or crazing, and the surface shall be smooth and free of waviness throughout the pipe. Any defects shall be repaired by the Contractor with no expense to the Owner. Where leakage is observed through the wall of the pipe, the contractor shall institute additional testing including but not limited to air testing, localized testing and any other testing that will verify the leak proof integrity of the installed CIPP to the satisfaction of the Owner. B3 Televising Prior to final acceptance of any sanitary sewer relining including short-liners, the Contractor shall inspect by means of remote closed circuit television equipment the entire segment of sanitary sewer, manhole-to manhole. Sewer shall be cleaned prior to inspection. A video of the inspection shall be furnished to the City. The following conditions shall apply to the sewer acceptance TV inspection: (1)The video shall be in a format to be decided by the Owner, that creates high quality picture and sound and shall be recorded in color. (2)The TV camera shall be pulled through the sewer at a maximum rate of thirty-five feet (35') per minute. (3)The camera shall be pulled downstream in all cases. (4)The lens of the camera shall be cleaned at each manhole or when directed by the Owner. (5)The recording shall have an on-screen display showing the following: a.Upstream and downstream manhole numbers b.Footage from the upstream manhole c.Inspection date (6)Sewers shall not be televised within forty-eight (48) hours of a rainfall event greater than one half inch (½"). Page 73 2631.4 CIPPS METHOD OF MEASUREMENT Measurement for CIPP Lining shall be on a linear foot basis, to the nearest whole foot, measured from center of manhole to center of manhole. 2631.5 CIPPS BASIS OF PAYMENT The proposal form shall cover all work shown on the contract drawings, specifications, and Special Provisions. All costs associated with the work including furnishing of all materials, providing all construction and equipment, and performing all necessary labor, coordination, supervision, and management to fully complete the work, shall be included in the unit or lump sum prices quoted in the proposal form. This work shall include restoration of all surfaces to their original condition or better. Reconnection of all existing services shall be considered incidental to the CIPPS. All work not specifically set forth as a pay item in the proposal form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the amounts and prices submitted in the proposal form. The following methods of measurement for payment will be used to derive the quantities installed: (1)Site Protection and Restoration a.No separate payment will be made for protection and restoration of roadway surfaces, curb and gutter, landscaping, and other site features unless otherwise specified. (2)Spot Repair to existing pipe a.Bid items have been provided in the proposal for removal and replacement of pipe as Spot or Point Repairs. No additional compensation will be granted for repairs. (3)Cured-in-Place Pipe System (CIPPS) a.Payment shall be made at the unit price as listed on the proposal. All work related to the cleaning, installation and acceptance of the system as a whole shall be considered incidental to CIPPS installation. b.Payment for re-instatement of services shall be at the unit price listed on the proposal per each service, and shall be compensation in full for all materials, labor, equipment, and maintenance necessary to complete the work as required by the plans or required by the Engineer. c.Payment for Short-Liner installations shall be made at the unit price listed on the proposal and shall be compensation in full for all materials, labor, equipment, and maintenance necessary to complete the work as required by the plans or required by the Engineer. 