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HomeMy WebLinkAbout2020-3034EJCDC® C-510, Notice of Award. 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. NOTICE OF AWARD Prepared By Endorsed By Contract #2020-3034 EJCDC® C-510, Notice of Award. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright© 2018 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) This Agreement is by and between City of Columbia Heights, Minnesota (“Owner”) and Rachel Contracting, LLC (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows: 3989 Central Avenue (NE Business Center) and 950 40th Avenue (Parking Ramp) Demolition – PROJECT 2011 ARTICLE 2—THE PROJECT 2.01 The project, of which the work under the contract documents is a part, is generally described as follows: CITY PROJECT NO. 2011 ♦ Hazardous materials abatement per the Phase II Environmental Site Assessment ♦ All building, site demolition and off-site disposal per the Demolition Plan, sheet C-3.0 ♦ Install all Storm Water Pollution Prevention Plan materials per the Grading Plan, sheet C-5.0, Stormwater Pollution Prevention Plan (SWPPP), sheet C-5.1, and SWPPP Notes, sheet C-5.2 dated 7- 1-2020. When demolition is complete, leave erosion control measures in place in good condition, and maintain SWPP on a daily basis. ♦ Temporary site fencing installed and left in place in good condition at completion of demolition. ♦ Protect adjoining properties and rights-of-way from damage of any kind. ♦ Rough grade site and stabilize soils at completion of scope of work. ♦ Coordinate with utility providers for disconnections. ♦ Includes dust control management using best practices to control and eliminate any dust nuisance calls by and during the work ♦ Traffic control, street cleaning, and flagging for all work ♦ Required costs for bonds, abatement notifications, MPCA permits, and demolition permits. ARTICLE 3—ENGINEER 3.01 The ENGINEER is to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed by CITY OF COLUMBIA HEIGHTS ENGINEERING DEPARTMENT OR DESIGNATED REPRESENTATIVE (ENGINEER). For this project, Doran Companies is the designated representative. ARTICLE 4—CONTRACT TIMES 4.01 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially complete on or before October 12, 2020, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before October 31, 2020. 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): 1. 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 Agreement. 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 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. After Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor in accordance with Minnesota Statute 15.72. 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 Statute 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. 6. Drawings (not attached but incorporated by reference) consisting of 6 sheets with each sheet bearing Project No. 2011. 7. Addenda (numbers 1 to 3, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages 1 to 25, inclusive). 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the 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 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” (redline/strikeout), or in the Supplementary Conditions. EJCDC® C-610, Performance Bond. 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. PERFORMANCE BOND Prepared By Endorsed By EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright© 2018 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 2 GUIDELINES FOR USE OF EJCDC® C-610, PERFORMANCE BOND 1.0 PURPOSE AND INTENDED USE OF THE DOCUMENT The Performance Bond is the document in which the Contractor and Surety provide assurances to the Owner regarding the performance and completion of the Contractor’s obligations under the construction contract. The Performance Bond establishes the responsibilities of the Surety with regard to a default in performance by the Contractor. The Owner typically provides the Performance Bond form to prospective Bidders or Contractors, sometimes with some of the Project-specific information (for example, Owner’s correct legal entity name) inserted in the form. After a Contractor has been selected, the Contractor’s Surety issues the actual executed Performance Bond, based on the form, and the Contractor submits the executed Performance Bond to Owner at the time the Contract is signed. For additional information regarding C-610, see EJCDC® C-001, Commentary on the 2018 EJCDC Construction Documents (2018). 2.0 ORGANIZATION OF INFORMATION All parties involved in a construction project benefit significantly from a standardized approach in the location of subject matter throughout the documents. Experience confirms the danger of addressing the same subject matter in more than one location; doing so frequently leads to confusion and unanticipated legal consequences. Careful attention should be given to the guidance provided in EJCDC® N-122/AIA® A521, Uniform Location of Subject Matter (2012 Edition) when preparing documents. EJCDC® N-122/AIA® A521 is available at no charge from the EJCDC website, www.ejcdc.org, and from the websites of EJCDC’s sponsoring organizations. If CSI MasterFormat™ is used for organizing the Project Manual, consult CSI MasterFormat™ for the appropriate document number (e.g., under 00 11 00, Advertisements and Invitations), and accordingly number the document and its pages. 3.0 EDITING THIS DOCUMENT It is intended that this document be edited before being furnished as a form to prospective 3.1 Bidders or Contractors, and for each actual issuance of a Performance Bond. Guidelines for editing include: A. Remove the cover pages which consist of the title pages and these Guidelines for Use. B. Type in required information as indicated by brackets ([ ]). Bracketed text will usually provide instructions for what is to be inserted in place of the brackets. Delete brackets and change formatting to match existing text after project specific text has been added, e.g. change “[Project Name]” to “Peach Street Renovation” (without brackets or bold, or quotation marks). C. Fill in blanks, if any. It will be more common for information to be inserted by user to be indicated by a prompt in brackets, as described in Paragraph B above, rather than by an underline-style blank. EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 2 of 2 D. Modify check-boxes as required by clicking in the box. 4.0 LICENSE AGREEMENT This document is subject to the terms and conditions of the License Agreement, 2018 EJCDC® Construction Series Documents. A copy of the License Agreement was furnished at the time of purchase of this document, and is available for review at www.ejcdc.org and the websites of EJCDC’s sponsoring organizations. EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 4 PERFORMANCE BOND Contractor Surety Name: [Full formal name of Contractor] Name: [Full formal name of Surety] Address (principal place of business): Address (principal place of business): [Address of Contractor’s principal place of business] [Address of Surety’s principal place of business] Owner Contract Name: [Full formal name of Owner] Description (name and location): Mailing address (principal place of business): [Owner’s project/contract name, and location of the project] [Address of Owner’s principal place of business] Contract Price: [Amount from Contract] Effective Date of Contract: [Date from Contract] Bond Bond Amount: [Amount] Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ☐ None ☐ 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 Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: 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-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 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© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 4 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 EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 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: [Describe modification or enter “None”] EJCDC® C-615, Payment Bond. 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. PAYMENT BOND Prepared By Endorsed By EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright© 2018 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 1 GUIDELINES FOR USE OF EJCDC® C-615, PAYMENT BOND 1.0 PURPOSE AND INTENDED USE OF THE DOCUMENT The Payment Bond is the document in which the Contractor and its Surety commit to making payment to Subcontractors and Suppliers for labor, materials, and equipment provided to Contractor for the benefit of the Project and Owner. This bond form sets forth the obligations of the Surety to the Owner in the event Contractor fails to pay a Subcontractor or Supplier. For additional information regarding EJCDC® C-615, see EJCDC® C-001, Commentary on the 2018 EJCDC Construction Documents (2018). 2.0 ORGANIZATION OF INFORMATION All parties involved in a construction project benefit significantly from a standardized approach in the location of subject matter throughout the documents. Experience confirms the danger of addressing the same subject matter in more than one location; doing so frequently leads to confusion and unanticipated legal consequences. Careful attention should be given to the guidance provided in EJCDC® N-122/AIA® A521, Uniform Location of Subject Matter (2012 Edition) when preparing documents. EJCDC® N-122/AIA® A521 is available at no charge from the EJCDC website, www.ejcdc.org, and from the websites of EJCDC’s sponsoring organizations. If CSI MasterFormat™ is used for organizing the Project Manual, consult CSI MasterFormat™ for the appropriate document number (e.g., under 00 11 00, Advertisements and Invitations), and accordingly number the document and its pages. 3.0 EDITING THIS DOCUMENT It is intended that this document be edited before being furnished as a form to prospective 3.1 Bidders or Contractors, and for each actual issuance of a Payment Bond. Guidelines for editing include: A. Remove the cover pages which consist of the title pages and these Guidelines for Use. B. Type in required information as indicated by brackets ([ ]). Bracketed text will usually provide instructions for what is to be inserted in place of the brackets. Delete brackets and change formatting to match existing text after project specific text has been added, e.g. change “[Project Name]” to “Peach Street Renovation” (without brackets or bold, or quotation marks). C. Fill in blanks, if any. It will be more common for information to be inserted by user to be indicated by a prompt in brackets, as described in Paragraph B above, rather than by an underline-style blank. D. Modify check-boxes as required by clicking in the box. 4.0 LICENSE AGREEMENT This document is subject to the terms and conditions of the License Agreement, 2018 EJCDC® Construction Series Documents. A copy of the License Agreement was furnished at the time of purchase of this document, and is available for review at www.ejcdc.org and the websites of EJCDC’s sponsoring organizations. EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 4 PAYMENT BOND Contractor Surety Name: [Full formal name of Contractor] Name: [Full formal name of Surety] Address (principal place of business): Address (principal place of business): [Address of Contractor’s principal place of business] [Address of Surety’s principal place of business] Owner Contract Name: [Full formal name of Owner] Description (name and location): Mailing address (principal place of business): [Owner’s project/contract name, and location of the project] [Address of Owner’s principal place of business] Contract Price: [Amount, from Contract] Effective Date of Contract: [Date, from Contract] Bond Bond Amount: [Amount] Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ☐ None ☐ 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 representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: 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. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 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© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 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; EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 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-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, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology ........................................................................................................ 6 1.01 Defined Terms ............................................................................................................................... 6 1.02 Terminology ................................................................................................................................ 10 Article 2—Preliminary Matters ................................................................................................................... 11 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance....................................... 11 2.02 Copies of Documents .................................................................................................................. 11 2.03 Before Starting Construction ...................................................................................................... 12 2.04 Preconstruction Conference; Designation of Authorized Representatives ................................ 12 2.05 Acceptance of Schedules ............................................................................................................ 12 2.06 Electronic Transmittals ............................................................................................................... 12 Article 3—Contract Documents: Intent, Requirements, Reuse .................................................................. 13 3.01 Intent ........................................................................................................................................... 13 3.02 Reference Standards ................................................................................................................... 13 3.03 Reporting and Resolving Discrepancies ...................................................................................... 14 3.04 Requirements of the Contract Documents ................................................................................. 14 3.05 Reuse of Documents ................................................................................................................... 15 Article 4—Commencement and Progress of the Work .............................................................................. 15 4.01 Commencement of Contract Times; Notice to Proceed ............................................................. 15 4.02 Starting the Work ........................................................................................................................ 15 4.03 Reference Points ......................................................................................................................... 15 4.04 Progress Schedule ....................................................................................................................... 15 4.05 Delays in Contractor’s Progress .................................................................................................. 16 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................... 17 5.01 Availability of Lands .................................................................................................................... 17 5.02 Use of Site and Other Areas ........................................................................................................ 17 5.03 Subsurface and Physical Conditions ............................................................................................ 18 5.04 Differing Subsurface or Physical Conditions ............................................................................... 19 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. 5.05 Underground Facilities ................................................................................................................ 20 5.06 Hazardous Environmental Conditions at Site ............................................................................. 22 Article 6—Bonds and Insurance .................................................................................................................. 24 6.01 Performance, Payment, and Other Bonds .................................................................................. 24 6.02 Insurance—General Provisions ................................................................................................... 25 6.03 Contractor’s Insurance ................................................................................................................ 26 6.04 Builder’s Risk and Other Property Insurance .............................................................................. 27 6.05 Property Losses; Subrogation ..................................................................................................... 28 6.06 Receipt and Application of Property Insurance Proceeds .......................................................... 28 Article 7—Contractor’s Responsibilities ..................................................................................................... 29 7.01 Contractor’s Means and Methods of Construction .................................................................... 29 7.02 Supervision and Superintendence .............................................................................................. 29 7.03 Labor; Working Hours ................................................................................................................. 29 7.04 Services, Materials, and Equipment ........................................................................................... 30 7.05 “Or Equals” .................................................................................................................................. 30 7.06 Substitutes .................................................................................................................................. 31 7.07 Concerning Subcontractors and Suppliers .................................................................................. 32 7.08 Patent Fees and Royalties ........................................................................................................... 33 7.09 Permits ........................................................................................................................................ 34 7.10 Taxes ........................................................................................................................................... 34 7.11 Laws and Regulations .................................................................................................................. 34 7.12 Record Documents ...................................................................................................................... 35 7.13 Safety and Protection ................................................................................................................. 35 7.14 Hazard Communication Programs .............................................................................................. 36 7.15 Emergencies ................................................................................................................................ 36 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 ............................................................................................................... 40 8.01 Other Work ................................................................................................................................. 40 8.02 Coordination ............................................................................................................................... 41 8.03 Legal Relationships ...................................................................................................................... 41 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. Article 9—Owner’s Responsibilities ............................................................................................................ 42 9.01 Communications to Contractor .................................................................................................. 42 9.02 Replacement of Engineer ............................................................................................................ 42 9.03 Furnish Data ................................................................................................................................ 42 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 ............................................................................................... 43 9.09 Limitations on Owner’s Responsibilities ..................................................................................... 43 9.10 Undisclosed Hazardous Environmental Condition ...................................................................... 43 9.11 Evidence of Financial Arrangements ........................................................................................... 43 9.12 Safety Programs .......................................................................................................................... 43 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............................................................................................. 44 10.04 Engineer’s Authority ............................................................................................................... 44 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 ............................................................................................ 45 Article 11—Changes to the Contract .......................................................................................................... 45 11.01 Amending and Supplementing the Contract .......................................................................... 45 11.02 Change Orders ........................................................................................................................ 46 11.03 Work Change Directives .......................................................................................................... 46 11.04 Field Orders ............................................................................................................................. 46 11.05 Owner-Authorized Changes in the Work ................................................................................ 47 11.06 Unauthorized Changes in the Work ........................................................................................ 47 11.07 Change of Contract Price ........................................................................................................ 47 11.08 Change of Contract Times ....................................................................................................... 48 11.09 Change Proposals .................................................................................................................... 48 11.10 Notification to Surety .............................................................................................................. 49 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. Article 12—Claims ....................................................................................................................................... 50 12.01 Claims ...................................................................................................................................... 50 Article 13—Cost of the Work; Allowances; Unit Price Work ...................................................................... 51 13.01 Cost of the Work ..................................................................................................................... 51 13.02 Allowances .............................................................................................................................. 54 13.03 Unit Price Work ....................................................................................................................... 54 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 55 14.01 Access to Work ........................................................................................................................ 55 14.02 Tests, Inspections, and Approvals ........................................................................................... 55 14.03 Defective Work ....................................................................................................................... 