2631.6 SP-1 DIVISION II SECTION 2631 CIPPS - SPECIAL PROVISIONS SEWER PIPE REHABILITATION WITH CURED IN-PLACE PIPE SYSTEMS (CIPPS) 2631.6 SPECIAL PROVISIONS All references to MnDOT Specifications shall mean the 2018 published edition of the Minnesota Department of Transportation “Standard Specifications for Construction”, and all subsequent amendments including Special Provisions; and City Engineers Association of Minnesota “Standard Specifications for Sewer Pipe Rehabilitation with Cured In-Place Pipe Systems (CIPPS)", 2018 edition, and all subsequent amendments, published prior to the date of advertisement for bids. All references to other specifications of AASHTO, ASTM, ANSI, AWWA, etc., shall mean the latest published edition available on the date of advertisement for bids. 2631.1 CIPPS DESCRIPTION A General Main to Service Lateral Connection: Rehabilitation by the insertion of a CIPP flexible liner saturated with a thermosetting resin. The liner shall be inflated and cured by injecting steam, circulating hot water or other approved method to form the liner into a tight-fitting, water-tight, pipe-within-a-pipe. The hardened liner should extend from the main to a minimum of 1’ past the joint between the connection fitting and the service lateral pipe. B Qualifications B1 Manufactured Products and Installation d.Main to Service Lateral Connection: The installer must be able to document a minimum of 500 successful installations of the type to be used on this project in the U.S. within the past 5 years. 2631.2 CIPPS MATERIALS A General Main to Service Lateral Connection: The materials shall meet the requirements for CIPPS and be compatible with the sanitary sewer main liner. The connection liner shall be a one piece joint-less tube that will seal at the main interface and at the lateral pipe. Service lateral connections may be a combination of wyes, tees or break-in taps of varying size and angles and may include over-cut lateral openings, pilot holes or defects in relined sewer pipe. A1 CIPPS Fabric Tube Main to Service Lateral Connection: The tube shall be fabricated to the proper size for connection fitting and service lateral pipe. The tube shall allow for circumferential stretching and angular alignment with both the main and the service lateral pipe. The proper length will allow the connection liner to key into the internal surface irregularities of the joint between the connection fitting and the service lateral. The minimum length of the liner shall 2631.6 SP-2 effectively span the distance from the main to a minimum of 1’ past the joint between the connection fitting and the service lateral pipe. 2631.3 CIPPS CONSTRUCTION REQUIREMENTS A5 Inspection of Pipelines Information provided on the televising record format shall be approved by the City of Columbia Heights. All records must be presented in PACP compatible format and importable to GraniteNET software. Televising records shall have the City of Columbia Heights project number displayed. Video files and PDF reports of each pipe run submitted shall be identified by Columbia Heights MH to MH pipe segment ID. These records shall be assembled in a logical order. Pipe segments on the video shall match the order of the printed televising records. Video shall be provided to the City on USB Drive. A7 Public Notification (1)Written notice to be delivered to each home or business a minimum of three (3) days prior to the beginning of work being conducted on the section, and a local telephone number of the Contractor they can call to discuss the project or any problem which could arise. A8 Liner Installation The CIPPS shall be installed as specified herein. All CIPPS installations shall be completed within 30 days of cleaning the main. Main to Service Lateral Connection shall be in accordance with these specifications, with the following modifications: (1)The main to service lateral connection liner shall be inserted by means of a robotic device. The device together with a CCTV camera shall be used to align the repair product with the service lateral connection opening. (2)A pressure apparatus shall be used to maintain the position of the connection liner. (3)Curing of the liner shall be accomplished with either water curing or steam curing. The Contractor shall be responsible to choose the appropriate curing method based on site conditions, such as infiltration. A10 Cool Down Main to Service Lateral Connection: Curing and cool-down of the connection liner shall be accomplished in accordance with the manufacturer’s recommendations. A11 Finishing Operations Main to Service Lateral Connection: There shall be a smooth transition without a step, ridge or gap between the connection liner and the inner diameters of the main and service lateral 2631.6 SP-3 pipes. A tight seal shall be obtained at the main and the service lateral. The method shall be approved by the Owner. B3 Televising Information provided on the televising record format shall be approved by the City of Columbia Heights. All records must be presented in PACP compatible format and importable to GraniteNET software. Televising records shall have the City of Columbia Heights project number displayed. Video files and PDF reports of each pipe run submitted shall be identified by Columbia Heights MH to MH pipe segment ID. These records shall be assembled in a logical order. Pipe segments on the video shall match the order of the printed televising records. Video shall be provided to the City on USB Drive. 2631.5 CIPPS BASIS OF PAYMENT Reconnection/re-instatement of existing services shall be considered incidental to the CIPPS. Page 1 of 1 Plans and Specifications For: 2020 Sanitary Sewer Lining CH Project 2004 Dated: February 14, 2020 1.ADVERTISEMENT FOR BIDS A.The bid opening time and date has been changed from Thursday, February 20, 2020 to: •11:00 a.m. on Wednesday, February 26, 2020. B.Award of contract date by the City Council has been changed from Monday, February 24, 2020 to their regular meeting on: •Monday, March 9, 2020 at 7:00 p.m. Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen, P.E. City Engineer 763-706-3705 ADDENDUM NO. 1 II Contractor's Business Name: Insituform Technologies USA, LLC Address: 17988 Edison A venue Chesterfield, MO 63005 Phone No: 636-530-8000--------------- BID FORM Fax No: 636-530-8701 II PROJECT IDENTIFICATION: 2020 SANITARY SEWER LINING BIDS TO BE OPENED: This bid is submitted to: CITY PROJECT NUMBER PROJECT 2004 10:00 A.M. -Thursday. February 20. 2020 CITY OF COLUMBIA HEIGHTS 637 -3gTH 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 Requ irements 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: (a)BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Date 11 Number 02/14/2020 (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 5.03 & 5.04 of the General Conditions, and accepts the determination set forth in Paragraph S.C. 5.03 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d)BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c)above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance of furnishing the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 5.03 & 5.04 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e)BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 5.05 of the General Conditions. (f)BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g)BIDDER has given ENGINEER written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h)This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; 12 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. 4.BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT PRICE(S): Quantities are indicated for the convenience of the Bidder. Final Payment will be based on actual quantities. CITY OF COLUMBIA HEIGHTS "2020 SANITARY SEWER LINING" No. Base Bid Item Unit Quantity Unit Price Amount 1 Line 8" VCP/CIP L.F.4,921 $ro ,c,o $ I Id I C,90 ,90 3 Line 10" VCP L.F.573 $ 30,ctO $ 1'71 3oc...t, G::io AMOUNT OF BASE BID: $ I ci cl J 995, So01'1� h u.oc:lg..gc:A ::l::LA...leo 6:)-n ; Y1 c: J :+! C:2, J :Sc: Dd . A ; oe.. bu ac-\ f e c�n,nc:.....�--F. � d.b.,,�"'5 c-�r-.d +;-+4--...__. -tsAmount of Base Bid Written in Words · -1 C..0h No. Alternate 1 Bid Item Install Main to Service Lateral Connection Liner1 AMOUNT OF ALTERNATE 1 BID: Unit Quantity Unit Price Amount Each 25 $ Q ,'330,�0$ 5e/ Q'7o. 0:::,; $ se J Q,v o-::::, TOTAL AMOUNT OF BASE BID PLUS ALTERNATE 1 BID: $ \ 95 ) � (p S . SD {); 1 e:.. t, � e c:\\r)i:" · h,o v.. .S. c:.Vl c1 -h ... vu 'vo-r,c\_ id Written in Words 5 ;'¥.·--hJ _ f'. vx.., -=.\c 1 \e....{' s 0-,'") c..\ �-·F+, �-\ S . 13 6.a. Tabulation of Subs American Environmental BLD, LLC Suppliers COLUMBIA HIEGHTS, MN BID 02-26-20 Clean, TV, Measure Main to service connection liner lnsituform liner 5.BIDDER agrees that the Work will be completed as follows: 2020 SANITARY SEWER LINING, CITY PROJECT NUMBER 2004 Final inspection by November 30, 2020 for sanitary sewer lining and May 29, 2021 for main to service lateral connection liner in accordance with Paragraph 15.05 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 of BIDDER indicated below. 