56 14.04 Acceptance of Defective Work................................................................................................ 56 14.05 Uncovering Work .................................................................................................................... 57 14.06 Owner May Stop the Work ..................................................................................................... 57 14.07 Owner May Correct Defective Work ....................................................................................... 57 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 58 15.01 Progress Payments .................................................................................................................. 58 15.02 Contractor’s Warranty of Title ................................................................................................ 60 15.03 Substantial Completion ........................................................................................................... 61 15.04 Partial Use or Occupancy ........................................................................................................ 61 15.05 Final Inspection ....................................................................................................................... 62 15.06 Final Payment .......................................................................................................................... 62 15.07 Waiver of Claims ..................................................................................................................... 63 15.08 Correction Period .................................................................................................................... 63 Article 16—Suspension of Work and Termination ..................................................................................... 64 16.01 Owner May Suspend Work ..................................................................................................... 64 16.02 Owner May Terminate for Cause ............................................................................................ 64 16.03 Owner May Terminate for Convenience................................................................................. 65 16.04 Contractor May Stop Work or Terminate ............................................................................... 66 Article 17—Final Resolution of Disputes .................................................................................................... 66 17.01 Methods and Procedures ........................................................................................................ 66 Article 18—Miscellaneous .......................................................................................................................... 66 18.01 Giving Notice ........................................................................................................................... 66 18.02 Computation of Times............................................................................................................. 67 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. 18.03 Cumulative Remedies ............................................................................................................. 67 18.04 Limitation of Damages ............................................................................................................ 67 18.05 No Waiver ............................................................................................................................... 67 18.06 Survival of Obligations ............................................................................................................ 67 18.07 Controlling Law ....................................................................................................................... 67 18.08 Assignment of Contract........................................................................................................... 67 18.09 Successors and Assigns ........................................................................................................... 67 18.10 Headings .................................................................................................................................. 68 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. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 8.01 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 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. 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. 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 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. 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. 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. 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. 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. 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 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. 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. 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. 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 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. 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. 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. 8.02 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. 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. 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. 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. 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. 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. 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. 8.03 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. 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. 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. 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 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. 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. 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. 8.04 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. 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. 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 an 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. 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; 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. 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 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. 8.05 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. 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. 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; (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. 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 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 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. 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. 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; 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. 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 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, 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. 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; 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. 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. 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. 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 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. 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. 8.06 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. 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. 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 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 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. Conditions as additional insureds on Contractor’s liability policies) on each Subcontractor’s commercial general liability insurance policy; and 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; 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. 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. 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. 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. 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. 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. 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 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. 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. 8.07 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 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 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. 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. 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. 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. 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. 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. 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. 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 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 otherwise). Such proposed 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. 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 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 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. 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 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. 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. 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 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. 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. 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. 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. 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. 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 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. 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. 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 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 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. 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 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 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. 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. 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. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. 8.08 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. 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. 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 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 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. (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. 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. 8.09 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. 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. 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. 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. 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. 8.10 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. 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. 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. 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 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. 8.11 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. 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. 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; 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. 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. 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 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 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. 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; 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. 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: Engineer 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. 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. 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. 8.12 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 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. 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. 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. 8.13 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 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. 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. 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, 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 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. 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. 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, 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. 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. 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. 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. 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 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. 8.14 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 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in 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. 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 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. 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. 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 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. 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. 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. 8.15 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. 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 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. 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; 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. 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. 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; 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. 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. 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. 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. 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 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. 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. 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. 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 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. 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. 8.16 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 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. 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 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. 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. 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. 8.17 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. 8.18 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. 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. 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 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. 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. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. SUPPLEMENTARY CONDITIONS ARTICLE S.C. O INTRODUCTION These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract C-700 (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. 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. 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 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 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. 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: "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 $2,000,000 6.03.A.2. Commercial General Liability: 1. Bodily Injury (including completed operations and products liability): $2,000,000 Each Occurrence $2,000,000 Annual Aggregate 2. Property Damage: $2,000,000 Each Occurrence $2,000,000 Annual Aggregate 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. or a combined single limit of: $2,000,000 3. Property Damage Liability Insurance will provide Explosion, Collapse and Underground Coverage’s where applicable. Personal Injury, with employment exclusion deleted: $2,000,000 Annual Aggregate 6.03.A.3. Comprehensive Automobile liability: Bodily Injury: $2,000,000 Each Person $2,000,000 Each Occurrence Property Damage: $2,000,000 Each Occurrence or combined single limit of: $2,000,000 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: $2,000,000 Each Occurrence Property Damage: $2,000,000 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. ARTICLE S.C. 7.09 PERMITS 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 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. -- * Minnesota Pollution Control Agency (including General Storm-water Permit for Construction Activity) 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. 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. 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. 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." 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: 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. 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. 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. 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 subcontractor(s) in accordance with Minnesota Statute 337.10 Building and Construction Contracts; Prohibited Provisions. After Substantial Completion, the Owner shall pay an amount sufficient to increase total payments to Contractor in accordance with Minnesota Statute 15.72 Progress Payments on Public Contracts; Retainage. 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 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. defective, or if the repair of any damages to the land or areas made available for CONTRACTOR’s use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions: (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. END OF SECTION DIVISION I GENERAL REQUIREMENTS (2014) TABLE OF CONTENTS DIVISION I GENERAL REQUIREMENTS Page 1. General ....................................................................................................................... 3 2 Scope of Work ............................................................................................................ 3 3. Description of Project ............................................................................................. 3-4 4. Work Sequence .......................................................................................................... 4 5. Award of Bids .......................................................................................................... 4-5 6. Preconstruction Conference ...................................................................................... 5 7. Protection of Existing Facilities ............................................................................... 5-6 8. Construction Stakes -- Alignment and Grades ........................................................... 6 9. Inspection of Work ..................................................................................................... 7 10. Rubber-Tired Equipment ........................................................................................... 7 11. Site Maintenance .................................................................................................... 7-9 12. Final Inspection .......................................................................................................... 9 13. Sampling and Testing ............................................................................................ 9-10 14. Temporary Sanitary Facilities ................................................................................... 10 15. Protection of the Public ...................................................................................... 10-11 16. Traffic Provisions, Signing and Public Safety ...................................................... 11-12 17. Protection of Adjacent Properties ........................................................................... 12 18. Air and Water Pollution ........................................................................................... 12 19. Erosion Control ................................................................................................... 12-13 20. Construction Limits .................................................................................................. 13 21. Time of Work ........................................................................................................... 13 22. Liquidated Damages................................................................................................. 13 23. Compensation for Increased or Decreased Quantities ...................................... 13-14 24. Partial Payments ...................................................................................................... 14 25. Mobilization ............................................................................................................. 14 26. Dewatering ............................................................................................................... 14 27. Temporary Water ..................................................................................................... 14 28. Special Provisions ................................................................................................ 15-21 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 The following is a brief description of the work included as part of this project: NE Business Center and Parking Ramp Demolition, City Project 2011 4. WORK SEQUENCE The work shall be substantially completed on or before the dates listed below and be ready for final inspection on or before the dates listed below: SUBSTANTIAL PROJECT COMPLETION FINAL COMPLETION NE Business Center and Parking Ramp Demolition October 12, 2020 October 31, 2020 Project 2011 Substantial completion shall be defined as the building and parking ramp materially removed, rough grade established, SWPPP requirements installed and maintained, perimeter fencing installed and maintained. Final completion shall be defined as the completion of all work as represented in the plans and specifications including restoration. 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 Monday, August 10, 2020. 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 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. Utility companies which service the City of Columbia Heights will also be invited to attend. 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. The Contractor’s project superintendent shall attend a preconstruction meeting with property owners/residents adjacent to the construction areas and Engineering Department staff. 7. PROTECTION OF EXISTING FACILITIES A. The utility information shown on the plans has been provided by the supplier(s), including the City of Columbia Heights. The utility information is quality level “D”. This utility quality level was determined according to the guidelines of CI/ASCE 38-02, entitled “Standard Guidelines for collection and depiction of existing subsurface utility data”. 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. 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 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. 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 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 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 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 project manual 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. 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, perimeter 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. If a separate line item is not provided on the bid tab, 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). 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. B. Method of Measurement: 1. Measure all required procedures and equipment on a lump sum basis. 2. No measurement will be made for individual items, equipment or temporary pavement markings. 3. Procedural and equipment revisions resulting from minor changes or field adjustments will be considered incidental. C. Basis of Payment: 1. Payment for the maintenance of traffic shall be at the Contract Unit Price as listed on the Bid Form. All associated work items shall be considered incidental. 