8.The terms used in this BID, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions. SUBMITTED ON:_F_e_br_u_ary __ 2_6 ________ , 2020. 14 STATE OF MISSOURI COUNTY OF ST. LOUIS AFFIDAVIT OF NON-COLLUSION: (1)That I am the BIDDER (if the bidder is an individual), a partner in the BIDDER (if the bidder is a partnership) of an officer or employee of the BIDDER corporation having authority to sign on its behalf (if the BIDDER is a corporation; (2)That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; (3)That the contents of the bid or bids have not been communicated by the BIDDER, or its employees or agents, to any person not any employee or agent of the BIDDER, or its surety, on any bond furnished with the bid or bids, and will not be communicated to any person, prior to any official opening of the bids, or bids; and; (4)That I have fully informed myself regarding the accuracy of the statements made in thi ffidavit. Insituform Technologies USA, LLC FIRM MAKING BIDS Subscribed and sworn to before me this 26 day of February 2020_ Janet Hass NAME Contracting & Attesting Officer OFFICIAL TITLE 15 JANETW. HASS Notary Public -Notary Seal St Louis County -State of Missouri Commission Number 12529086 My Commission Expires Nov 2 7, 2020 STATE OF MINNESOTA -RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes §lGC.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes §16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, Jana Lause (typed or printed name), Contracting & Attesting Officer (title) certify that I am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Insituform Technologies USA, LLC (name of the person, partnership or corporation submitting this proposal) 17988 Edison A venue, Chesterfield, MO 63005 (business address) (. idder or authorized representative) Jana Lause, Contracting & Attesting Officer 16 Eebrnary 26, 2020 Date INSITUFORM TECHNOLOGIES USA, LLC PRESIDENT APPOINTMENT OF CONTRACTING AND ATTESTING OFFICERS The undersigned, being the President ofinsitufonn Technologies USA, LLC, a Delaware Limited Liability Company (the "Company"), and pursuant to the authority set forth in the Limited Liability Company Operating Agreement of the Company, hereby detennines that: 1.Christlanda Adkins, Janet Hass, Jana Lause, Diane Pai1ridge, Whittney Schulte, and Ursula Youngblood are appointed as Contracting and Attesting Officers of the Company, each with the authority, individually and in the absence of the others, subject to the control of the Board of Managers of the Company, to: (i) certify and attest to the signature of any officer of the Company; (ii) enter into and bind the Company to perform pipeline rehabilitation activities of the Company and all matters related thereto, including the maintenance of one or more offices and facilities of the Company; (iii) execute and to deliver documents on behalf of the Company; and (iv) take such other action as is or may be necessary and appropriate to carry out the project, activities and work of the Company. 2.Any person previously appointed or serving as a Contracting and Attesting Officer of the Company prior to the date hereof and who is not named above is hereby removed from any such appointment. Dated: October 31, 2019 President ·······--·····-······· ··--····---···· ··�:-··-· -···-�···:..•• j ·Office of the Minnesota Secretary of State Foreign Umlted Liability Company I Certificate of Authority to Transact Business In Minnesota . Minneso/Q Stalutes, Chapter 322B Read the instntctioos before completing this form. Filing Fee: $185.00 This Cerlifica� o( Authority bas been approved pursuant to Minnesota Statutes, Chapter 322B. By filing thisCertificaill of Authority, the company certifi� that it has complied with tbe orianization lawll in the jurisdiction of its organization. 1. The legal name of this company in the Home Jurisdiction: (Required) INSITUFORM TECHNOLOGIES USA, LLC 2. The al� name under which the company will do business iD Minnesota, if different 1han the legal name listed above: 3.Home Jurisdiction: (Required)Delaware 4.List 1hc Expiration date of company: (Required) Perpetual Perpetual or Month/Day/Y car 5. The name and address of the registered ageut and registered office in the State ofMinnesota: (Required) Corporation Service Company Full Name ofRegi!rtBred.Age:ot ·380 Jackson Street, SUtte 700 6. Home address of1he office in the jurisdiction where LLC is organized. 2711 Centervflle Road, Suite 400 Wilmington Street Address (A. PO Box by itself ts ,wt acceptable) City MN 65101 .. State Zip Code DE 19808 State Zip Code 7. Principal Place of Business Address: (Required ONLY if there is no home address in the home jurisdiction) 17988 Edison Ave. Chesterfield Street Address (A.PO Box by ftseifig not acceptable)City MO 63005 State Zip Code 8, I, th.e undersigned. certify that I am signing this document as the person whose signature is required, or 38 agent of the pcmon(s) whose signature would be required who has authorized me to sign this document on his/her behalf: or in both capacities. I further certify that I have completed all required fields. and that the infunnation in this document is 1rue and correct and in compliance with the applicable chapter of Minnesota Statutes. I unden;tand that by signing this document [ am llll • ·cs ofperjwy as set funh in Section 609.48 as if I sign d this document under oath. I ll-ll- t····-·· .. ·.· Date ..;rAl'E OF Ml��A OEP�D o.v JAK 2 3 2012 �� i ! ' I t •�•\"•""'• ".. • .: •' ••••••I• , .... ·······'.• • l ••••. Office of the Minnesota Secretary of State Foreign Corporation or Cooperative I Certificate of Withdrawal Minnesota Statutes, Chapter 303 Read the Instructions before completing thh form. Filing Fee: $SO.OO 1. Name of Corporation in Home Jurisdiction; (Required) INSITUFORM IBCHNOLOGIES USA, IN'C. 2.Alternate Nilllle used in Minnesot.a, if applicable: 3.Home Jurisdiction: (Required)Delaware .•·:: .,.,. 4. The COipOJ'lltion, authorized to transect business in Minnesota, hereby applies for a certificate of withdrawal Thiscmpomtion has no property located in Minnesota and has ceased to transact business in Minnesota. (Required) 5. The Board of Directors of the corporation has decided to �um:ndcr its authority to transact busin� in Minnesota IIIldrevokes the authority of its registered agent to accept service of process. 6. Any process that may be served upon 1he Secretary of State of Minnesota after the wnhdra.wal of this corporation�Minnesota should be forwarded to: (Required) fnsitufonn Tecbnologic.:i USA, LLC Name I 7988 Edison Aye. Chesterfield MO 63005 Address City State Zip Code 7. The corporation hereby promises to pa.y to 1he-Commi111iioner of Managemell.t and Budget any additiOJ.lal license �found by the Secretary of State to be due and owing. ,. r� 8. I, lhe undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the r pcrscm{s) who!IC signature would be required who bas authorized me to $ign this document on bis/her behalf, oc in both if:, capacities. I further certify that I have completed all required fields, and that the information in this document is true mid oorrect and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document Iam subject to th�e�eijwy as set fo1th in Section 609.48 as ifl �ad signed this document under oath. t . {\� �-J\}£ :/4t'I 'I, l.Dt� ;)=MINNES017-1 � Signatnre of Pn:sldent,Vi.ce Pres., Sec'y, Ass't�ec'y or AulhorizedAgent Date F1!'eostm'E t ��(_. �Email Address for Official Notices JAN 2 3 2 Enter an email address to which the Secretary of State can forward official notices l"equired by law and other notices: 012 77C"'4--� Secieta,y Of State0 Check here to have your email address excluded from requests for bulk data, to the ex.tent allowed by Minnesota law. List a name and daytime phone number of a person who can be contacted about this form: Contact Name Phone Number Fa,-dg,,.Carp WiOuinrwalllm,.l l/0912011 f}Je[aware PAGE 1 'Ift.e :First State I, JEFFREY W _ BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF CONVERSION OF A DELAWARE CORPORATION UNDER THE NAME OF "INSITUFORM TECHNOLOGIES USA, INC. " TO A DELAWARE LIMITED LIABILITY COMPANY, CHANGING ITS NAME FROM "INSITUFORM TECHNOLOGIES USA, INC. " TO "INSITUFORM TECHNOLOGIES USA, LLC", FILED IN THIS OFFICE ON THE THIRTIETH DAY OF DECEMBER, A.D. 2011, AT 11:35 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF CONVERSION IS THE THIRTY-FIRST DAY OF DECEMBER, A.D. 2011, AT 11:58 O'CLOCK P.M_ 2024080 8100V 111355550 ��� DATE: 12-30-11 You 1114Y verify this certificate online at corp.delaware.gov/authver.sht.ml 'Delaware PAGE 2 %e first State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF CERTIFICATE OF FORMATION OF "INSI'l'UFORM TECHNOLOGIES USA, LLC" FILED IN THIS