2. Progress payment amounts for traffic control will be determined by the percentage of the total contract completed based on the following schedule: % OF CONTRACT Completed % of Item Paid 5% 15% 25% 40% 50% 70% 75% 90% 100% 100% 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. Existing property iron monuments (capped or uncapped) disturbed by the Contractor shall be replaced at the Contractor's expense. Existing irrigation and pet containment systems disturbed by the Contractor shall be repaired at the Contractor’s expense. 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. EROSION CONTROL Erosion control measures installed and maintained by the Contractor shall meet or exceed the requirements in the National Pollutant Discharge Elimination System (NPDES) Permit, whether or not a General Stormwater Permit for Construction Activity is required from the Minnesota Pollution Control Agency for this project. Erosion control shall include but not limited to the following:  silt fence,  fiber blanket/logs,  soil stabilization methods,  diversion ditches,  storm drain inlet protection,  staked hay bales around manholes/catch basins, and  rock construction entrances, all which will be considered incidental to the project cost unless a pay item is provided. If the erosion control materials need to be removed to facilitate construction, these materials shall be replaced as soon as the construction item is completed. Failure to maintain the erosion control will be sufficient cause to withhold further payments on the project until the maintenance is complete. In addition, concrete ready-mix trucks shall have self-contained wash-out units. 20. CONSTRUCTION LIMITS The City will endeavor to have obtained all necessary easements and rights-of-way prior to the start of construction. Failure to acquire all easements and rights-of-way prior to the start of construction shall not be cause for the Contractor to request a time extension. Prior to beginning work, the City must have the necessary rights-of-way and easements. The Contractor shall confine his operations to the limits of the construction area. The Contractor shall contact the Engineer and obtain permission before storing, stockpiling, building haul roads, excavation, etc., outside existing rights-of-way. Clearing and grubbing shall be contained within the right-of-way, unless otherwise approved by the Engineer. 21. 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. 22. 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. 23. COMPENSATION FOR INCREASED OR DECREASED QUANTITIES Delete Paragraphs 1 through 3, MnDOT Section 1903 and substitute the following: "There will be no adjustment in unit price for increased or decreased quantities under this Contract." 24. PARTIAL PAYMENTS Quantities for each street shall be recorded by the Contractor and submitted to the Engineering Department prior to request for partial payment. 25. 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% 26. 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. 27. 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, preferably at the Public Works rear yard. 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. DIVISION I SPECIAL PROVISIONS - GENERAL REQUIREMENTS 28. SPECIAL PROVISIONS 2 SCOPE OF WORK a. Obtain all Municipal demolition and MPCA permits and any other permits required by the Authorities Having Jurisdiction for the demolition work b. Includes Fulltime competent supervision c. Storm Water Pollution Prevention Plan installation per Civil plans required for the building and ramp demolition. When demolition is complete, leave erosion measures in place in good condition. d. Include inlet protection along 40th Ave at all potentially impacted catch basins that may not be clearly shown on the SWPP plan. e. SWPP daily maintenance with necessary upgrades due to changing site and weather conditions while onsite with additional corrections to be made by CONTRACTOR when notified by the Doran Superintendent until the SWPP scope is transferred to the Earthwork Subcontractor (SWPP transfer to start on the first day of Earthwork Subcontractor mobilization) f. Provide temporary toilets for use onsite by Owner, Contractor and Engineer. g. Protect adjoining properties and ROW from damage of any kind h. Protection of existing transformers that formally powered the building and ramp. The building and ramp power has been disconnected however, due to neighborhood power routing these transformers will remain live during the entirety of this work. i. Removal of regulated/ universal waste in the building j. Removal of asbestos containing materials in accordance with Braun Intertec survey dated January 15, 2020. k. Abandonment and removal of passenger elevators per State of Minnesota requirements. l. Clear site of all parking lots, hardscape, and trees per demolition plan. m. Rough grade site and stabilize exposed soils. n. Asset recovery and removals of all remaining FF&E and or personal property remaining in the building with all proceeds and all scrap proceeds to Contracting o. Field verification of existing sanitary, storm, and water utilities and disconnection of those services at the existing property line p. Coordination with other utility providers for disconnection q. All utility disconnects for building demolition as directed by the City of Columbia Heights r. The existing storm line that runs north and south splitting the site between the office building and the ramp will not be removed as part of this scope of work. This line will remain in place and should be protected from damage during this work and any required inlet protection is part of this scope of work. s. Coordination with Comcast and CenturyLink utilities for re-routing and removal of services if needed t. Existing buildings and site demolition and removal including, but not limited to, slabs, foundations, roofing, and building systems u. Legal disposal of all demolished materials v. Export/ transportation costs for demolished materials w. Depressions in grade resulting from structural debris removals need to be left in a safe and stable condition with slope less than OSHA maximum slope requirements. x. Includes dust control management using best practices to control and eliminate any dust nuisance caused by and during this scope of work y. Includes construction water and any required meters and fees z. Traffic control, street cleaning, and flagging for own work aa. All pricing through the completion of the project, including but not limited to labor increase and fuel increases bb. Bond Costs cc. In addition to items listed above Contractor must comply with: Conduct demolition operations and removal of debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets or other occupied or used facilities without City, MnDOT or County permissions. Provide alternate routes around closed or obstructed traffic ways, flagmen, and traffic control as required by the Engineer. Conform to the requirements of all laws, ordinances, rules, regulations and orders of any public authority having jurisdiction, including, but not limited to City of Columbia Heights Code of Ordinances, applicable Building Codes, OSHA Regulations, and EPA/MPCA Regulations. The Contractor shall, as part of the lump sum bid, secure and pay for all permits, governmental fees, licenses and disconnection charges necessary for the proper execution of the demolition work. The Contractor shall coordinate/ensure the disconnection and removal of any utilities and services not specifically listed in the proposal. This work shall be incidental to the project. Contractor shall protect existing streets, curb and gutter, sidewalks, fences, trees, utilities and other features that are to remain from damage from work of this section. In the event of damage, Contractor shall immediately make all repairs and replacements necessary subject to the approval of the Engineer and at no additional cost to the Owner. 4 WORK SEQUENCE Removal: The Contractor shall remove the building and parking ramp designated for removal including steps, concrete sidewalks, floors and foundations, driveways, and parking areas, as shown on the Plans. All items shall be removed from the project site and be disposed of at a legal site selected by the Contractor. Such disposal areas shall be approved landfills or property under direct control of the Contractor, in accordance with State and local rules and regulations. No burying of debris on the project site will be permitted. Submit copies of permits, required legal notices, and disconnection certificates to the ENGINEER, including the following: • City of Columbia Heights Demolition permit application and Demolition Permit. • MPCA, EPA and Minnesota Department of Health permits, notifications, responses, and amendments, NPDES permits • Name and address of legal landfill(s) that will be used for disposal. Owner assumes no responsibility for actual condition of structures to be demolished. Owner will maintain conditions existing at time of inspection for bidding purposes in so far as practicable. However, variation may occur due to unforeseen events such as vandalism prior to demolition. Explosives: Use of explosives will not be permitted. Particle Containment: Use water sprinkling, temporary enclosures, and/or other suitable methods to limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing regulations pertaining to environmental protection. Public Utilities: Maintain existing utilities indicated to remain in service and protect from damage during demolition. Do not interrupt existing utilities serving occupied or used facilities, except after notification and authorization from appropriate utility company and the City of Columbia Heights to provide temporary services during interruptions to existing utilities as acceptable to appropriate utility company and City. Excavation, backfilling, or filling in areas outside the property lines as required to complete disconnection of utility services, shall conform to the specifications and requirements of the City. Ensure and/or arrange for disconnection of utility service connections to buildings to be demolished such as water, sewer, gas, electricity, cable, and telephone in accordance with the regulations of the appropriate utility. Cap, seal, or terminate all utilities at property line or nearest pole or as required by the appropriate utility company. All water and sewer pipe, between structure and property line, to be removed and properly disposed of. Coordinate disconnection and removal of utility owned equipment with appropriate utility companies prior to starting demolition. Protect and return all water meters to the City of Columbia Heights. Place markers to indicate location of disconnected services for coordination and approval of City of Columbia Heights Engineer. Identify remaining service lines and capping locations on Project Record documents. Disposal of Materials and Debris: All hazardous materials and asbestos, as identified in the reports by Braun Intertec, to be removed and properly disposed of by Contractor in accordance with all applicable laws and regulations, and these Specifications. All demolition materials to be removed from the site each working day. Transport materials in accordance with transport permits, and transportation regulations. Dispose of materials in the appropriate legal landfill(s). 7. PROTECTION OF EXISTING FACILITIES The contractor shall protect an Xcel transformer and utility line located on the south side of the 3989 building. 8. CONSTRUCTION STAKES -- ALIGNMENT AND GRADES The Contractor shall provide necessary survey construction stakes as necessary to establish rough grade for the site. 11. SITE MAINTENANCE If the Contractor is negligent in performing site maintenance, the City reserves the right to perform this work with its own forces at the City’s cost times an overhead multiplier of 2.9. 13. SAMPLING AND TESTING The actual test locations and elevations will be determined in the field by the Engineer. The minimum frequency of testing required for this Project is as follows: These tests will be paid for by the Owner. 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 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. 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, MnDOT and Anoka County. 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 Public Safety Departments, MnDOT and Anoka County shall be coordinated through the Engineering Department. B. Alley Access During the progress of demolition, the Contractor shall make every effort to provide access onto the alley from 40th Avenue located at the NE corner of the project site. At all critical construction phases where access may be limited, the Contractor is responsible for informing property owners of restrictions to access or other inconveniences at least 24 hours prior to commencing work at the property. The City Engineer reserves the right to modify the Contractor's access if found not to be in the best interests of the City as determined by the City. C. Pedestrian Access During the progress of construction, the Contractor shall provide safe passage for pedestrians. If sidewalk closures are required, a pedestrian detour plan must be approved by the jurisdictional agency prior to implementation. Temporary Lane Closure Requirements: A. Temporary lane closures or other restrictions by the Contractor, during work hours and consistent with the time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for temporary lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. This may include, but is not limited to, barricades, advance warning arrow boards, warning signs, flaggers with two-way radios, trailers, flashers and cones. Application of traffic control devices shall be in accordance with the MN MUTCD. Sign panels shall be in accordance with the MnDOT Standard Signs Manual. B. The Owner reserves the right to impose time limitations on temporary lane closures, or other restrictions to traffic on other roads, as may be necessary to safely provide for traffic. The Engineer will have the right to lengthen, shorten, or otherwise modify the foregoing periods of restrictions as actual traffic conditions may warrant. C. All temporary lane closures used at night shall have plastic drum-like channelizers (or Type I barricades with steady burn lights) in the lane closure taper and also in any shifts in traffic alignment. D. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefor. E. Temporary lane closures will not be permitted during non-working hours or inclement weather, nor any other time when, in the opinion of the Engineer, the lane closure will be a greater than normal hazard to traffic. General Requirements: A. The Contractor shall be responsible for proper relocation of traffic control devices misplaced by Contractor and Subcontractor operations. B. The Contractor shall inspect, on a daily basis, all traffic control devices, which he has furnished and installed, and verify that the devices are placed in accordance with these Special Provisions, and the MN MUTCD. Any discrepancy between the placement and the required placement shall be immediately corrected. C. When signs are installed, they shall be mounted on posts driven into the ground at the proper height and lateral offset as detailed in the MN MUTCD. If this is not possible, they shall be mounted on portable supports or barricades as approved by the Engineer. When signs are removed, the sign posts shall also be removed as soon as possible. D. The Contractor shall be required to cover or remove all traffic control devices which may be inconsistent with traffic patterns during all traffic switches. E. All in-place signs and delineators mounted on less than three posts (not including back bracing) and which interfere with the Contractor's normal operation, shall be relocated outside of the work area by the Contractor at the direction of the Engineer. Upon completion of work at each sign location, or at the direction of the Engineer, the signs shall be replaced as near to their original locations as possible or to a location designated by the Engineer. Where it is necessary to remove "STOP" or other regulatory signs, the Contractor shall provide qualified flaggers when determined to be needed by the Engineer, until the signs are re-installed. Signs and structures damaged by the Contractor shall be replaced by him at his own expense. F. The Contractor shall provide, at his own expense, protective devices necessary to protect traffic from drop-offs, falling objects, splatter, or other hazards which may exist during construction operations. G. The Contractor will not be permitted to park his vehicles or construction equipment so as to obstruct any traffic control device. H. On any road open to traffic, materials, equipment, and other objects as determined by the Engineer, shall not be stored within the clear zone, as determined by the Engineer and as defined by AASHTO's "Roadside Design Guide”, 4th edition, unless adequately protected by a traffic barrier. I. Sandbags will be the only acceptable weight to stabilize traffic control devices. During freezing conditions, the sand for bags and impact barrels shall be mixed with a de-icer to prevent the sand from freezing. The sandbags shall be placed and maintained at the base of the traffic control devices to the satisfaction of the Engineer. J. All personnel working on or near the traveled roadway shall wear reflectorized safety apparel approved by OSHA and MnDOT. Traffic Control: This work shall consist of furnishing, installing, maintaining, and removing the traffic control devices required to safely provide for traffic as required by these Special Provisions: A. Maintenance of traffic control devices shall be continuous throughout the term of the Contract, including periods of suspension. The Contractor will be required to respond to any call from the Engineer for maintenance of traffic control devices within two hours from the time of notification. The Contractor shall provide a means of receiving calls for maintenance on a 24-hour-a-day basis throughout the term of the Contract. B. All signs shall conform to the Standard Signs Manual or as shown in the Plans. All barricades shall conform to Standard Plate 8000I. All other devices shall conform to the Minnesota Manual on Uniform Traffic Control Devices, except as otherwise detailed in the Plans. Plates to be installed on in-place signs shall be installed using nylon washer spacers to provide air space between the plate and the in-place sign. C. No measurement will be made of the various items that constitute Traffic Control, but all such work will be construed to be included in the single Lump Sum for which payment is made. 19. EROSION CONTROL Silt fence shall be installed at those locations on the plan as designated by the ENGINEER. Silt fence shall conform to the requirements of MnDOT Specification 3886.2B3 for preassembled silt fence and shall be installed per the requirements of MnDOT Specification 2573.3B3. If the Contractor is negligent in maintaining erosion control measures, the City reserves the right to perform this work with its own forces at the City’s cost times an overhead multiplier of 2.9. 20. CONSTRUCTION LIMITS If it becomes necessary to obtain other easements to complete the construction, the Contractor can only obtain an extension of time. Unit prices will not be adjusted because of any delay. Unless otherwise noted on the plans, the construction area is defined as the street right-of-way. The Contractor shall protect adjacent slope paving, retaining wall, and other landscaping features. END OF SECTION SUMMARY OF WORK PART 1 – GENERAL 1.1 SCOPE A. Work covered by the Contract Documents. B. Work phases. C. Work under other contracts. D. Use of premises. E. Work restrictions. F. Specification formats and conventions. 1.2 RELATED REQUIREMENTS A. Section 1900 – Health and Safety Requirements 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: NE Business Center and Parking Ramp Demolition, Project 2011 Project Location: 3989 Central Avenue NE and 950 40 th Avenue NE, Columbia Heights, Minnesota B. OWNER: City Columbia Heights OWNER's Representative: Doran Companies 7803 Glenroy Rd, #200, Minneapolis, MN 55439 JOHN PETERSEN, LEED AP SR VICE PRESIDENT OF PRECONSTRUCTION C. ENGINEER: Kevin Hansen, Director of Public Works City of Columbia Heights 637 38th Avenue NE Columbia Heights, Minnesota 55421 1. GEOTECH AND ENVIRONMENTAL: Braun Intertec Corporation Representative: Braun Intertec Corporation (Braun Intertec); 11001 Hampshire Avenue South, Bloomington, Minnesota 55438 D. The Work generally consists of the following: 1. The Former NE Business Center site consists of a single six story building which includes an elevated pedestrian connection to the adjacent parking ramp. The site includes a four level concrete parking ramp, an elevated mezzanine area, public areas with sidewalks, patios, parking and other site features. 2. The purpose of the project is to prepare the site for redevelopment, and requires the demolition of the building, parking ramp, sidewalks and other paved areas, and disconnection of utilities. This work also includes abatement of asbestos containing materials and excavation work. All demolition material is to be removed from the property and disposed in an approved landfill. The project will be managed by Doran Companies for the City of Columbia Heights and the Contractor will be working directly with Braun Engineering during the demolition work. Braun will provide guidance and inspection on the handling of regulated materials, and response to unexpected conditions if found. Specifically there is asbestos containing materials that will require special handling during demolition. The Project will require perimeter security fence installation and maintenance, soil stockpile management, continuous dust control, construction and maintenance of best management practice (BMP) erosion and storm water control features and on-going storm water management, and other miscellaneous work related to managing regulated wastes and contaminated soils. The Contractor will be responsible for site security for the duration of the project. 3. Hazardous materials handling requirements of project: a. Asbestos abatement at the parking ramp and regulated materials removal at the NE Business Center will occur immediately prior to demolition (i.e. removing asbestos containing caulking on exterior windows, etc.). This abatement work will be completed by the abatement contractor under the direction of Braun Intertec. 1. It is the demolition contractors responsibility to properly remove and dispose of all adhesive/mastic containing concrete in compliance with all Minnesota and federal regulations. b. In addition, asbestos containing material(s) (ACM) may be encountered in areas not accessible to the abatement contractors prior to building demolition. If suspected ACM is encountered during demolition, the demolition contractor will take measures to protect the suspect material until a determination is made by Braun Intertec as to whether the material is ACM or a regulated material. The demolition contractor will immediately notify the ENGINEER when potential ACM or other suspicious materials are encountered. Work in the area of the suspect materials, or other unaffected areas, may continue as long as the suspect material(s) are not altered or damaged and the materials remain safety accessible to Braun Intertec for evaluation. If work cannot continue is the affected area without damaging the suspect materials, the ENGINEER will be notified, and may request that work in this area be stopped until the material can be evaluated by Braun Intertec and the ENGINEER gives clearance for work to continue in the affected area. The ENGINEER will notify Braun Intertec of the discovery of suspicious material. Braun Intertec, once notified by the ENGINEER, will mobilize a hazardous materials technician to the site with 2 business days of notification to evaluate the suspect material(s) and if necessary collect samples for laboratory analysis. If the materials are ACM or regulated materials, Braun Intertec will work with the ENGINEER and the demolition contractor to prepare and implement a plan to properly removal and dispose of these items. a. Health and Safety Plan: the contractor will be responsible to create and follow their own site specific health and safety plan that meets the requirements of Section 01900 – Health and Safety Requirements. E. Specifically, Work under this Contract includes, but is not limited to, the following activities. 1. Mobilization/Demobilization: This task includes labor and equipment mobilization, preparation of Contract required submittals, securing permits not already secured by ENGINEER, preparation of staging and storage areas, establishment of health and safety zones, wash areas and equipment storage at the project Site, and security fencing. The contractor is responsible for providing security fencing as specified on the Contract Documents, and other ancillary actions and items that CONTRACTOR requires prior to the start of the work. 2. Asbestos-Containing Materials (ACM) Abatement and Hazardous Waste Handling and Disposal: This task includes all work associated with permitting, removal, stockpiling if necessary, loading, hauling, and proper recycling and/or disposal of ACM and universal wastes present in the existing Building. ACM abatement will be directed by Braun Intertec, and materials included are listed in the Pre-Demolition Hazardous Building Materials Inspection report by Braun Intertec dated January 15, 2020. 3. Response Remediation. The Phase I Environmental Site Assessment indicated impacted soil and impacted soil vapor may be present at the Site, but are not expected to be encountered during the demolition work. All excavation involving impacted soils will be performed under the direction of Braun Intertec environmental personnel and by contractors and personnel with documented training and experience (OSHA 1910.120). If impacted soils are encountered, the work will be completed under a change order prior to completion of the work. If it becomes necessary to stockpile petroleum impacted soils, the soils will be staged on-Site in one or more stockpiles. Stockpiled impacted soils will be placed on polyethylene sheeting or other impervious surface (existing pavements) and covered with polyethylene sheeting at the end of each workday which shall be secured in place. The stockpiles will be bermed to prevent storm water run-on and/or runoff. 4. Utility Disconnects: Site Utility Services for gas, electric, telephone, sanitary sewer and water will be removed, or abandoned, at the main, or source. Sewer and water pipes are to be removed, or abandoned in place and filled, and the manhole plugged as approved by the Engineer. The existing storm line that splits the property running north and south is to be protected and will remain in place. The branch line running from the west off of this line will be removed and the line is to be patched. At this time, Centerpoint Energy has disconnected all gas services; water services to the building shall be disconnected from the building but need to be abandoned at the main. The sanitary service will require a bulkhead of the existing services in the manhole when connected to a manhole. Existing electrical connection to the building and ramp have been disconnected. The transformers are live and will need to be protected during the entirety of this demolition package. 5. Clear and Grub: This task includes clearing and grubbing vegetation in boulevard and unpaved areas within the Limits of Work, if needed, and disposing of the vegetation off Site and removal of grass and top soil in unpaved areas within the Limits of Work. 6. Demolition – Parking Ramp and Business Center Building: This task includes removal and proper off-site disposal of above-ground site features such as fencing, light-poles, and the existing building and parking ramp; monument sign; sidewalks and pavement within the limits of work and as shown on the Plans; removal and off-Site disposal of miscellaneous equipment and piping encountered during the Work. 7. The parking ramp may require special procedures during demolition. Doran Companies has prepared a demolition site logistic plan for reference. Bidders are required to bid according to the plans included, however after the project is awarded, the selected contractor will be allowed to propose alternative methods to demolish the parking ramp. 8. Pavement Removal: This task includes removal of all site pavement, both concrete and bituminous, including alley, parking areas, sidewalks, decorative features, and miscellaneous features within the limits of construction. 9. General Site Grading: This task includes grading of areas excavated to remove components of the demolition work. CONTRACTOR shall grade the excavations to make safe all slopes onsite prior to substantial completion. Subject to final review by the Engineer. 10. Stormwater Protection: The Contractor is responsible for obtaining required stormwater permits for the project, not obtained by the ENGINEER, including NPDES Construction Site Stormwater. The Contractor will install all required BMPs prior to the start of the work, maintain installed BMPs for the duration of the project, and leave in good condition any temporary BMPs after the site has been stabilized. These are the main work elements. CONTRACTOR shall provide all labor, materials, supplies, equipment, and supervision to complete the Work of the Contract Documents in all respect. 1.4 WORK PHASES C. The Work shall be conducted as follows: 1. The Contractor will set the schedule and timing for all work. A schedule for the work must be submitted to the Engineer prior to the start of work. 2. All Work, including site grading and restoration and shall be substantially complete by October 12, 2020. 1.5 USE OF PREMISES C. Access: All access by the Contractor will be through the approved Construction entrance as shown on the plan. No other access will be allowed. All construction traffic will use 40 th Avenue from Central Avenue, unless approved by the Engineer. The Contract should be aware that neighboring businesses will be parking in private owned adjacent north and south parking lots, and will need to be allowed access at all times, unless otherwise approved by the engineer, and agreed by the property owner. The Contractor will protect and avoid any use of this area. D. Use of Site: Limit use of premises to areas within the Limits of Work indicated. Do not disturb portions of Project Site beyond areas in which the Work is indicated. In all events, access to adjacent streets by the general public is not to be impacted by CONTRACTOR’s Work. The Contractor is responsible for any damage outside the Limits of the Work. E. CONTRACTOR shall allow OWNER and ENGINEER access to the Site as health and safety considerations allow and for additional work performed by others. F. CONTRACTOR shall keep Site free from accumulation of surplus materials and rubbish resulting from the Work. G. CONTRACTOR shall take all steps necessary to avoid depositing debris and mud on roads and streets adjoining or on the Site, from vehicles and equipment operating to and from the construction Site during the Work. CONTRACTOR shall also be responsible for removal of such debris by brooming and washing after each day of hauling contaminated material off-Site and additionally upon notice by ENGINEER or governmental authorities. CONTRACTOR's failure to comply with these requirements within 24 hours after hauling contaminated soil or being given notice by ENGINEER or governmental agency, will result in OWNER having the streets cleaned and deducting the costs of such cleaning from the amount due to CONTRACTOR. 1.6 WORK RESTRICTIONS C. On-Site Work Hours: Work shall be generally performed during normal business work hours between the hours of 7 a.m. and 5 p.m., Monday through Saturday, unless otherwise approved by the Engineer. 1. Sunday Hours: 8 a.m. to 5 p.m. Prior approval from the City is required to work on Sundays. 1.7 SPECIFICATION FORMATS AND CONVENTIONS C. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Abbreviated Language: Language used in the Specifications and other Contract Documents may be abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the tense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. 2. The Work is shown on the Drawings and is further defined in the Specifications herein. Minor and related Work not described or shown, but necessary to the completion of the Work in all respects shall be the responsibility of CONTRACTOR at no cost to ENGINEER or OWNER or delay to the Work. Term "provide" or "provided" shall mean "furnish and install in place." 1.8 WORK BY OTHERS C. Work on the Project which will be or has been executed prior to start of Work of this Contract and may be concurrent to this Contract, but which is excluded from this Contract, is as follows. 1. Technical Engineering Services for observation, sampling and analysis, environmental and geotechnical screening. 1.9 MEANS AND METHODS C. Means and methods of Work performance shall be such as CONTRACTOR may choose; subject, however, to all applicable Laws and Regulations and ENGINEER's and OWNER's right to reject means and methods proposed which: 1. Will not produce finished Work in accordance with the terms of the Contract. 2. Are contrary to specific means or method included in the Contract. 3. May, at the sole discretion of ENGINEER, produce health or safety issues beyond the Site property boundaries. D. The right to reject means and methods of CONTRACTOR shall not be construed or interpreted as acceptance or control of means and methods by ENGINEER. E. ENGINEER's or OWNER's approval or failure to expedite the right to reject means and methods shall not relieve CONTRACTOR of his obligation to complete the Work required by the Contract. F. Total responsibility for control of all means and methods lies with CONTRACTOR for all Work for which it is responsible. 1.10 SPECIAL CONDITIONS C. Upon execution of the Agreement, CONTRACTOR acknowledges full understanding of the nature and location of the Work, the general and local conditions, particularly those bearing upon availability of labor, water, electric power, roads, uncertainties of weather or similar physical chemical conditions at the Site, the conformation and conditions of the Site grades and subsurface features due to historic activities, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, and all other matters which can in any way affect the Work or the stipulated sum cost thereof under this Contract. D. CONTRACTOR further acknowledges satisfaction as to character, quality and quantity of surface and subsurface materials to be encountered from its inspection of the Site and from reviewing records of exploratory work performed by ENGINEER and made available by ENGINEER. Failure by CONTRACTOR to become acquainted with the physical and chemical conditions of the Site and all the available information will not relieve CONTRACTOR from responsibility for properly estimating the difficulty, the duration, or the cost of successfully performing the Work under the stipulated sum. E. CONTRACTOR warrants that as a result of examination and investigation of all the aforesaid information, CONTRACTOR can perform the Work in a professional and workmanlike manner and to the satisfaction of ENGINEER and OWNER and within the schedule as defined in Section 1.5 above. OWNER assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this Contract, unless (1) such representations are expressly stated in the Contract and (2) the Contract expressly provides that the responsibility is assumed by OWNER. F. Because the Work shall be performed in an area with known and potentially contaminated soil, soil vapor and groundwater, CONTRACTOR shall perform the Work in accordance with current health and safety guidelines contained in the Occupational Safety and Health Administration (OSHA) standards published in 29 CFR Part 1910 of the Code of Federal Regulations. CONTRACTOR shall delineate Work areas and prescribe levels of protection in accordance with all applicable OSHA guidelines. Minimum requirements of CONTRACTOR'S health and safety plan are identified in Section 01900 – Health and Safety Requirements. CONTRACTOR shall conduct excavation activities in accordance with current requirements for excavations contained in OSHA standards published in 29 CFR Part 1926.650 Subpart P of the code of Federal Regulations. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION SECTION 01250 - CONTRACT MODIFICATION PROCEDURES PART 1- GENERAL 1.1 SCOPE A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications. 1.2 MINOR CHANGES IN THE WORK A. ENGINEER will issue supplemental instructions authorizing Minor Changes in the Work, not involving adjustment to the Contract Sum or the Contract Time. 1.3 PROPOSAL REQUESTS A. OWNER-Initiated Proposal Requests: ENGINEER will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Proposal Requests issued by ENGINEER are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change. 2. Within five days after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor’s Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 1.4 CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: ENGINEER may issue a Construction Change Directive, which instructs CONTRACTOR to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION SECTION 01270 - UNIT PRICES PART 1- GENERAL 1.1 SCOPE A. This Section includes administrative and procedural requirements for unit prices. 1.2 RELATED REQUIREMENTS A. Section 02300 - Earthwork 1.3 DEFINITIONS A. Unit price is a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if estimated quantities of Work required by the Contract Documents are increased or decreased. 1.4 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit. B. OWNER reserves the right to reject CONTRACTOR's measurement of Work in place that involves use of established unit prices and to have this Work measured, at OWNER's expense, by an independent surveyor acceptable to CONTRACTOR. C. List of Unit Prices: A list of unit prices is included in Part 3. Specification Sections referenced in the schedule contain requirements for materials described under each unit price. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 LIST OF UNIT PRICES A. Unit Price No. 5 — Import General Fill Material 1. Description: Import, place, and compact General Fill Material according to Paragraph 2.1(A) of Section 02300 – Earthwork 2. Unit of Measurement: Ton 3. Method of Measurement: Verifiable weight tickets for each separate truck load. END OF SECTION SECTION 01290 - PAYMENT PROCEDURES PART 1- GENERAL 1.1 SCOPE A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. 1.2 RELATED REQUIREMENTS A. Section 01250 – Contract and Modification Procedures B. Section 01270 – Unit Prices 1.3 DEFINITIONS A. Schedule of Values: A statement furnished by CONTRACTOR, allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing CONTRACTOR's Applications for Payment. 1.4 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with Preparation of CONTRACTOR's Construction Schedule and in consultation with ENGINEER. 1. Correlate line items in the Schedule of Values with other required administrative forms and schedules, including the following: a. Application for Payment forms with Continuation Sheets. b. Submittals Schedule. c. CONTRACTOR's Construction Schedule. d. Grant Application and Reimbursement Language Requirements as directed by ENGINEER. 2. Submit the Schedule of Values to ENGINEER at earliest possible date but no later than five days before the date scheduled for submittal of initial Applications for Payment. B. Format and Content: Provide at least one line item for each Bid Item. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Name of ENGINEER. c. ENGINEER CONTRACTOR's name and address. d. Date of submittal. 2. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Description of the Work. b. Change Orders (numbers) that affect value. c. Dollar value. 3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Provide line items for principal subcontract amounts, where appropriate. 4. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 5. Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.5 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by ENGINEER. 1. Initial Application for Payment, Application for Payment at time of Substantial Completion and final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is indicated in the Agreement between ENGINEER and CONTRACTOR. The period of construction Work covered by each Application for Payment is the period indicated in the Agreement. C. Payment Application Forms: Use AIA Document G702 and AIA Document G703 Continuation Sheets as form for Applications for Payment. D. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of CONTRACTOR. ENGINEER will return incomplete applications without action. 1. Entries shall match data on the Schedule of Values. 2. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. E. Transmittal: Submit 1 signed and notarized original copies of each Application for Payment to ENGINEER by a method ensuring receipt within 24 hours. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information about application. F. Application for Payment at Substantial Completion: After issuing the Certificate of Substantial Completion, submit an Application for Payment showing 100 percent completion for portion of the Work claimed as substantially complete. 1. Include documentation supporting claim that the Work is substantially complete and a statement showing an accounting of changes to the Contract Sum. 2. This application shall reflect Certificates of Partial Substantial Completion issued previously for OWNER occupancy of designated portions of the Work. G. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Updated final statement, accounting for final changes to the Contract Sum. 3. AIA Document G706, "Contractor's Affidavit of Payment of Debts and Claims." 4. AIA Document G706A, "Contractor's Affidavit of Release of Liens." 5. State of Minnesota IC-134 form. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION SECTION 01400 - QUALITY REQUIREMENTS PART 1 – GENERAL 1.1 SCOPE A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve CONTRACTOR of responsibility for compliance with the Contract Document requirements. 1. Specific quality-assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. 2. Specified tests, inspections, and related actions do not limit CONTRACTOR's other quality-assurance and -control procedures that facilitate compliance with the Contract Document requirements. 3. Requirements for CONTRACTOR to provide quality-assurance and -control services required by ENGINEER, OWNER, or authorities having jurisdiction are not limited by provisions of this Section. 1.2 DEFINITIONS A. Product Testing: Tests and inspections that are performed by a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with industry standards. B. Source Quality-Control Testing: Tests and inspections that are performed at the source; i.e., plant, mill, factory, or shop. C. Field Quality-Control Testing: Tests and inspections that are performed on-Site for installation of the Work and for completed Work. D. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. E. Experienced: When used with an entity, "experienced" means having successfully completed a minimum of five previous projects similar in size and scope to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. 1.3 CONFLICTING REQUIREMENTS A. General: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different, but apparently equal, to ENGINEER for a decision before proceeding. B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to ENGINEER for a decision before proceeding. 1.4 QUALITY ASSURANCE A. General: Qualifications paragraphs in this Article establish the minimum qualification levels required; individual Specification Sections specify additional requirements. B. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. C. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. D. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. 1.5 QUALITY CONTROL A. Tests and inspections not explicitly assigned to OWNER are CONTRACTOR’s responsibility. Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of CONTRACTOR by authorities having jurisdiction, whether specified or not. 1. Where services are indicated as CONTRACTOR's responsibility, engage a qualified testing agency to perform these quality-control services. a. CONTRACTOR shall not employ same entity engaged by OWNER, unless agreed to in writing by OWNER. 2. Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. 3. Where quality-control services are indicated as CONTRACTOR's responsibility, submit a certified written report, in duplicate, of each quality-control service. 4. Testing and inspecting requested by CONTRACTOR and not required by the Contract Documents are CONTRACTOR's responsibility. 5. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct. B. Retesting/Re-inspecting: Regardless of whether original tests or inspections were CONTRACTOR's responsibility, provide quality-control services, including retesting and re- inspecting, for construction that replaced Work that failed to comply with the Contract Documents. C. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provides reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field curing of test samples. 5. Delivery of samples to testing agencies. 6. Preliminary design mix proposed for use for material mixes that require control by testing agency. 7. Security and protection for samples and for testing and inspecting equipment at Project Site. D. Coordination: Coordinate sequence of activities to accommodate required quality-assurance and control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1. Schedule times for tests, inspections, obtaining samples, and similar activities. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 TEST AND INSPECTION LOG A. Prepare a record of tests and inspections. Include the following: 1. Date test or inspection was conducted. 2. Description of the Work tested or inspected. 3. Date test or inspection results were transmitted to ENGINEER. 4. Identification of testing agency or special inspector conducting test or inspection. B. Maintain log at Project Site. Post changes and modifications as they occur. Provide access to test and inspection log for ENGINEER's reference during normal working hours. END OF SECTION SECTION 01410 - REGULATORY REQUIREMENTS/RESPONSIBILITY TO THE PUBLIC PART 1 – GENERAL 1.1 SCOPE A. This Section describes regulatory requirements during CONTRACTOR's implementation of the Work. This Section also describes CONTRACTOR's responsibility to other members of the general public. 1.2 RELATED REQUIREMENTS A. The Drawings, the provisions of the Contract including the General and Supplementary Conditions apply to the Work of this Section. B. Section 01460 - Environment Protection C. Section 01900 - Health and Safety Requirements D. All Division 2 Sections 1.3 REGULATORY REQUIREMENTS A. A. CONTRACTOR shall give all necessary notices, obtain all permits and pay all fees and other costs in connection with the Work; file all necessary plans, prepare all documents and obtain all necessary approvals of all governmental departments having jurisdiction. CONTRACTOR shall obtain all required Certificates of Inspection and approval for the Work and deliver these documents to ENGINEER, except as noted. B. The following permits may be required for the Work: 1. Demolition Permit from the City of Columbia Heights. 2. Notification of Intent to Perform a Demolition to the Minnesota Pollution Control Agency (MPCA). 3. Coverage under the Construction NPDES Storm Water General Permit. 4. ROW permits from jurisdictional permitting agencies (MnDOT and Anoka Co). C. OWNER shall be responsible for obtaining the Grading Permit. CONTRACTOR shall obtain the Demolition Permit, issue Notification of Intent to Perform a Demolition, and provide notification to the MPCA and obtain coverage under the Construction NPDES Storm Water General Permit using the Storm Water Pollution Prevention Plan prepared by ENGINEER and attached to these specifications 1.4 RESPONSIBILITY TO THE PUBLIC A. Traffic 1. CONTRACTOR shall conduct all operations in a manner that complies with all applicable Laws and Regulations and which will in no way discredit OWNER at any time. B. Fugitive Dust Control 1. See Section 1501 — Dust Control C. Intoxicating Liquors, Narcotics and Drugs 1. CONTRACTOR shall not sell and shall neither permit nor suffer the introduction or use of intoxicating liquors, narcotics or drugs upon or about the Work. The enforcement of this requirement shall be the responsibility of CONTRACTOR. D. Protection of Property 1. All property in the vicinity of the Work or that is any way affected by the Work shall be protected and preserved from damage by CONTRACTOR. Trees, fences, water or gas pipes, sewers, drains, groundwater wells, conduits or wires for electrical purposes, railways, or other structures shall not be altered or moved without consent of the persons owning or controlling them. 2. Property damaged shall be immediately repaired and restored at the expense of CONTRACTOR, or if required, CONTRACTOR shall make the necessary repairs. In case of failure on the part of CONTRACTOR to restore such property as deemed necessary by ENGINEER, ENGINEER will have repairs made and any cost thereof will be deducted from payments due or which may become due to CONTRACTOR under this Contract. a. Existing Underground Utilities 1) The locations of known underground utilities that are shown on the Drawings are based on available records and should be considered approximate only. CONTRACTOR shall be responsible for determining the exact location of each utility within the area of excavation and grading whether shown on the Drawings or not. Care shall be exercised during such utility location work to avoid damaging and/or disrupting the affected utility. Notwithstanding information given on the Drawings relating to abandoned utilities (e.g. water lines, storm sewer lines) CONTRACTOR shall verify whether utilities are operable before conducting any subsurface work. CONTRACTOR shall be responsible for protecting all underground utilities that are not being abandoned and for repairing, at CONTRACTOR's expense, damage or damages to any utility caused by its work during the period of construction or within the period covered by his guarantee bond. b. Protection of Trees and Vegetation 1) Trees and other vegetation within and adjacent to the Limits of Work shall be protected by CONTRACTOR unless removal is authorized by OWNER. Operation of all equipment, storage of materials, disposition of graded material and construction in general shall be conducted so as not to injure any vegetation. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION SECTION 01420 - REFERENCES PART 1- GENERAL 1.1 SCOPE A. This section provides definitions utilized throughout the specifications. 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. “Indicated”: Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." B. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. C. "Furnish": Supply and deliver to Project Site, ready for unloading, unpacking, assembly, installation, and similar operations. D. "Install": Operations at Project Site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. E. "Provide": Furnish and install, complete and ready for the intended use. F. "Project Site": Space available for performing construction activities. The extent of Project Site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.3 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents, unless otherwise indicated. 1.4 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Gale Research's "Encyclopedia of Associations" or in Columbia Books' "National Trade & Professional Associations of the U.S." PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION SECTION 01460 - ENVIRONMENT PROTECTION PART 1- GENERAL 1.1 SCOPE A. CONTRACTOR shall perform all Work in such manner as to minimize the polluting of air, water, or land and shall, within reasonable limits, control noise and minimize generation and disposal of solid waste materials, as well as other pollutants. 1.2 RELATED REQUIREMENTS A. Section 01410 - Regulatory Requirements/Responsibility to the Public. B. Section 01500 - Temporary Facilities and Controls. C. Section 01501 - Dust Control. D. Section 01502 - Storm Water Pollution Controls. E. Section 01900 - Health and Safety Requirements. F. All Division 2 Sections. 1.3 PRE-CONSTRUCTION WALK-THROUGH A. Prior to start of any on-Site construction activities, CONTRACTOR and ENGINEER shall make a joint condition survey of the Site. CONTRACTOR shall prepare a brief report indicating on a Site plan the condition of structures, fences, equipment, buildings, and storm water management controls, immediately adjacent to the Site of the Work and access route(s). This report will be signed by both ENGINEER and CONTRACTOR upon mutual agreement as to its accuracy and completeness. 1.4 PROTECTION OF LAND AREAS A. Except for any work or storage area and access routes specifically assigned for the use of CONTRACTOR, land areas outside the Work Areas shall be preserved in their present condition. B. CONTRACTOR shall confine its construction activities to the Limits of Work shown on the Drawings. Storage areas, and access required temporarily by CONTRACTOR in the performance of the Work will be coordinated with ENGINEER. 1.5 PROTECTION OF WATER RESOURCES A. CONTRACTOR shall control the disposal of fuels, oils, bitumen, calcium chloride, acids or harmful materials, both on and off-Site and shall comply with applicable federal, state, county and municipal laws concerning pollution of rivers and streams. Special measures shall be taken to prevent chemicals, fuels, oils, greases, and lubricants from entering public waters. B. Water used in on-Site material processing, concrete curing, foundation and concrete cleanup, and other waste waters shall not be allowed to re-enter the public waters. 1.6 DUST CONTROL A. CONTRACTOR shall maintain all excavations, stockpiles, access roads, waste area, and all other Work areas free from excess dust to such reasonable degree as to avoid causing a hazard or nuisance. B. Dust Control shall be performed in accordance with Section 01501 — Dust Control. 1.7 EROSION CONTROL A. Temporary control measures shall be provided and maintained until permanent drainage facilities are completed and operative. Such measures shall include, but not be limited to, straw wattles and silt fencing. The area of bare soil exposed at any one time by construction operations should be held to a minimum. Section 01502 — Storm Water Pollution Controls includes a detailed discussion of erosion control systems required during the Work. 1.8 CORRECTIVE ACTION A. CONTRACTOR shall, upon receipt of a notice in writing from ENGINEER of any noncompliance with the foregoing provisions, take immediate corrective action in accordance with any and all federal, state, county or municipal laws. If CONTRACTOR fails or refuses to comply promptly, ENGINEER may issue an order stopping all or part of the Work until satisfactory corrective action has been taken. 1.9 POST-CONSTRUCTION CLEANUP OR OBLITERATION A. CONTRACTOR shall, unless otherwise instructed in writing by ENGINEER obliterate all signs of temporary construction facilities such as haul roads, Work areas, structures, temporary security or erosion control fences, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the Work. The disturbed areas shall be graded and restored as shown on the Drawings. CONTRACTOR shall remove all storm water pollution control measures within the Work Areas and security fences installed by CONTRACTOR, except as directed by ENGINEER. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS PART 1 – GENERAL 1.1 SCOPE A. This Section includes requirements for temporary utilities, support facilities, and security and protection facilities, if needed. 1.2 RELATED REQUIREMENTS A. Section 01330 – Submittal Procedures. 1.3 USE CHARGES A. General: Cost or use charges for temporary facilities shall be included in the Contract Sum. Allow other entities to use temporary services and facilities without cost, including, but not limited to, ENGINEER, testing agencies, and authorities having jurisdiction. B. Water Service: Pay water service use charges for water used by all entities for construction operations. A water meter must be rented from Columbia Heights Public Works Department if using Columbia Heights Water. PART 2 – PRODUCTS (Not Used) PART 3 – EXECUTION 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel and ENGINEER. Comply with authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. 3.3 SUPPORT FACILITIES INSTALLATION A. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle general solid waste from construction operations. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. 1. Comply with work restrictions specified in Section 01110 - Summary of Work. B. Temporary Erosion and Sedimentation Control: Provide measures to prevent soil erosion and discharge of soil-bearing water runoff and airborne dust to adjacent properties and walkways, according to requirements of authorities having jurisdiction. 1. Inspect, repair, and maintain erosion- and sedimentation-control measures during construction until permanent vegetation has been established. C. Storm Water Control: Comply with authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of storm water from heavy rains. D. Site Enclosure Fence: CONTRACTOR shall provide and maintain chain- link fencing (minimum 6-feet height) per the project Site Logistics plan. CONTRACTOR shall construct and maintain at least four 20-foot wide gates. If the fence is damaged by CONTRACTOR or vandalism, CONTRACTOR shall promptly repair, maintain, or install new fencing, similar to the existing fencing, as needed, to maintain security of the Site. In no case shall the degree of Site security be reduced by CONTRACTOR’s Work or failure to act. CONTRACTOR to pay for the fencing while work is being completed. Upon final completion of work the fence shall remain in place and will be removed by others. 3.5 TEMPRORARY ELECTRICAL POWER A. There is no available electrical power at the Site. CONTRACTOR shall arrange for and provide for its own power. 3.6 POTABLE WATER A. All water used by CONTRACTOR during the project shall be obtained by CONTRACTOR from fire hydrants at locations designated by the ENGINEER. CONTRACTOR will be responsible for obtaining prior written approval from OWNER and for paying all fees related to fire hydrant connections and water usage during the project. 3.7 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. END OF SECTION SECTION 01501- DUST CONTROL PART 1 – GENERAL 1.1 SCOPE A. This Section provides requirements for CONTRACTOR to minimize dust generation during the Work. 1.2 DEFINITIONS A. Dust shall mean airborne particulates that are associated with or result from CONTRACTOR's activities. Of particular concern is dust associated with CONTRACTOR'S excavation activities, truck traffic onto and off the Site, and ambient wind traversing excavated soil or open excavations. PART 2 — PRODUCTS (Not used) PART 3 — EXECUTION 3.1 MINIMUM REQUIREMENTS A. No visible dust shall be permitted during below-grade demolition, soil excavation, or excavated soil stockpiling or loading. B. To prevent the formation of dust, CONTRACTOR, at a minimum and at all times during working hours, shall be required to: 1. Keep vehicle speeds on the property below 5 miles per hour. 2. Mist or spray water while excavating of soil and loading transportation vehicles. Water used for dust suppression shall be potable water. 3. Control excavation activities to minimize dust generation. 4. Keep the drop heights to a minimum, while loading transportation vehicles. 5. Cover soil stockpiles when not actively adding or subtracting to the pile, and at the end of each day for Contaminated Soils. 6. Have a water supply available continuously. 7. Use alternative soil cover materials. 8. Have a full-time laborer for Dust Control. C. Total dust concentrations will be measured by ENGINEER using portable Miniature Real-time Aerosol Monitors ("MiniRAMs"). During all Site Work, dust concentration measured by ENGINEER with an averaging period 10 seconds, shall be less than 150 micrograms per cubic meter. 3.2 NOTICE TO CONTRACTOR A. The concentrations of hazardous substances present on the Site within soil, and dust present a potential health risk to on-Site workers and off-Site receptors. ENGINEER may conduct dust measurements at the worksite boundaries using direct reading dust monitors, high volume air sampling techniques, or other methods. B. If any dust performance standard listed in Paragraph 3.1 is exceeded, ENGINEER will promptly notify CONTRACTOR. CONTRACTOR shall immediately cease all dust generating activities and revise and implement dust control measures to the satisfaction of ENGINEER before resuming Work. No claims may be made for delays, no extension of Contract Time will be available, and no additional compensation will be paid due to CONTRACTOR's failure to meet dust control requirements in Paragraph 3.1. C. Acceptance of this Contract indicates that CONTRACTOR accepts and will implement, as a minimum, the dust measures identified in this Section. 3.3 CONTINGENCY REQUIREMENTS A. If visible dust is observed by CONTRACTOR, ENGINEER, OWNER, or regulatory agencies, CONTRACTOR shall perform the following: B. Increase the magnitude of dust control measures. C. Increase the frequency of implementation of dust control measures. D. Use ENGINEER-approved dust suppressant additives in the water. E. These contingency measures shall be performed at no additional cost to OWNER and CONTRACTOR shall include appropriate contingency funds in CONTRACTOR's bid to cover such contingency measures. 3.4 EXCESSIVE WATERING A. Except as required by ENGINEER, CONTRACTOR shall not employ dust control methods which result in ponded water, or surface erosion. 3.5 CONTRACTOR'S RESPONSIBILITY A. Effective control of dust is of paramount importance for protection of workers on the Site, for protection of the public, and for compliance with Laws and Regulations. During the performance of all Work, CONTRACTOR shall employ conscientious and effective means of dust control. CONTRACTOR shall assume responsibility for all damages, delays, government- imposed penalties or fines, and claims which result from CONTRACTOR's negligent dust control practices. END OF SECTION SECTION 01502 - STORM WATER POLLUTION CONTROLS PART 1 - GENERAL 1.1 SCOPE A. Work under this Section includes implementation of a Storm Water Pollution Prevention Plan (SWPPP) prepared by ENGINEER. The SWPPP shall be implemented before, during, and after precipitation events and provide for permanent post-construction storm water pollution controls following completion of construction. CONTRACTOR shall assume responsibility for all damages, delays, government-imposed penalties or fines, and claims which result from CONTRACTOR's failure to control storm water. 1.2 RELATED REQUIREMENTS A. Section 01330 – Submittal Procedures. B. All Division 2 Sections. 1.3 DEFINITIONS A. Storm Water Pollution Controls/Best Management Practices (BMPs): Structural and non- structural measures provided by CONTRACTOR before, during, and after a rainfall event to minimize storm water runoff from the Site, prevent on-Site sediment from being carried off- Site, and limit pollutant load to storm water runoff. 1.4 STORM WATER POLLUTION PREVENTION PLAN A. CONTRACTOR shall obtain coverage under the Construction NPDES Construction Storm Water General Permit from the Minnesota Pollution Control Agency (MPCA). CONTRACTOR shall assume responsibility of ENGINEER-prepared Site-specific Storm Water Pollution Prevention Plan attached to these specifications by completing and submitting the attached Application for Permit Transfer/Modification to ENGINEER and the Minnesota Pollution Control Agency (MPCA). The storm water pollution controls shall conform to City and MPCA requirements for construction projects. CONTRACTOR shall implement BMPs required by the National Pollution Discharge Elimination System/State Disposal System (NPDES/SDS) General Storm Water Permit for Construction Activity in Minnesota and perform inspections described in the SWPPP. A copy of the SWPPP shall be maintained on Site. 1.5 SPILLS A. In the event of a spill or release of a hazardous substance (as designated in 40 CFR 302), pollutant, contaminant, or oil (as governed by the Oil Pollution Act (OPA), 33 U.S.C. 2701 et seq.), CONTRACTOR shall notify OWNER immediately. If the spill exceeds the reporting threshold, OWNER will follow the pre-established procedures for immediate reporting to the appropriate regulatory agencies. Immediate containment actions shall be taken by CONTRACTOR to minimize the effect of any spill or leak. Cleanup shall be in accordance with applicable Federal, State, and Local regulations. Additional sampling and testing may be required to verify spills have been cleaned up. Spill cleanup and testing shall be done at the sole expense of CONTRACTOR. 1.6 SPILL RESPONSE MATERIALS A. CONTRACTOR shall provide and maintain on-Site spill response materials including, but not limited to, containers, adsorbent, shovels, and personal protective equipment. Spill response materials shall be available at all times and at sufficient quantities to handle hazardous materials/wastes that are being handled, stored, or transported. Spill response materials shall be compatible with the type of material being handled. 1.7 PROTECTION OF WATER RESOURCES A. CONTRACTOR shall control the disposal and use of chemicals, petroleum products and foreign or hazardous materials, both on and off-Site and shall comply with applicable federal, state, county and municipal laws concerning pollution of soil, groundwater, rivers, and streams. Special measures shall be taken to prevent chemicals, petroleum products, construction materials, sanitary waste, foreign substances, or hazardous materials from entering soil, groundwater, or public waters. B. Water used in on-Site material processing, dust control, concrete curing, foundation and concrete cleanup, and other waste waters shall not be allowed to enter public waters. 1.8 EROSION CONTROL A. Surface drainage from cuts and fills within the construction limits, whether or not completed, shall be graded to control erosion within the Limits of Work. B. Temporary control measures shall be provided, modified as necessary and maintained until permanent drainage facilities are completed and operative using BMPs described in the SWPPP. C. The area of bare soil exposed at any one time by construction operations shall be held to a minimum. PART 2 - PRODUCTS (Not Used) PART 3 – EXECUTION 3.1 STORM WATER POLLUTION CONTROLS DURING SITE WORK A. CONTRACTOR shall provide controls to prevent storm water runoff from exposed soil on the Site and prevent sediment, especially sediment potentially containing Site chemicals of concern, from leaving the Site. B. Storm water that contacts Site soils shall be handled using the procedures described in Section 02116 - Contact Water Management. CONTRACTOR will not be paid for treatment of Contact Water that is created due to CONTRACTOR's failure to implement successful storm water or other water management practices. This determination shall be made by ENGINEER. C. CONTRACTOR shall also provide controls so that storm water does not accumulate in excavations, pits, or trenches constructed during the Work. CONTRACTOR shall be responsible for the removal, treatment (if required), and proper disposal of any rainwater that accumulates in excavations, pits, or trenches prior to the pits being backfilled. D. If ENGINEER observes conditions that are not in compliance with the SWPPP or Laws and Regulations, ENGINEER will notify CONTRACTOR. CONTRACTOR shall provide a remedy immediately. If CONTRACTOR fails to take appropriate action, OWNER will provide a remedy and deduct the costs of the remedy from the amount due to CONTRACTOR. E. After Work activities are complete, CONTRACTOR shall file a Notice of Termination for the General Permit. CONTRACTOR shall leave the Site such that there are no obstructions that will prevent rainfall runoff from flowing off Site. END OF SECTION SECTION 01770 - CLOSEOUT PROCEDURES PART 1 – GENERAL 1.1 SCOPE A. This Section includes administrative and procedural requirements for Contract closeout, including, but not limited to, the following: 1. Inspection procedures. 1.2 RELATED REQUIREMENTS A. Section 01290 - Payment Procedures 1.3 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 1.4 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: 1. Submit a final Application for Payment according to Section 01290 - Payment Procedures. 2. Submit certified copy of ENGINEER's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by ENGINEER. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, ENGINEER will either proceed with inspection or notify CONTRACTOR of unfulfilled requirements. ENGINEER will prepare a final Certificate for Payment after inspection or will notify CONTRACTOR of construction that must be completed or corrected before certificate will be issued. 1. Re-inspection: Request re-inspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.5 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Preparation: Submit three copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by CONTRACTOR that are outside the Limits of Work. 1. Include the following information at the top of each page: a. Project name b. Date c. Name of ENGINEER d. Name of CONTRACTOR PART 2 – PRODUCTS (Not Used) PART 3 – EXECUTION (Not Used) END OF SECTION SECTION 01900 - HEALTH AND SAFETY REQUIREMENTS PART 1 - GENERAL 1.1 SCOPE A. This Section outlines the health and safety requirements to be followed by CONTRACTOR during the performance of the Work. B. These requirements are in addition to but do not supersede any federal, OSHA, state, or local regulations. If a conflict occurs between these requirements and current regulations, the more stringent shall apply. These requirements are in accordance with and incorporate the current health and safety guidelines established in the Standard Operating Safety Guides, prepared by the EPA Office of Emergency and Remedial Response, Hazardous Response Support Division, September 1984, and the Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, October 1985, and OSHA standards for hazardous waste operations (29 Code of Federal Regulations (CFR) 1910.120). 1.2 RELATED REQUIREMENTS A. Section 01330 — Submittals and Procedures. B. Section 01410 - Regulatory Requirements/Responsibility to the Public. C. Section 01460 - Environment Protection. D. Section 01500 - Temporary Facilities and Site Controls. E. All Division 2 Sections. 1.3 SUBMITTALS A. CONTRACTOR shall submit its Site Health and Safety Plan in accordance with Section 01330 – Submittal Procedures B. CONTRACTOR shall submit OSHA 40-hour training certificates and current 8-hour update certificates for each worker that enters the Exclusion Zone and Contamination Reduction Zone areas (which encompasses the entire Site) and maintain a file of these certificates on- Site (see Paragraph 1.6). 1.4 HAZARDOUS MATERIALS HEALTH AND SAFETY A. In addition to the guidelines referenced above, the following regulations and references apply to performance of the Work: 1. Hazardous Waste Operations and Emergency Response - 29 CFR 1910.120 2. Occupational Safety and Health Administration (OSHA), Construction Industry Standards - 29 CFR 1926 3. Occupational Safety and Health Administration (OSHA), General Industry Standards - 29 CFR 1910 1.5 CONTRACTOR'S RESPONSIBILITIES A. CONTRACTOR is solely responsible for the health, safety, and protection of CONTRACTOR'S on-Site personnel or subcontractors during the performance of the Work. CONTRACTOR shall perform the Work specified in these Contract Documents in accordance with the health and safety requirements specified herein, including the current edition of the Standard Operation Safety Guides and OSHA Guidance Manual, and all federal, OSHA, state, and local health and safety regulations. It shall be the responsibility of CONTRACTOR to be familiar with the required health and safety regulations in the performance of this Work. B. CONTRACTOR shall prepare a Site-specific Health and Safety Plan in accordance with Laws and Regulations. CONTRACTOR's Health and Safety Plan shall be prepared under the supervision of and be signed by a Certified Industrial Hygienist. C. CONTRACTOR shall provide a Health and Safety Officer to implement, monitor, and enforce its Site Health and Site Safety Plan. The Health and Safety Officer shall have a sound working knowledge of federal and state occupational safety and health regulations and formal educational training in occupational safety and health. D. The Health and Safety Officer may implement requirements in addition to those specified herein. E. CONTRACTOR's bid shall be based on use of specific levels of personal protection for various portions of the Work as described in the Contract Documents. Assumptions regarding appropriate levels of personal protection utilized in preparing the bid shall in no way influence the proper implementation by CONTRACTOR of appropriate levels of worker protection in accordance with CONTRACTOR's Site Health and Safety Plan based on actual Site conditions. F. Should any unforeseen or Site-specific safety regulated factor, hazard, or condition become evident during the performance of the Work, CONTRACTOR shall take immediate and prudent action to establish and maintain safe working conditions and to safeguard Site personnel, the public and the environment. CONTRACTOR shall also immediately inform ENGINEER of such a condition. 1.6 WORK AREAS A. CONTRACTOR shall clearly lay out and identify Work areas or zones in its Site Health and Safety Plan and shall limit equipment, operations, and personnel in the areas as defined below: 1. Exclusion Zone: The exclusion zone (EZ) is the zone where contamination does or could occur. All people entering the exclusion zone shall wear prescribed levels of protection. An entry and exit check point shall be established at the periphery of the exclusion zone to regulate the flow of personnel and equipment into and out of the zone and to verify that the procedures established to enter and exit are followed. 