OFFICE ON THE THIRTIETH DAY OF DECEMBER, A.D. 2011, AT 11:35 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF FORMATION IS THE THIRTY-FIRST DAY OF DECEMBER, A.D. 2011, AT 11:58 O'CLOCK P.M. 2024080 8100V 111355550 You may verify this certificate online at corp.delaware.gov/authver.shtml Jeffrey W. Bullock, Secretary of State C TION: 9264916 DATE: 12-30-11 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) � 7/1/2020 3/30/2020 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 CONS TITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESEN TATIVE OR PRODU CER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 Lockton Companies CONTACT NAME: Three City Place Drive, Suite 900 PHONE I r�.Nol: IAt!. l!I!!, !;xii' St. Louis MO 63141-7081 E-MAIL (314) 432-0500 ADDRESS: INSURER!Sl AFFORDING COVERAGE NAIC# 1NsuRER A: XL Insurance America lnc. 24554 INSURED Insituform Technologies USA, LLC INSURER B : ACE American Insurance Comnanv 22667 1348001 17988 Edison Avenue INSURER c: Indemnity Insurance Co of North America 43575 Chesterfield MO 63005 INSURER D, AGCS Marine Insurance Company 22837 INSURER E: INSURER F: COVERAGES INSTE02 CERTIFICATE NUMBER: 16676145 REVISION NUMBER: xxxxxxx 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 ,��r�i�l LIMITS LTR ,.,en wvn POLICY NUMBER IMM/DDNYYYI A L COMMERCIAL GENERAL LIABILITY y N CGD300084904 7/1/2019 7/1/2020 EACH OCCURRENCE $ 2 000.000 D CLAIMS-MADE � OCCUR Uf\Mf\l>t: I U ��" I t:U $ 1 000.000 ,-PREMJSES £Ea occurrence\ A L Inde2endt Contractor BROAD FORM rD/CO TRACT! JAL MED EXP (Any one person) $ 10 000 1L xcu PERSONAL & ADV INJURY $ 2 000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4 000 000 =i POLICY :xi .l'f& [x] LOG PRODUCTS -COMP/OP AGG $ 4 000 000 OTHER; $ B AUTOMOBILE LIABILITY y N ISA H252995 l 6 7/1/2019 7/1/2020 COMBINE�1f INGLE LIMIT $ 5 000 000 -1 (Eeecdqen ANY AUTO BODILY INJURY (Per person) $ xxxxxxx-OWNED SCHEDULED BODILY INJURY (Per accident) $ xxxxxxx -AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ xxxxxxx AUTOS ONLY ,__ AUTOS ONLY �.r•ccldanll $ xxxxxxx UMBRELLA LIAB H OCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx EXCESS LIAB CLAIMS-MADE AGGREGATE $ xxxxxxx OED I I RETENTION s $ xxxxxxx WORKERS COMPENSATION N I PER I I OTH-B AND EMPLOYERS' LIABILITY WLRC66038622 t2,CA,MA)7/1/2019 7/1/2020 X STATUTE ER C Y/N WLRC66038580 AOS). 7/1/2019 7/1/2020 $ 1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE lli] E.L. EACH ACCIDENT C OFFICER/MEMBER EXCLUDED? N/A (EXCLUDING MONOPOLISTIC (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1 000 000 ��;��f;f[t� �tgPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1.000 000 D INSTALLATION FLOATER y N MXl93050922 7/1/2019 7/1/2020 SEE ATTACHED LIMITS DEDUCTIBLES: VAR IOUS PER POLICY SCHEDULE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 2020 Sanitary Sewer Lining, City Project No. 2004. CITY OF COLUMBIA HEIGHTS IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOB!Lc LIABILITY AS REQUIRED BY WRITTEN CONTRACT AND LOSS PAYEES WHICH HAS A FINANCIAL INTEREST UNDER INSTALLATION FLOATER. CERTIFICATE HOLDER 16676145 City of Columbia Heights Kevin Hansen, PE, Public Works Director/City Engineer 637 38th Avenue NE Columbia Heights MN 55421 CAN CELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. N.All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M522191 Master ID: 1348001, Certificate ID: 16676145 Installation Floater, No Co-Insurance, Replacement Cost, Special Perils Form including Flood & EQ Limits: $10,000,000 any one installation site $10,000,000 any one loss, disaster, or casualty Sublimits (including but not limited to:) $1,000,000 In Transit $1,000,000 Temporary Storage $1,000,000 Soft Costs (Delay of Use)/$1,000,000 Aggregate $2,000,000 Rigging ($500,000 temporary storage/$500,000 transit) Attachment Code: D545910 Master ID: 1348001, Certificate ID: 16676145 City of Columbia Heights Kevin Hansen, PE, Public Works Director/City Engineer 637 38th Avenue NE Columbia Heights MN 55421 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 16676145. •Email: STL-edelivery@lockton.com •Phone: (866) 728-5657 (toll-free) If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox is for providing e-Delivery email addresses for next year's renewal certificates ONLY. Your information will be input within 90 days. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Companies Lockton Companies Three City Place Dr, Suite 900 / St. Louis, MO 6314 l-7088 314-432-0500 I lockton.com Attachment Code: D544786 Certificate ID: 16676145 POLICY NUMBER: CGD300084904 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN VARIOUS AS REQUIRED PER WRITTEN CONTRACT. A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN ADDITIONAL INSURED PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT, INCLUDING INDEMNIFICATION AGREEMENTS. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location{s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Attachment Code: D544786 Certificate ID: 16676145 C.With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 Attachment Code: D544786 Certificate ID: 16676145 POLICY NUMBER: CGD300084904 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Comoleted Ooerations ANY PERSON OR ORGANIZATION THAT YOU ARE VARIOUS AS REQUIRED PER WRITTEN REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO INCLUDE AS AN CONTRACT. ADDITIONAL INSURED PROVIDED THE "BODILY INJURY' OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT, INCLUDING INDEMNIFICATION AGREEMENTS. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20370413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Attachment Code: D544797 Certificate ID: 16676145 2 AUTOMATIC ADDITIONAL INSURED ENDORSEMENT Named insured Aegion Corporation Policy Symbol Policy Number tolicy Period EffecLive Date of Endorsement ISA ISA H25299516 7/1/2019 TO 7/1/2020 Issued By (Name of Insurance Company} ACE American Insurance Company Insert lhe pollay number. Tito remainder of the lnforrM�on Is lo be completed only when lhls endOlsomont I• Issued suboequonl lo lhe preparal!Oll of lhe pohcy, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SECTION II -LIABILITY COVERAGE, WHO IS AN INSURED is amended to include as an "insured' any person or organization you are required in a written contract or agreement to name as an Additional Insured on your policy but only for "bodily injury" or "property damage" to which this insurance applies if the "accident" is caused by: 1.You, while using a covered "auto" or2.Any other person, while using a covered "auto" with your permission. The insurance provided by this endorsement shall be subject to the following additional condition: 1.The Limit of Insurance provided for the Additional insured shall not be greater than those required by contract and, Inno event, shall the policy Limits of Insurance be increased by the contract. 2, All insuring agreements, exclusions, terms and conditions of the policy shall apply to the coverage (s) provided to the Additional Insured, and such coverage shall not be enlarged or expanded by reason of the contract. 3.Coverage provided by this endorsement shall be excess over any other valid and collectible insurance available tothe Additional Insured (s) whether primary, excess, contingent or on any other basis unless the contract specificallyrequires that this insurance be primary or you request that it apply on a primary basis prior to loss. DA-6.204a (06/14) Page 1 of 1 Attachment Code: D544797 Certificate ID: 16676145 NON-CONTRIBUTORY EN DORSEMENT FOR ADDITIONAL INSUREDS Named Insured Aegion Corporation Endorsement Number 57 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA ISA 7/1/2019 TO 7/1/2020 H25299516 issued By (Name of Insurance Company) ACE American Insurance Company Insert the pohcy number. The remainder of lhe Information 1s to be completed only whe(I this endorsement 1s issued subsequent to \he preparation of the po hey. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Organization BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Any additional insured with whom you have agreed to provide such non­ contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. Additional Insured Endorsement (if no information is filled in, the schedule shall read: "All persons or entities added as additional insureds through an endorsement with the term "Additional Insured" in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to the Other Insurance Condition under General Conditions: If other insurance is available to an insured we cover under any of the endorsements listed or described above {the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. DA-21886b (06/14) Page 1 of 1 Attachment Code: D547181 Certificate ID: 16676145 Allianz * Allianz Global Corporate & Specialty® Installation Floater Plus Endorsement Commercial Inland Marine Insured AEGION CORPORATION Policy Number AGCS Marine Insurance Company (AS PER ENDORSEMENT 001) Producer LOCKTON COMPANIES, LLC Effective Dale 7/1/2019 Insurance is provided only for which a Limit of Insurance is shown in these declarations and the most we will pay for loss or damage in any one occurrence is the applicable Limit of Insurance shown in these Declarations. We will not pay for loss or damage in any one occurrence until the amount of the adjusted loss or damage before applying the applicable Limit of Insurance exceeds the Deductible shown in the Declarations. We will then pay the amount of the adjusted loss or damage in excess of the Deductible, up to the applicable Limit of Insurance. Coverage Description Schedule Water Earthquake Existing Building Expediting Expenses Testing/Mechanical Breakdown Customers Loss of Use Additional Endorsements Protective Safeguards Blanket Additional Insured/Loss Payee Unintentional Errors or Omissions Water: Limit of Insurance $As per IF 4800DEC 10 15 and CLI 5000 01 14 $As per IF 4800DEC 10 15 and CLI 5000 01 14 $Not Covered $500,000 $250,000 $Not Covered A()plicable Deductible $As per Endorsement 003 and CLI 5000 01 14 $As per Endorsement 003 and CLI 5000 01 14 $Not Applicable $As per Endorsement 003 and CLI 5000 01 14 $50,000: Except $10,000 Foreign/International Territory $Not Applicable or hours waiting period Not Applicable N Exclusion f. Water under 8.1. Exclusions is deleted. All water occurrences that occur within any seventy two (72) hour period will constitute a single occurrence. The expiration of this policy will not reduce the seventy two (72) hour period. IF 4815 01 10 m 2010, AGCS Marine Insurance Company, Chicago, IL. All rights reserved. Page 1 of 3 Attachment Code: D547181 Certificate ID: 16676145 We cover your liability as a rigger for loss your customers actually sustain due to loss of income or extra expense resulting from a covered cause of loss under this policy to their property while such property is in your custody or control, in the ordinary course of rigging. This applies only to covered property under this policy. The most we will pay in any one loss, disaster or casualty, regardless of the number of customers involved, is the Limit of Insurance stated in the Declarations. We will not pay for loss of income during the Waiting Period indicated in the above Declarations. We will pay only that part of such loss that develops after the end of the Waiting Period, up to the applicable Limit of Insurance. Additional Endorsements: Protective Safeguards Schedule Loe. Watchman Alarm System Other The protective safeguards indicated in the Schedule applicable to this Endorsement Part must be maintained in full working order at the locations specified. If they are not, we have no duty to pay you for a loss that the protective safeguard was intended to prevent or reduce. If any specified protective safeguard is not functional you must notify us immediately so that we may endorse the policy. Even if you report that a protective safeguard is not functional, we have the right not to continue coverage. Blanket Additional Insured/Loss Payee Blanket Additional Insureds and Loss Payees are added for covered property under Installation Floater Coverage Form as their interest(s) may appear under a written agreement with you prior to any loss. Unintentional Errors or Omissions It is agreed that your failure of the named insured to disclose all hazards existing on the effective date of this policy shall not prejudice you with respect to the coverage afforded by this policy provided such failure or any omission is not intentional. All other matters not provided for in this Endorsement shall be governed by the terms and conditions of the policy to which this Endorsement is attached. If a condition of the policy directly conflicts with a condition of this Endorsement, the condition of this Endorsement will supersede the condition of the policy. This Form must be attached to Change Endorsement when issued after the policy is written. IF 4815 01 10 © 2010, AGCS Marine Insurance Company, Chicago, IL. All rights reserved. Page 3 of 3