2. Contamination Reduction Zone: a. Between the exclusion zone and the support zone is the contamination reduction zone (CRZ), which provides a transition between contamination and clean zones. The CRZ serves as a buffer to further reduce the probability of the clean or support zone becoming contaminated or being affected by other exiting hazards. It provides additional assurances that the physical transfer of contaminating substances on people, equipment, or in the air is limited through a combination of decontamination, distance between exclusion and support zones, air dilution, zone restrictions, and Work functions. b. At the boundary between the EZ and CRZ, decontamination station(s) shall be established, one for personnel and small equipment, and one for heavy equipment. Facilities shall be provided as specified to provide for adequate decontamination of personnel and equipment and to maintain the cleanliness of the contamination reduction zone. 3. Support Zone: This area is defined as being an area outside the zone of contamination. The support zone (SZ) shall be clearly delineated and shall be secured against active or passive contamination from the Work Site. The function of the area includes: a. An entry area for personnel, material, and equipment to the area of Work. b. An exit area for decontaminated personnel, materials, and equipment from the Work area. c. The housing of Site services. d. A storage area for clean safety and Work equipment. 1.7 PERSONNEL PROTECTION PROGRAM/SITE HEALTH AND SAFETY PLAN A. CONTRACTOR shall establish and maintain a complete Health and Safety Program for all personnel working at the Site including personnel that are not CONTRACTOR's employees or subcontractors. CONTRACTOR shall prepare a Site Health and Safety Plan that describes the Site and potential hazards and prescribes monitoring requirement, personal protection requirements and criteria for their selection, Work practices and limitations, and emergency response. B. CONTRACTOR shall certify that all CONTRACTOR, subcontractor, or service personnel entering the EZ or CRZ for the purpose of the Work, for health, safety, security, or administration purposes, for maintenance, or for any other Site-related function, have received safety training as defined in Paragraph (3) of 29 CFR 1910.120, "Hazardous Waste Operations and Emergency Response, Interim Final Rule," including supervisory personnel. C. CONTRACTOR shall be responsible for and guarantee that personnel not successfully completing the required training are not permitted to enter the EZ or CRZ for any reason during Work activities. D. CONTRACTOR shall provide and require that all previously trained CONTRACTOR, subcontractor, or service personnel assigned to or entering the EZ and CRZ are capable of and familiar with the use of safety, health, respiratory, and protective equipment and with the safety and security procedures required for this operation. E. All personnel utilizing respiratory protection equipment shall be fit tested and properly trained and experienced in their use. All respiratory protection equipment that is utilized shall be properly decontaminated and sanitized at the end of each Work day. F. CONTRACTOR shall provide all on-Site personnel with appropriate personal safety equipment and protective clothing. CONTRACTOR shall ensure that all safety equipment and protective clothing is kept clean and well-maintained. All personal protective equipment shall be properly disposed of or decontaminated at the end of the Work day. 1.8 INITIAL ON-SITE TRAINING A. CONTRACTOR shall provide Site-specific training to all personnel who will work on the Site, including personnel that are CONTRACTOR's employees or subcontractors. This Site-specific training shall include, but not be limited to, all items listed below, including emergency procedures for chemical exposure or release, fire, or explosion, and personal injury: 1. Acute and chronic effects of any toxic chemicals identified at the Site. 2. Physical health hazards identified at the Site. 3. Personal hygiene. 4. Safety equipment and procedures required for personal protection. 5. Proper use and fitting of respirator protection equipment. 6. Work zones established at the Site. 7. Decontamination procedures. 8. Prohibitions in contaminated areas: a. Beards and long sideburns, if respiratory protection is anticipated or required. b. Eating, smoking, chewing. c. Working when ill. d. Working under the influence of alcohol or drugs. 9. Buddy system explained. 10. Emergency response. 1.9 EMERGENCY AND FIRST AID REQUIREMENTS A. CONTRACTOR shall pre-arrange for emergency medical care services at a nearby medical facility and establish emergency routes. CONTRACTOR shall establish communications links with health and emergency services to inform them of any emergency situations that may arise. B. In the event of any emergency associated with or resulting from Work at this Site, CONTRACTOR shall cease Work activity on the Site, as appropriate, per CONTRACTOR's Site Health and Safety Plan. CONTRACTOR shall also take diligent action to remove or otherwise minimize the cause of the emergency, render full assistance to local authorities to remedy any impact on local residents or property, alert ENGINEER, and institute whatever measures might be necessary to prevent any repetition of the conditions or actions leading to or resulting in the emergency. C. CONTRACTOR shall have at least one certified First Aid Technician on-Site at all times. This person may perform other duties, but must be immediately available to render first aid when needed. Certification shall be current, kept on-Site, and consist of successful completion of an American Red Cross course in Multi-Media First Aid and Cardio-Pulmonary Resuscitation (CPR). 1.10 PERSONAL HYGIENE AND DECONTAMINATION A. CONTRACTOR shall be responsible for, and ensure that all CONTRACTOR, subcontractor, and service personnel performing or supervising remedial Work within the EZ or CRZ, or exposed or subject to exposure to hazardous chemical vapors, liquids, dusts, or contaminated solids, observe and adhere to the personal hygiene-related provisions of this Section, the EPA Standard Operating Safety Guides, and all federal and OSHA regulations and guidance. B. CONTRACTOR, subcontractor, and service personnel found to be consistently disregarding the personnel hygiene-related or health and safety provisions of this plan shall, at the request of ENGINEER, be barred from the Site at no cost to OWNER or ENGINEER. C. CONTRACTOR shall provide all personnel, materials, and equipment needed to support their health and safety program. Equipment shall include: 1. Suitable disposable outer wear, gloves, hard hats, and footwear on a daily basis for the use of all on-Site personnel including ENGINEER. 2. Appropriate NIOSH Certified respiratory protection equipment, if required, in sufficient quantities for all CONTRACTOR on-Site personnel. 3. Canisters, cartridges, spare parts, repair tools, hoses, connectors, and other respiratory protection support items as needed. 4. Contained storage and disposal for used outer wear. 5. Hand washing facilities. 6. A facility for changing into and out of and storing work clothing, separate from street clothing, including separate facilities for women. 7. Sanitation facilities as specified in 29 CFR 1926. A lunch and/or break area. D. Used disposable outer wear shall not be reused, and when removed, shall be placed inside disposal containers provided for that purpose and managed in accordance with Section 02120 - Off-Site Transportation and Disposal. E. Smoking, chewing tobacco, eating, and drinking shall be prohibited on the project. F. Soiled disposable outer wear shall be removed prior to leaving the CRZ to enter the SZ, and prior to cleansing hands. 1.11 VEHICLE AND EQUIPMENT DECONTAMINATION A. CONTRACTOR shall provide a decontamination area within the contamination reduction zone for removing contaminants from all vehicles and equipment leaving the EZ. B. CONTRACTOR may use brushing, vacuuming, steam cleaning, pressure washing, or equivalent methods for decontaminating vehicles and equipment. If water is used for decontamination, CONTRACTOR shall perform decontamination on a 12-inch thick gravel pad constructed as two 6’’ thick layers of crushed stone separated by a layer of standard filter fabric. C. CONTRACTOR shall perform decontamination in a manner that meets the requirements of Section 01502 – Storm Water Pollution Controls. D. Personnel engaged in vehicle decontamination shall wear protective equipment including disposable clothing and respiratory protection as necessary. E. Additional requirements for equipment decontamination are provided in Section 01500 - Temporary Facilities and Controls CONTRACTOR shall submit with its Site Health and Safety Plan the proposed method for collecting and disposing of wash water and other decontamination fluids. F. Personnel engaged in vehicle decontamination shall wear protective equipment including disposable clothing and respiratory protection as necessary. 1.12 WORK AREA AIR MONITORING A. During the progress of the Work and as required by CONTRACTOR's Site Health and Safety Plan, CONTRACTOR shall monitor the quality of the air in and around each active Work location on a regular periodic basis (continually when respiratory protection is worn) to determine the need for respiratory protection and/or an upgrade in personal protective equipment. Monitoring shall comply with the requirements of Paragraph (h) of 29 CFR 1910.120 and any other applicable requirements. Any departures from general background shall be entered in the monitoring and project logs. B. CONTRACTOR shall maintain a log of the location, time, type, and value of each reading. Copies of daily log sheets shall be included in a daily report to ENGINEER and shall be provided within 24 hours. C. CONTRATOR's Site Health and Safety Plan shall indicate air monitoring readings or indications that will be used to initiate protective actions including, but not limited to, use of personal protective devices and Site evacuation. CONTRACTOR shall provide justification for such action levels in his Site Health and Safety Plan. D. Oxygen levels of less than 19.5 percent in any storage tanks or other enclosed spaces (excavations, vaults, etc.) shall necessitate the use of self-contained breathing apparatus or the positive ventilation of the space until oxygen levels above 19.5 percent are achieved before commencing Work in the enclosed space. 1.13 VEHICLE TRAFFIC A. Reckless driving will not be allowed at the Site. Excessive speed and/or reckless driving may result in suspension or dismissal of the operator of the vehicle. All motor driven equipment using fuel shall have spark arrestors. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION SECTION 02113 - SOIL CORRECTION PART 1- GENERAL 1.1 SCOPE A. This section includes excavation of soil and aeration of those soils to remove volatile organic compounds prior tore-use of those soils on-Site, if applicable. Backfilling requirements are provided in Section 02300 – Earthwork. 1.2 RELATED REQUIREMENTS A. Section 01501 — Dust Control B. Section 01502 — Storm Water Pollution Controls C. Section 01900 — Health and Safety Requirements D. Section 02114 — Soil and Waste Stockpiling E. Section 02116 — Contact Water Management F. Section 02120 — Off-Site Transportation and Disposal G. Section 02300 — Earthwork 1.3 DEFINITIONS A. Petroleum-Impacted Soil: Soil excavated from the AST Soil Investigation Area depicted on the Drawings, designated as petroleum-impacted Soil by ENGINEER, and approved for on- Site reuse on-Site by ENGINEER. B. VOC-Impacted Soil: Soil excavated designated as VOC-Impacted Soil by ENGINNER, and approved for reuse on-Site by ENGINEER. 1.4 SUBMIITTALS A. Soil Correction Plan: CONTRACTOR shall submit a Soil Correction Plan, which describes the procedures to be used for the Soil Correction on the Drawings. The Plan shall include, at a minimum: 1. Description of proposed procedures for utilities locating, marking, terminating and submittal of location diagrams to ENGINEER (and locations of all termini prior to Work completion). 2. Procedures for compliance with Federal, State, and Local excavation safety requirements [Section 01900 - Health and Safety Requirements] including shoring, benching or sloping in accordance with all applicable Federal, State, and Local regulations. 3. Description of procedures and facilities for the diversion of rainfall-runoff and other water, which may flow in and/or enter an excavation Section 01502 – Storm Water Pollution Controls. 4. Description of proposed procedures and facilities to be used for temporary stockpiling of Potentially Impacted Material, [Section 02114 – Soil and Waste Stockpiling] and planned stockpile locations. 5. Procedures for backfilling following excavation [Section 02300 — Earthwork]. 6. Construction materials for the new sanitary sewer pipeline and associated manholes and the sequencing of the transition from the existing to new sanitary sewer pipeline. 7. Phasing and sequencing of soil correction activities. B. Daily Excavation Quantity Summaries: CONTRACTOR shall prepare a summary of estimated excavation, stockpile, hauled or imported General Fill Material quantities at the end of each day that soil excavation is performed. Daily Excavation Quantity Summaries shall clearly indicate quantities, the basis for estimate, and shall bear the signature of a responsible CONTRACTOR representative. CONTRACTOR shall submit Daily Excavation Quantity Summaries to ENGINEER weekly. 1.5 AIR MONITORING A. ENGINEER may perform perimeter dust monitoring and analysis during the Work at locations and frequencies at the sole discretion of ENGINEER. CONTRACTOR shall coordinate its activities with the perimeter dust monitoring being performed by ENGINEER and shall promptly revise its activities in a manner consistent with dust control requirements outlined in Section 01501-Dust Control, if unsatisfactory monitoring results are obtained. PART 2 – PRODUCTS 2.1 EQUIPMENT A. CONTRACTOR shall define, prior to beginning of Work, the specific equipment to be utilized for the soil correction work. PART 3 – EXECUTION 3.1 EXCAVATION OF SOIL AND DEBRIS A. CONTRACTOR is responsible for locating all utilities within each area of proposed Work and documenting those locations on the ground and on a diagram submitted to ENGINEER at least 48-hours prior to performance of any excavation. CONTRACTOR is responsible for properly terminating any abandoned utility that is disrupted and notifying ENGINEER of each abandoned utility location so that the terminus can be surveyed. B. CONTRACTOR shall not perform excavation work unless ENGINEER's Representative is present. C. CONTRACTOR shall excavate soil to at least the extent described in the RAP, the Drawings, these specifications, or as otherwise directed by ENGINEER. D. CONTRACTOR shall describe proposed locations for stockpile(s) in CONTRACTOR's Soil Correction Plan. Soil stockpiling locations shall be consistent with City of Fridley requirements. E. CONTRACTOR shall implement measures to limit the entry of storm water to the excavations, such as installation of temporary berms or pumping around the excavation. The methods to be used by CONTRACTOR to minimize impacts from storm water run-on shall be described in CONTRACTOR's Soil Correction Plan. F. If workers are to enter excavations 4 feet deep or greater, access ramps or other means of egress must be provided by CONTRACTOR. If workers are to enter excavations 5 feet deep or greater, CONTRACTOR shall provide shoring, benching or sloping in accordance with all applicable Federal, State, and Local regulations. CONTRACTOR shall segregate any soil removed for benching, ramping, or sloping areas that are outside the initial extent of excavation. G. CONTRACTOR shall excavate unsaturated soils in the AST Soil Investigation Area shown on the Drawings. The estimated depth to groundwater in this area is 15 feet. Excavate a series of test pits to the water table to identify the extent of impacted soil and excavate additional soil at the direction of ENGINEER. • one area. • and VOC-Impacted Soil within Future Pavement Areas shown on the Drawings. • Debris Fill and Metals-Impacted Fill within Future Building Areas shown on the Drawings. 3.2 SOIL SAMPLING A. ENGINEER is responsible for soil screening and the collection of soil samples to identify potential environmental impacts. B. CONTRACTOR shall have equipment and personnel available to assist ENGINEER with soil sample collection in excavations 4 feet deep or greater. This equipment is anticipated to consist of a backhoe or equivalent. C. CONTRACTOR shall anticipate a three- day minimum turnaround time for the results of soil samples collected from the base and sidewalls of Potentially Impacted Material. During this period, CONTRACTOR shall not backfill the subject portion of the excavation, and shall maintain all necessary Site controls. Based on the results of the soil sample analysis, ENGINEER may direct CONTRACTOR to perform additional excavation or to backfill and restore the excavation area. D. If unexpected Potentially Impacted Material (defined as currently unknown contaminated soil) is identified by ENGINEER, ENGINEER may collect samples for laboratory analysis prior to the removal of the Potentially Impacted Material. In this event, CONTRACTOR shall anticipate a three-day turnaround time for the results of samples collected from unexcavated Potentially Impacted Material. CONTRACTOR shall not excavate Potentially Impacted Material until directed to do so by ENGINEER. ENGINEER may direct CONTRACTOR to excavate and stockpile the Potentially Impacted Material prior to collecting samples. 3.3 SEPARATION AND MANAGEMENT A. CONTRACTOR shall separately stockpile excavated soil in accordance with Section 02114 - Soil and Waste Stockpiling. B. If directed by ENGINEER, CONTRACTOR shall dispose of Potentially Impacted Material off- Site, in accordance with Section 02120 — Off-Site Transportation and Disposal. C. CONTRACTOR shall place and compact excavated soil in accordance with Section 02300 — Earthwork. 3.4 SITE GRADING A. The final grades of the site after the completion of demolition are shown on the Grading and Erosion Control Plan. Generally the site will be graded to allow for free drainage without ponding. END OF SECTION SECTION 02114 - SOIL AND WASTE STOCKPILING PART 1 - GENERAL 1.1 SCOPE A. This Section covers requirements for stockpiling excavated materials at the Site. Excavated materials shall be stockpiled at the Site pending classification or off-Site disposal, except for ENGINEER-approved materials loaded directly into trucks for off-Site transport and disposal. B. CONTRACTOR shall supply all materials, equipment, and services required for excavating, loading, hauling, and stockpiling operations. 1.2 RELATED REQUIREMENTS A. The Drawings, the provisions of the Contract including the General and Supplementary Conditions and the General Requirements apply to the Work of this Section B. Section 01501 — Dust Control C. Section 01502 — Storm Water Pollution Controls D. Section 01900 — Health and Safety Requirements E. Section 02113 – Soil Correction F. Section 02120 — Off-Site Transportation and Disposal PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 MATERIAL SEGREGATION A. Materials shall be segregated for stockpiling based on the results of previous testing or evaluation by ENGINEER. Categories of material that will be generated on Site. 1. Potentially Impacted Material 2. Petroleum-Impacted Soil B. CONTRACTOR shall establish and maintain separate stockpiles for different categories of material and maintain segregation of the materials in the separate stockpiles, as required by ENGINEER. C. CONTRACTOR shall identify stockpile locations in advance of material placement and the locations will be subject to ENGINEER’s approval and shall be in accordance with all local or state SWPPP requirements. D. Anticipated stockpile Sites for staging materials shall be shown in CONTRACTOR’s Soil Correction Plan. Prior approval for additional stockpile locations shall be obtained by CONTRACTOR from ENGINEER. 3.2 MATERIAL PLACEMENT AND STOCKPILE MAINTENANCE A. CONTRACTOR shall maintain stockpiles until the stockpiled material is transported off-Site or reused as Fill on-Site. CONTRACTOR shall not dispose of any materials from a stockpile without approval from ENGINEER. ENGINEER will perform waste classification testing for material transported off-Site as stated in Part 3.3. B. Stockpiles shall be protected from storm water run-on/run-off and shall have effective erosion and sedimentation control features in accordance with Section 01502 — Storm Water Pollution Controls. This shall include, at a minimum, installing berms or silt fences around Potentially Impacted Soil stockpiles. C. Stockpiles containing Petroleum-Impacted Soil, and VOC-Impacted Soil shall be surrounded with biologs or one-foot tall earth berms on all sides except the uphill side. Before placing material in these stockpiles, a layer of 10-mil polyethylene bottom liner shall be placed on the ground and over the biologs/earth berm to form a basin. Stockpiles shall be maintained normally covered with weighted 10-mil polyethylene sheeting after each soil placement operation. CONTRACTOR shall take care to minimize damage to plastic sheeting during soil placement and loading activities. CONTRACTOR shall repair or replace damaged plastic sheeting before the end of each work day and immediately upon completion of each soil placement or loading event. Before the end of each work day, CONTRACTOR shall inspect soil stockpile areas to determine if stockpiled soil has come into contact with underlying soils. CONTRACTOR shall immediately collect all stockpiled soil that is observed by CONTRACTOR, OWNER, or ENGINEER to be in direct contact with the underlying soils with heavy equipment, shovels, and/or brooms and. CONTRACTOR shall place the collected material in a secure stockpile. 3.3 WASTE CLASSIFICATION TESTING A. ENGINEER will perform sampling and analysis to classify stockpiled Potentially Impacted Material for disposal. ENGINEER will collect waste classification samples within two days of receipt of a written request from CONTRACTOR confirming that stockpiled soil is ready to be sampled. CONTRACTOR shall anticipate a 7 working day turnaround time for the results of waste classification samples. CONTRACTOR shall not dispose or move stockpiled soil until authorized by ENGINEER. END OF SECTION SECTION 02116 - CONTACT WATER MANAGEMENT PART 1 – GENERAL 1.1 SCOPE A. This Section covers the requirements for CONTRACTOR's management of potentially contaminated water and liquids ("Contact Water") at the Site. The following types of Contact Water may be generated, requiring collection and management in association with this project: 1. Groundwater that enters excavation areas during the Work; and 2. Storm water that collects in excavation areas during the Work. B. CONTRACTOR shall transfer and properly manage all Contact Water generated on-Site for the duration of the Work. C. CONTRACTOR shall supply all materials, equipment, and services required for pumping and transporting Contact Waters to discharge locations on-Site, discharge locations will be approved by ENGINEER prior to pumping or transporting of any Contact Waters. D. CONTRACTOR shall perform Contact Water management in accordance with Federal, State and Local requirements. E. CONTRACTOR shall perform Contact Water management in accordance with the requirements of the Storm Water Pollution Prevention Plan, which is discussed in Section 01502 - Storm Water Pollution Controls. 1.2 RELATED REQUIREMENTS A. Section 01502 - Storm Water Pollution Controls B. Section 01900 - Health and Safety Requirements C. Section 02113 – Soil Correction D. Section 02114 - Soil and Waste Stockpiling PART 2 – PRODUCTS 2.1 EQUIPMENT A. Pumps and pipes or hoses for recovery and transfer of Contact Water from excavation areas or other locations to the groundwater discharge locations shall be shown on Contractor’s Soil Correction Plan. B. All equipment utilized for collection, transfer and storage of Contact Water shall be certified by CONTRACTOR to be free of any contaminants prior to first use and shall be made available for inspection by ENGINEER. PART 3 – EXECUTION 3.1 CONTACT WATER COLLECTION, TREATMENT, AND DISCHARGE A. CONTRACTOR shall collect via pumping, Contact Waters present in open excavations. CONTRACTOR shall furnish and install all conveyance piping required to transport water from the excavation areas to the discharge point. Under no circumstances shall CONTRACTOR allow contact waters to discharge to the adjacent City streets, City storm sewer, City sanitary sewer or the surface water drainage ditch north or south of the Site. B. CONTRACTOR shall remove from open excavations the minimum amount of water required to allow the following tasks to be performed in accordance with the project specifications: 1. Excavation of soil required for soil correction. 2. Backfilling and compacting excavations. C. CONTRACTOR shall not remove Contact Water from excavations unless ENGINEER's representative is present, or unless ENGINEER grants approval in advance. D. CONTRACTOR shall provide totalizing flow measuring devices on the water discharge lines for the purpose of flow monitoring. Measuring devices shall be easy to maintain and calibrate, with minimal interruption of service. The type of flow meter selected shall be accurate to 1 gallon of water measured. Water flow rate monitoring shall be in accordance with manufacturer's instructions for the flow monitoring devices. CONTRACTOR shall: 1. Develop a calibration regimen for the flow meter; the calibration regimen shall be approved by ENGINEER. 2. Calibrate the flow meter as instructed by the Manufacturer. 3. Record instrument readings on Operations Logs at least daily. 4. Provide, in each Operations Report, any assumed values that were used to calculate flow rates. 3.2 CONTROL OF STORM WATER A. CONTRACTOR shall adhere to the SWPPP. CONTRACTOR shall prevent to the maximum degree practicable the entry of storm water into open excavations. B. CONTRACTOR shall not be paid for treatment of Contact Water created due to CONTRACTOR’s failure to implement successful management practices for storm water. This determination will be made by ENGINEER. Under no circumstances will CONTRACTOR be compensated for treatment of storm water diverted into excavation areas. END OF SECTION SECTION 02180 - ASBESTOS ABATEMENT PART 1 - GENERAL 1.1 SCOPE OF WORK A. Work under this section includes handling and off-Site disposal of asbestos-containing materials. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 STANDARD OPERATING PROCEDURES A. Restrict access into the Work area to only those employees or visitors previously approved to enter the area by OWNER or ENGINEER. B. Emergency exits shall be established and clearly labeled as such. They shall be secured so as to prevent access from uncontaminated areas yet permit emergency exiting. Emergency exits may include the Decontamination Chamber, Equipment/Waste Transfer Chamber, or other alternative exits approved by OWNER or ENGINEER. All personnel shall be trained on emergency procedures. C. Provide for an approved on-Site superintendent (foreman) during asbestos abatement- related procedures. A Site superintendent shall be present at all times while CONTRACTOR is performing Work. D. Practice safe work procedures in the workspace. Eating, drinking, or smoking is not permitted within the containment area(s) or near any polyethylene sheeting. E. Provide a smoke detection system capable of monitoring the entire containment area and sounding an alert when fire conditions are detected. F. CONTRACTOR will provide for personal air monitoring for determination of exposures during the Work on a daily basis. G. Utilize safe work practices at all times to prevent accidents in and around the work area. H. Minimize release of asbestos fibers during all stages of the Project. I. Maintain all barriers and engineering control systems. Perform regular examinations to identify and immediately correct any problems encountered. J. Provision of fire extinguishers in containment as required by 29 CFR OSHA 1926.150 (a)(1). K. Provision of worker training in the use of fire-fighting equipment as required by 29 CFR OSHA 1926.150 (a)(5). L. Asbestos removal operations meet the following requirements: 1. The chief must be notified 24 hours prior to the commencement and closure of asbestos removal operations. 2. Plastic film used must be flame resistant. 3. Approved signs must be posted at the entrance, exits, decontamination areas and waste disposal areas for asbestos removal operations. The signs must state that asbestos is being removed from the area that asbestos is a suspected carcinogen and that proper respiratory equipment is required. The signs must have a reflective surface and lettering must be a minimum of 2 inches high. 3.2 RESPIRATORY PROTECTION A. Powered air-purifying respirators (PAPRs) equipped with HEPA filter cartridges shall be the minimum level of respiratory protection utilized during the entirety of the Project. However, in the following situations ENGINEER may approve the use of half-face respirators equipped with HEPA filter cartridges. 1. Preparation of barriers, Decontamination Chambers, and mini-containment areas. 2. Pre-cleaning of work areas. 3. Transfer of equipment or bags within the Equipment/Waste Decontamination Chamber Clean Room. 4. Transfer of bagged or barreled debris from the Equipment/Waste Decontamination Clean Room to the dumpster and at the landfill Site during unloading. 5. Approval for use of half-face respirators shall be dependent on demonstrated fiber concentrations for the type of operation involved. Low fiber concentrations do not guarantee approval, however. B. A fully equipped powered air-purifying respirator shall be made available at all times for Authorized Visitors' use. The respirator shall be stored in the Clean Room of the Decontamination Chamber. C. Should CONTRACTOR desire use a Type C respirator (hard-line) system, application must be made to ENGINEER at least one week prior to use. Type C systems must be operated in compliance with all OSHA regulations. D. All individuals assigned a respirator shall inspect their respirator on a daily basis in accordance with the manufacturers recommended testing procedures. 3.3 INSPECTION AND TESTING LABORATORY SERVICES A. OWNER will appoint, employ, and pay for services of an independent firm to perform inspection and testing. B. The independent firm will perform inspections, tests, and other services specified in individual specification Sections and as determined by ENGINEER. C. CONTRACTOR will cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, and assistance as requested. D. Retesting required because of nonconformance to specified requirements will be performed by the same independent firm on instructions by ENGINEER. Payment for retesting will be charged to the CONTRACTOR by deducting inspection or testing charges from the Contract Sum by Change Order. E. Employment of testing laboratory shall in no way relieve CONTRACTOR of obligation to perform Work in compliance with requirements of Contract Documents. F. Testing laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. 3.4 Abatement Contractor Submittals and NOTIFICATIONS A. During the Project, CONTRACTOR shall submit to ENGINEER two (2) bound copies of the following, whenever applicable: 1. Daily entry logs documenting the names of all approved personnel entering or leaving any containment area where an asbestos-contaminated or potentially contaminated atmosphere exists. These entry logs shall be recorded on a daily basis, accessible for review at all times and submitted at the end of the Project. 2. Waste Transport and Disposal Certificates (Manifests) for each load shall be submitted at the end of the Project. 3. Pressure monitoring data shall be submitted at the end of the Project. 4. Personal air sampling data collected by Abatement Contractor. Results and sampling data shall be discussed with ENGINEER's on-Site representative daily and accessible for review at all times. Records of results shall be submitted at the end of the Project. 5. CONTRACTOR's Site supervisor daily logs shall be submitted at the end of the Project. These daily logs shall be recorded on a daily basis, accessible for review at all times and submitted at the end of the Project. 6. Any substitution of products referencing any related specification sections, as well as documentation showing compliance with requirements established for any substitutions. Submit substitution information prior to actual use of product. The following documentation shall be submitted to ENGINEER prior to start of Work, or as noted: 1. Copy of physician's written opinion stating that each worker is physically qualified to wear a respirator in accordance with OSHA 29 CFR 1926.58 (m)(4). 2. Written respirator program and fit test results. 3. Employee training acknowledgment and certifications for asbestos abatement Site supervisors and asbestos abatement workers to be used on the Project as required in the Minnesota Department of Health's "Asbestos Abatement Rules" 7005.1614. 4. An asbestos abatement contractor license as required in the Minnesota Department of Health's "Asbestos Abatement Rules" 7005.1613. B. Notifications Copies of notifications for the following entities shall be submitted to ENGINEER prior to the start of Work. 1. Approved landfill 2. Local police and fire departments 3. Local medical emergency personnel 4. "Notification of Intent to Perform an Asbestos Abatement Project" a. The above notification form shall be submitted by CONTRACTOR to the Minnesota Pollution Control Agency (MPCA) at least ten (10) business days before any disturbance of asbestos material begins. Minnesota Pollution Control Agency Metro Districts - Regular Facilities Section 520 Lafayette Road Nor–h St. Paul, MN 55155-4194 b. The same notification form shall be submitted to the Minnesota Department of Health five (5) calendar days before abatement Work is started. The one percent (1%) Project fee shall also accompany the notification. Minnesota Department of Health Asbestos Abatement Unit 625 North Robert Street P.O. Box 64975 St. Paul, Minnesota 55164-0975 3.5 REMOVAL OF ENTIRE FACILITY COMPONENTS WITH INTACT ASBESTOS-CONTAINING MATERIAL Procedures of this section may be used when removing asbestos-containing material from a facility via "wrap-and-cut" or other similar methods, whereby asbestos-containing material is removed in sections and disposed of intact as asbestos-containing waste. All Work of this type is subject to the provisions of this section, and MDH AAR 4620.3582. A. All air handling equipment servicing the area where abatement is to occur must be shutdown. Controls should be locked off, or marked to prevent tampering of people unaware of the abatement. B. Clean the area within 10 feet of the work area before any disturbance of asbestos- containing material. C. The Work area should be a restricted access area. Entrances to the Work area shall be posted with appropriate warning signs. D. Provide a remote decontamination unit. 1. Personnel working within the immediate area shall wear two (2) full-body disposable suits and a half-face respirator equipped with HEPA cartridge(s). Only one (1) suit shall be required if a decontamination unit is directly connected and accessible from the work area. 2. Before a worker leaves the asbestos work area, that worker must use a HEPA vacuum to remove potential contamination from the outer layer of protective clothing before proceeding to the remote decontamination unit. E. Place a drop cloth of six (6) mil poly on the floor under the Work Site. It should extend ten (10) feet away from the Work Site. F. Wet the ACM with amended water. Do not break the covering to wet the ACM. Maintain the ACM in a wet condition until final disposal. G. Wrap the component with two (2) layers of six (6) mil poly and provide an airtight seal with tape. H. Attach glovebags to the poly wrap (if necessary). Remove sufficient ACM, using glovebag methods as in Paragraph 3.05, if necessary to accomplish the cutting of the component into manageable sections without disturbance of ACM. I. Cover the encapsulated ends of the ACM with six (6) mil poly and provide an airtight seal with tape. J. Cut into sections at glovebag points, lowering the section to the ground (do not drop). K. Air sampling shall be conducted in accordance with Paragraphs 3.03 and 3.04. L. Any exposed ACM remaining must be sealed using palm grade mastic. The resulting surface should be air tight, resilient, and impact resistant. M. A final visual examination of the abated area must be performed by ENGINEER. The Work is not complete unless no visible asbestos-containing residue remains. N. Prior to exiting the glovebag area, the worker shall remove the outer suit and wet-wipe their face, hands and respirator. The worker, with the innermost suit and respirator still on, shall proceed to the remote Decontamination Chamber. O. The drop cloth and disposable suits shall be treated as contaminated waste and disposed of as such. P. Label sections properly for transport and disposal. Disposal of asbestos waste shall be conducted in accordance state and federal Laws and Regulations. 3.6 ASBESTOS ABATEMENT STANDARD PROCEDURES The following procedures, in addition to compliance with MDH AAR 4620.3566 - 3594, are to be used when the removal of twenty-five (25) linear feet or greater of pipe insulation or ten (10) square feet or greater of asbestos-containing material per room is to be conducted. A. Decontamination Chamber The Decontamination Chamber shall consist of three (3) distinct sections as a minimum. These include the Clean Room, Shower, and Equipment Room (dirty room). The overall size of the Decontamination Chamber is dependent on the availability of space; however, it shall be constructed so as to accompany at least four (4) to five (5) individuals at one time. The Decontamination Chamber shall be constructed of two (2) separate layers of six- (6) mil poly. Dark (black) poly shall be installed on the outside of the Decontamination Chamber. Each distinct section shall be separated from its adjacent room by an airlock door, which consists of three (3) distinct poly door flaps or two (2) sets of two (2) distinct poly door flaps with a minimum of three (3) feet of space between doorways. 1. Clean Room a. The Clean Room shall remain free from asbestos contamination throughout the entirety of the Project. The floor surface shall remain free from any water accumulations. CONTRACTOR shall wet-wipe all inside surfaces within the Clean Room on a daily basis or more frequently as needed. b. The Clean Room shall serve as a change room where workers remove all street clothing, including undergarments, and suit up in disposable full-body protective suits. Gym shorts or other articles of clothing to be worn over the disposable suits are permitted, but are required to be left inside the abatement area or Equipment Room. c. CONTRACTOR shall provide all personnel, including ENGINEER and all other Authorized Visitors, with clean full-body disposable protective suits allowing for an adequate number of changes and towels for drying purposes. d. Emergency procedures, phone numbers, and other applicable references shall be posted and be readily accessible. e. CONTRACTOR shall provide for a fully charged dry chemical, multi-purpose type (Class ABC) fire extinguisher to be stored in the Clean Room. 2. Shower Room a. CONTRACTOR shall provide a completely watertight operational shower to be used for access from the Clean Room into the Equipment Room and for showering by workers exiting the work area into the Clean Room. b. The shower shall have a floor drain that collects all water runoff. All water shall be directed through a water-filtering device effective for filtering particulate matter five (5) microns in size or larger. Water filters shall be treated as contaminated waste and changed on a routine basis or as needed so as to prevent water buildup in the shower basin. Filtered shower water may be discharged into a floor drain. c. The shower shall provide both hot and cold water, controllable from inside the shower. Absolutely no cold showering is permitted. d. The shower shall have separate openings for ingress and egress. Single-opening showers are not permitted. Access to the containment area must pass through the shower. e. CONTRACTOR shall provide soap and shampoo in the Shower Room. f. CONTRACTOR shall clean the shower area at least twice daily to prevent water or bulk asbestos buildup. 3. Equipment Room (Dirty Room) a. The Equipment Room shall be used for entering and leaving the containment or work area. b. The Equipment Room shall serve as storage for re-usable outerwear, gloves, boots, and other clothing and equipment. c. Workers shall remove and dispose of their disposable protective clothing in this room prior to entering the Shower. All suits shall be placed into a labeled, six (6) mil, and asbestos waste disposal bag. d. CONTRACTOR shall clean this room at least daily to prevent water build-up or accumulation of bulk asbestos. B. Decontamination Procedures 1. Entering Work Area a. Workers shall remove all street clothing and undergarments and change into a clean full-body disposable protective suit. A respirator, as specified herein, equipped with HEPA cartridges shall be put on and properly fitted prior to entering the Shower Room. b. The worker shall then proceed through the Shower Room or bypass area into Equipment Room. Any re-usable clothing, such as gloves or rubber boots, is put on at this point prior to entering work area. 2. Leaving Work Area a. The worker shall remove any visible bulk asbestos from suit in work area with HEPA vacuum or water prior to entering Equipment Room. All personnel should wipe their feet or spray off boots to minimize transfer of contamination into the Equipment Room. b. The worker shall remove the protective suit and dispose of it into a labeled, six (6) mil, asbestos waste disposal bag. All re-usable clothing shall be left in this room or sealed in a bag accordingly. c. With respirator still on, the worker shall proceed through the airlock door into the Shower Room. d. The worker shall wet the entire body and proceed to thoroughly rinse their respirator before removing from face. Any respirator cartridges to be re-used, where permitted, must be sealed or capped. Respirator cartridges shall be deposited into a disposable bag or left in a designated space within the Shower Room. The worker shall then thoroughly wash using soap and water before entering the Clean Room. e. The worker shall dry off with towels provided and change back into street clothes in the Clean Room. Used towels shall be deposited into a waste disposal bag when done. The individual's respirator shall be further cleaned and disinfected prior to drying it for storage. C. Equipment/Waste Transfer Chamber The Equipment/Waste Transfer Chamber shall, as a minimum, consist of two (2) separate areas: The Dirty Room (adjacent to and directly off of the containment area) and the Clean Room. Each room shall be separated from the other by airlock doors, including ingress/egress doors between the containment area and the Dirty Room and between the Clean Room and outside area. The entire Equipment/Waste Transfer Chamber shall be constructed of two (2) separate layers of six- (6) mil poly. All personnel working in the chamber shall wear full-body protective clothing and respirators as specified herein. CONTRACTOR shall keep the Equipment/Waste Transfer Chamber clean and free from any waste or bulk asbestos buildup. The Clean Room must be wet-wiped at least twice daily. The following procedures are to be used: 1. Equipment/Supplies a. Prior to moving any equipment or supplies from the containment area through the Dirty Room, CONTRACTOR shall thoroughly wash or wet-wipe all surfaces to remove any visible asbestos contamination. When transferring equipment/supplies that are difficult to clean or are suspected of asbestos contamination, they shall be wrapped in one (1) layer of six (6) mil poly and have the appropriate OSHA asbestos label affixed. All equipment/ supplies are then transferred into the Clean Room where they may be temporarily stored or transferred to the outside. 2. Asbestos Waste a. All bagged waste shall be sprayed-off or wet-wiped prior to transfer into the Dirty Room. Once inside the Dirty Room, the bagged waste shall be placed into a second six (6) mil labeled waste bag taking precautions to minimize the amount of residual air left inside the outer bag prior to sealing it shut. The outer bag is then wet-wiped with clean water and rags prior to transfer into the clean room. All double-bagged waste is then transferred into the Clean Room. b. All material to be disposed of as contaminated waste that cannot be bagged shall be wrapped in a layer of six- (6) mil poly while still inside the containment area. The outer poly surface shall be sprayed with water prior to transfer into the Dirty Room. The material shall be wrapped in another layer of six- (6) mil poly and the appropriate OSHA asbestos warning label affixed. Caution shall be taken to avoid puncturing the poly with any sharp objects. D. Engineering Controls The requirements of the Minnesota Asbestos Abatement Rules 7005.1616 Subpart 4, Section 7. Alternative work area ventilation systems may be proposed, but must be approved by the Minnesota Commissioner of Health, OWNER, and ENGINEER. 1. CONTRACTOR shall provide portable HEPA filtration systems positioned within the containment area. Each unit shall have a Magnehelic Gauge or equivalent device to measure the pressure drop across the internal HEPA filter. In addition, each unit shall be equipped with warning lights to signal abnormal operation or power loss. 2. All HEPA filtration systems shall be equipped with pre-filters for the collection of larger- sized particulate matter to prolong the operating life of the internal HEPA filter. Pre- filters shall be replaced with new ones, while the unit is still running, whenever the pressure drop across the filter becomes excessive. 3. Prior to start up, CONTRACTOR shall inspect all gaskets and seals for any signs of damage or openings. 4. Each unit shall be serviced by a dedicated minimum 115V-20A circuits with an overload device tied into an existing building electrical panel, which has sufficient capacity to accommodate the load of all units connected to it. 5. All HEPA filtration systems shall remain in operation 24 hours per day, 7 days per week until all final clearance criteria has been met. Upon receiving approval from ENGINEER, CONTRACTOR may shut down the systems during encapsulation. 6. CONTRACTOR shall provide for one (1) additional HEPA filtration system to be left on-Site as a backup unit. CONTRACTOR's Site superintendent shall document the number of hours of use for each individual unit's internal HEPA filter. The total operational time on each internal HEPA filter shall not exceed the manufacturer's specified life span for the filter. 7. CONTRACTOR shall provide enough systems to maintain a negative pressure differential within the containment area. Negative pressure shall be demonstrated by the following: a. Visual detection of negative pressure on the poly barriers or airlock doors. b. Use of a negative pressure monitor hooked up to a strip chart recorder. The minimum pressure differential to be maintained in the containment area shall be a negative 0.02 inch of water (-0.02" H2O) as compared to outside the containment area. Readings shall be recorded continuously until final clearance levels have been achieved. The monitor shall be located as far away from the HEPA filtration system intakes as possible. The negative pressure monitor shall be zeroed and calibrated on a daily basis by CONTRACTOR prior to each work-shift startup. 8. All HEPA filtration system discharge air shall be exhausted through flexible duct which shall be directed through windows to the outside of the building. Where possible, CONTRACTOR shall install a temporary wood window [minimum thickness of 3/4-inch plywood] in place of the glass with an opening cut-to-size with respect to the flexible duct diameter. CONTRACTOR shall seal the space between the duct and the wood window opening with duct tape or a caulking compound. The HEPA exhaust outlet shall be at least 25 feet away from all building entrances, vents or other openings. 9. If loss of power to the work area occurs, CONTRACTOR shall immediately stop all Work and proceed to seal up all openings into the work area prior to exiting the containment area. No removal Work shall take place until power to the work area has been restored and all HEPA filtration systems are operating. Bagging/cleaning activities employing wet methods may take place, however. 10. CONTRACTOR shall position the HEPA filtration systems so that airborne fiber levels are minimized throughout the work area. E. Preparation of Work Area 1. Shutdown air handling system to the work area. 2. The abatement CONTRACTOR shall pre-clean surfaces to remove visible asbestos- containing bulk materials. 3. All existing electrical wires, valve dampers, utility boxes, speakers, light panels, phone connections, etc., shall be pre-cleaned and covered with a minimum of one (1) layer of six (6) mil poly to prevent any water or encapsulation damage or contamination thereof. CONTRACTOR shall take precautions to avoid any heat buildup and subsequent damage or potential fires. 4. All openings leading into or out of the containment area (critical barrier areas) shall be sealed with one layer of six (6) mil poly sheeting, duct tape, expanding foam sealant, or other suitable method. 5. All ventilation ductwork shall be pre-cleaned and wrapped with two (2) layers of six- (6) mil poly. 6. All containment walls shall have a minimum of two (2) layers of four (4)-mil poly sheeting. 7. All containment area floors excluding carpeted surfaces shall have a minimum of two (2) layers of six (6)-mil poly sheeting. All carpeted floors shall require three (3) layers of six (6)-mil poly sheeting. The sheeting shall extend at least twelve (12) inches up the pre- existing sidewalls to avoid contaminated water runoff. Each successive layer shall be installed underneath the wall poly. The first (undermost) layer of floor poly shall be installed and secured to the true wall surface with the first (undermost) layer of wall poly pulled over and secured to the floor poly. Next, the second layer (outer most layer) of floor poly shall be installed and secured to the wall poly. The second (outermost) layer of wall poly shall be pulled over and secured to the floor poly. Floor seams shall be staggered, so as to not have two (2) seams lying on top of each other. 8. Erect and install Decontamination Chamber, Equipment/Waste Transfer Chamber and engineering controls. F. Final Preparation 1. CONTRACTOR shall place asbestos warning signs, in accordance with OSHA requirements, along any potential access points into the work area. 2. Prior to the startup of any abatement work, CONTRACTOR shall receive verbal approval from ENGINEER. Approval shall be based on the establishment of all barriers, Decontamination Chambers, the engagement of all engineering controls, and smoke tests to determine airflow direction and the presence of leaks. G. Gross Removal Procedures 1. Strip or remove designated ACM from facility components. 2. Continually wet all ACM with an amended water solution using an airless sprayer or Hudson sprayer with a fine-mist nozzle during abatement. Use a HEPA wet vacuum or any other approved means to avoid water accumulation on the floor poly. 3. Frequently mist the air in the work area with an amended water solution or removal encapsulant to minimize airborne fiber levels. 4. Bag all asbestos-containing waste as Work progresses to prevent any ACM from drying or being re-disturbed. 5. Thoroughly brush or scrub all pipe and pipefitting surfaces, especially where corrosion or threaded pipe fittings exist. 6. Any water runoff occurring outside of the containment area shall be immediately contained using appropriate HEPA wet-dry vacuum or other approved methods. All water collected shall be treated as contaminated and disposed of accordingly. H. Initial Clean 1. Upon completion of gross removal, CONTRACTOR shall clean all visible bulk material and water accumulations from the floor, walls, and other surfaces. 2. The topmost layer of floor and wall poly shall be removed at this time and disposed of as asbestos waste. Caution shall be taken not to disturb the integrity of the wall and floor poly layers underneath. 3. No visible bulk ACM shall remain upon completion of the initial clean. 4. All water or debris collected shall be bagged or barreled as asbestos waste. 5. Upon completion of removal of the first layer of poly, CONTRACTOR shall again wet-wipe or HEPA vacuum all surfaces in the containment area. I. Encapsulation After Removal Procedures 1. Upon completion of the Initial Clean, CONTRACTOR and ENGINEER shall conduct a thorough visual examination of all surfaces to determine that no visible bulk insulation or residual dust remains. 2. CONTRACTOR shall apply a minimum of one (1) coat of an approved encapsulant to all surfaces within the containment area and the Decontamination Chamber's Equipment (Dirty) Room and the Equipment/ Waste Transfer Chamber's Dirty Room. CONTRACTOR shall allow the first coat to dry thoroughly prior to applying the second coat or proceeding to the final cleaning process. 3. Application shall be based on manufacturer's recommended mixture and techniques. A suitable colored dye additive shall be used in the encapsulant mixture, which can be visually identified when dry. 4. Once the encapsulation process is completed, CONTRACTOR shall remove the second layer of poly sheeting including poly covering wires, utility boxes, etc. All critical barriers shall be left intact. All poly removed shall be bagged or barreled as asbestos- contaminated waste. 5. CONTRACTOR shall wet-wipe or HEPA-vacuum all surfaces where poly was removed. This includes inside the Shower and Clean Rooms. All bagged waste and equipment shall be removed from the containment area. 6. With HEPA filtration systems still in operation, CONTRACTOR shall remove and bag existing pre-filters and replace with new ones or clean pre-filters. All surfaces of the HEPA filtration systems shall be free of any visible particulate material. J. Final Clean 1. Upon completion of encapsulation and after a minimum sixteen (16)-hour drying period, CONTRACTOR shall re-clean all surfaces within the containment area by means of wet- cleaning or HEPA-vacuuming. The drying period may be reduced, at the discretion of ENGINEER, provided all surfaces are dry with no puddles or tackiness evident. 2. All water and rags (if used) shall be frequently changed during the cleaning process. 3. All water collected inside the containment area shall be filtered prior to disposal, or disposed of as asbestos waste. 4. All debris collected shall be bagged or barreled as asbestos waste. 5. All surfaces within the containment area shall be free of any visual dust or other debris upon completion of the Final Clean. In addition, all bagged waste and equipment no longer in use, should be removed from the containment area using the procedures outlined for the Equipment/Waste Transfer Chamber. K. Disposal Activities 1. All asbestos waste must be transported directly from the Project Site to the disposal site. Waste from other projects may not be added to the transport container. 2. Double-bagged or barreled wastes may not be stored within the building unless approved by ENGINEER. At the end of each working day, contained debris shall be hauled out to a locked dumpster or truck. The dumpster or truck shall be located in areas previously specified during the preconstruction meeting or as otherwise stated. The dumpster or truck shall be lined with a single layer of six (6) mil poly. 3. Storage of contained asbestos waste outside of the building will not be allowed unless contained in a secured dumpster to avoid potential damage due to weather or vandalism. CONTRACTOR should coordinate the transportation of the dumpster or truck to the landfill on the same day that the dumpster or truck is loaded to avoid any overnight storage of waste outside the building. 4. All debris transported through the building to a secured dumpster/vehicle shall be double-bagged in separate six (6) mil bags or doubled-wrapped in six (6) mil poly with the appropriate asbestos OSHA label affixed. 5. All sharp objects or materials, which may puncture bags, including bags containing contaminated water, shall be contained in suitable and impermeable containers, such as fifty-five (55)-gallon fiber-pack barrels with lockable ring tops. 6. A barrel is re-usable providing it remains free of water and no visible debris remains after removal of the bag(s) within. All barrels containing bags with sharp objects or materials likely to puncture the bags or bags containing contaminated water shall remain sealed within the impermeable barrel and disposed of as such. Precautions shall be taken to avoid the breakage of any bags during transfer at the landfill. 7. Remove bagged debris from the vehicle at the landfill provided no visible evidence of tears, rips, or bulk debris is present. All bags with visible rips or tears shall be immediately resealed and disposed of in a barrel. All personnel disposing of the waste at the landfill shall wear full-body disposable protective suits and a half-face respirator (minimum level) equipped with HEPA cartridges. 8. CONTRACTOR shall submit two (2) copies of the transport manifest, with all of the appropriate signatures in accordance with Paragraph 3.04. L. Final Cleanup of Work Area After all final clearance criteria have been met, CONTRACTOR shall perform the following prior to re-insulation or continuation of Work: 1. All remaining critical barriers, the Decontamination Chamber and the Equipment/Waste Transfer Chamber shall be removed. 2. Poly sheeting, tape, and any other debris associated with the above shall be treated and disposed of as contaminated waste. 3. All surfaces behind critical barriers or those surfaces previously covered by the Decontamination or Equipment/Waste Transfer Chambers shall be wet-wiped or HEPA- vacuumed and be visually free of any residual dust. 4. All walls, floors, trim, doors, furniture, or other fixtures are to remain in their original condition, but if damaged during the Work shall be repaired and finished to match the existing material. 5. All fixtures such as fire sensors, lights, etc. removed by CONTRACTOR prior to the abatement activities shall be remounted at this time, if it will not hinder re-insulation activities. 6. All HEPA filtration systems' air inlet openings shall be wrapped in one (1) layer (minimum) of six (6) mil poly prior to transporting the systems away from the Project Site. 3.5 GENERAL GLOVEBAG PROCEDURES The following are procedures that may be used in rooms where asbestos abatement will consist of the removal of less than twenty-five (25) lineal feet of pipe lagging or ten (10) square feet of asbestos-containing material per room in accordance with MDH AAR 4620.3580. These procedures may also be used in conjunction with wrap-and-cut removal methods, in accordance with MDH AAR 4620.3582. A. Glovebags must be constructed of transparent six (6) mil polyethylene plastic (poly) or comparable material with thermally welded seams. B. Each glovebag may be used on only one section of pipe insulation. Sliding or moving the glovebag during the abatement procedure is not permitted. C. All air-handling equipment servicing the area where abatement is to occur must be shutdown. Controls should be locked off, or marked to prevent tampering of people unaware of the abatement. D. Clean the area within ten (10) feet of the glovebag operation before any disturbance of asbestos-containing material. E. The work area should be a restricted access area. Entrances to the work area shall be posted with appropriate warning signs. F. Provide a remote decontamination unit. 1. Personnel working within the immediate area shall wear two (2) full-body disposable suits and a PAPR equipped with HEPA cartridge(s) while in the glovebag area. Only one (1) suit shall be required if a decontamination unit is directly connected and accessible from the glovebag area. 2. Before a worker leaves the asbestos work area, that worker must use a HEPA vacuum to remove potential contamination from the outer layer of protective clothing before proceeding to the remote decontamination unit. G. Construct critical barriers over doors, air vents, and any other openings using six (6) mil poly and duct tape. The purpose of this is to prevent the unrestricted spread of asbestos contamination should a fiber release occur. Critical barriers shall be used in both occupied and unoccupied areas. H. Place a drop cloth of six-(6) mil poly on the floor under the Work Site. It should extend ten (10) feet away from the Work Site. I. If the glove bag is to be used on one portion of a continuous section of damaged thermal system insulation, the entire damaged section shall be sealed in two (2) layers of six- (6) mil poly prior to the glovebag operation. J. Use glovebags according to the manufacturer's directions. 1. Insert hand tools into tool pouch. 2. Using duct tape, seal the upper flaps of the glovebag over the pipe or pipe fitting insulation. The seal must be airtight. Plan ahead so that the glovebag can be removed without damaging the remaining asbestos-containing material. 3. Smoke test the glovebag to detect any breach in the seal. Repair any leaks and retest before commencing asbestos removal. 4. Insert airless sprayer nozzle inside port of glovebag and thoroughly wet the area to be removed with an encapsulant or wetting solution. 5. Insert the HEPA filtered vacuum hose into the side port and seal around it with tape. OSHA regulations require that glovebag operations must be conducted under negative air pressure. Use the vacuum as necessary to maintain a lower air pressure inside the bag than ambient pressure. (As an alternative, the entire area inside the critical barriers may be kept under negative pressure.) 6. Insert arms into arm sleeves and gloves. Remove asbestos utilizing utility knife or other means. If asbestos-containing insulation is to remain on the pipe, cut the exposed edge to a smooth surface. If fitting insulation is being removed from a pipe that is insulated with fiberglass lagging, be sure to cut away enough of the fiberglass insulation to remove any asbestos contamination present. 7. Scrub, brush, or wet-wipe pipefitting surface to remove any residue. Pay special attention to threaded surfaces or surfaces where corrosion exists. 8. Using sprayer, wash debris on pipefitting and sides of the bag to the bottom of bag. Wet-wipe if necessary. Also, clean gloves and arm sleeves. Encapsulate any exposed edges of ACM that will remain following removal. 9. CONTRACTOR and ENGINEER shall perform a visual inspection of the abated surface to verify the absence of ACM on the surface. 10. Invert one arm sleeve, turning it inside out. Insert cleaned hand tools into arm sleeve. Tape around the arm sleeve, pinching the sleeve closed above the tools. Cut the glove off, cutting through the midpoint of the taped seal. Save the sealed glove to the inserted into the next glovebag used. 11. Evacuate all remaining air from the glovebag, using the HEPA-vacuum. 12. Squeeze bag tightly, near the top. Twist bag several times and tape around the twisted area. All removed ACM should be below the sealed point. 13. Remove the vacuum hose from the bag. Seal the side port with tape. 14. Place a six (6) mil asbestos disposal bag around the glovebag. Cut the glovebag down by cutting through the midpoint of the taped area, and place it inside the disposal bag. Seal the disposal bag. K. Air sampling shall be conducted in accordance with Paragraphs 3.03 and 3.04 L. Any exposed ACM remaining must be sealed using a palm grade mastic. The resulting surface should be air tight, resilient, and impact resistant. M. A final visual examination of the abated area must be performed by ENGINEER. The Work is not complete unless no visible asbestos-containing residue remains. Encapsulated areas must have an airtight seal. N. Prior to exiting the glovebag area, the worker shall remove the outer disposable suit and wet-wipe their face, hands and respirator. The worker, with the innermost suit and respirator still on, shall proceed to the remote Decontamination Chamber. O. The drop cloth and disposable suits shall be treated as contaminated waste and disposed of as such. P. Disposal of asbestos waste shall be conducted in accordance with local, state and federal regulation and Paragraph 3.04. End of Section SECTION 02181 - HAZARDOUS MATERIALS HANDLING AND DISPOSAL PART 1 - GENERAL 1.2 SCOPE OF WORK A. Work under this section includes handling and off-Site recycling or disposal of regulated waste materials including, but not limited to: HVAC units, smoke detectors, rooftop HVAC units, electrical panels, fuse boxes, exit signs, door closures, thermostats, water heaters, gas meters, emergency battery back-up lights, mercury containing devices, stored paints, solvents, cleansers, appliances, fire extinguishers, miscellaneous maintenance supplies, and general trash. 1.3 APPLICABLE PUBLICATIONS A. The publications listed below form a part of this section to the extent referenced. The publications are referred to in this text by basic designation only. TITLE 29, CODE OF FEDERAL REGULATIONS, U.S. DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) STANDARDS. Part 1910.20 Part 1910.134 Part 1920.1200 Part 1926.62 Access to Employee Exposure and Medical Records Respiratory Protection Hazard Communication Lead Exposure in Construction TITLE 40, CODE OF FEDERAL REGULATIONS, U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) STANDARDS. Part 261, 262, 263, 264, 268, 273, 761 ALL APPLICABLE STATE REGULATIONS 1.4 PERMITS AND NOTIFICATIONS A. CONTRACTOR shall be responsible to obtain all necessary permits and certifications of personnel in conjunction with hazardous materials handling and disposal. Permits required for hauling, and disposition of regulated materials and provide timely notification of such actions as may be required by Federal, State, Regional, and local authorities. Fees and/or charges for these permits shall be included in CONTRACTOR's bid price. CONTRACTOR shall submit copies of required permits, notifications, and certifications to ENGINEER. 1.5 SUBMITTALS A. CONTRACTOR shall submit the following: 1. For Approval a. Proof of employee training and medical examinations. b. Waste disposal — Description of planned waste disposal or recycling including written criteria for landfill, disposal, or recycling firm acceptance. 2. For Information a. OSHA compliance sample results. Copies of waste shipment records and manifests as proof of disposal or recycling. Note: if TCLP analysis is part of the waste disposal criteria, submit TCLP report information with waste shipment record. A copy of the waste shipment record shall be provided to ENGINEER before the wastes are removed from the site. Additionally, a copy of the waste shipment records or manifests, signed by the landfill operator/disposal agency or recycling agency shall be submitted to ENGINEER within 25 days of removal of the wastes from the project site. 3. Proof of Disposal/Recycling a. CONTRACTOR shall determine a course of disposal or recycling based on RCRA regulations for disposal of lead and hazardous wastes generated by his/her removal process and Minnesota regulatory requirements. Within 35 days of removal of waste from the site, CONTRACTOR shall submit a waste shipment record (WSR) to ENGINEER as proof of disposal or recycling attesting that the waste has been disposed of or recycled in accordance with regulatory requirements. The WSR document shall include as a minimum the following: b. The name and location of the disposal or recycling site(s). 1) Proof of regulatory approval. 2) The name, address, and telephone number of the waste generator. 3) The name, address, and telephone number of the transporter(s). The quantities of regulated wastes disposed of. 4) The date of the receipt. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 HAZARDOUS WASTE A. CONTRACTOR shall make every effort to minimize the amount of hazardous waste generated from construction activities. OWNER reserves the right to require substitution of products that generate toxic waste, (e.g., paint strippers, degreasers, etc.) with products of lesser toxicity. B. CONTRACTOR shall properly contain and label such waste as it is generated. CONTRACTOR shall not begin generating hazardous waste until proper waste containers and labels are on site. CONTRACTOR shall store waste containers in a secure location on the job site with lids closed. 3.2 UNIVERSAL WASTE RECYCLING A. CONTRACTOR shall comply with state and federal regulations pertaining to universal waste. Unless otherwise specified, CONTRACTOR shall carefully remove regulated devices and building components scheduled for demolition intact and segregate them from other construction debris. CONTRACTOR shall arrange for packaging, labeling, pickup, transport, and recycling of all universal wastes identified in this subsection and shall submit receipt(s) that document compliance with this provision. CONTRACTOR shall only use recycling vendors that have been pre-approved. B. Light Tubes, Bulbs and Lamps: Fluorescent light tubes and bulbs, high intensity discharge (H.I.D.), metal halide, sodium and neon bulbs contain mercury vapor. Such lamps scheduled for demolition shall be removed from their fixtures unbroken and recycled through an approved vendor. C. Mercury-Containing Devices: Thermostats, fire alarm pull stations, switches, thermometers, pressure and vacuum gauges may contain mercury. All mercury-containing devices scheduled for demolition shall be removed intact, segregated from other construction debris and recycled through an approved vendor. D. Batteries: Batteries may contain lead, mercury, lithium, cadmium and other toxic metals. CONTRACTOR shall remove batteries from devices scheduled for demolition including, but not limited to, emergency lighting and alarms, communication systems, security systems, etc. Batteries shall be removed intact, segregated from other construction debris and recycled through an approved vendor. E. Electronic Devices (E-Waste): Electronic devices and components including, but not limited to, televisions and computer monitors, computers, printers, VCRs, CD and DVD players, telephones, radios, microwave ovens, communication, security, fire protection, lighting and mechanical system components may contain heavy metals such as lead, mercury, chromium and cadmium. Electronic devices and components scheduled for demolition shall be removed intact and recycled through an approved vendor. 3.3 POLYCHLORINATED BIPHENYLS (PCBs) A. Fluorescent Light Ballasts: All fluorescent light fixture ballasts manufactured prior to 1978 are assumed to contain PCBs and shall be disposed of as hazardous waste in accordance in Section 13280(A)(2). With the exception of electronic ballasts, all ballasts manufactured after January 1, 1978 and specifically labeled "No PCBs" may be disposed of as non- hazardous construction debris. All ballasts that do not contain a "No PCBs" label shall be removed from light fixtures, segregated from other construction debris and disposed of as hazardous waste. B. Insulating Oils: Insulating oils associated with high voltage equipment may contain PCBs. Equipment containing PCB insulating oils shall be decontaminated prior to demolition. Extraction of PCB-containing oils and decontamination of equipment shall be performed in accordance with OSHA worker protection requirements. Recovered oil containing PCB shall be disposed of as hazardous waste. 3.4 MECHANICAL SYSTEM FLUIDS A. All fluids associated with mechanical systems and equipment scheduled for demolition or retrofit shall be removed and recycled or disposed as hazardous waste. CONTRACTOR shall arrange for recycling of petroleum containing fluids such as hydraulic fluids, lubricating oils, and non-PCB-containing insulating oils. B. Refrigerants shall be removed from equipment and managed by a certified refrigerant technician pursuant to 40 CFR 82.161 (Type I for small appliances, Type II for high-pressure equipment). Venting of refrigerant to the atmosphere is not allowed. All refrigerant removed must be reclaimed, recovered, or recycled in accordance with 40 CFR 82.150-166 and Appendices. 3.5 MISCELLANEOUS HAZARDOUS MATERIALS A. If CONTRACTOR encounters potentially hazardous materials or waste on the project site not previously addressed under this section such as abandoned paint containers, pesticides, compressed gas cylinders, etc., or if CONTRACTOR encounters any unusual odors or colors (staining) during construction activities, CONTRACTOR shall report such conditions to ENGINEER. END OF SECTION SECTION 02221 - DEMOLITION PART 1 – GENERAL 1.1 SCOPE A. Abatement of restricted wastes and asbestos and demolition of the above-grade and below- grade portions of the existing on-Site building. B. Removal of features indicated on the Removal Plan, including but not limited to light poles, signage, and permanent fencing. C. Disconnecting, capping or sealing, and removing Site utilities. 1.2 RELATED REQUIREMENTS A. Section 01110 - Summary of Work B. Section 01500 - Temporary Facilities and Controls C. Section 01501 – Dust Control D. Section 02230 - Site Clearing E. Section 02114 - Soil and Waste Stockpiling F. Section 02180 – Asbestos Abatement G. Section 02181 – Hazardous Materials Handling and Disposal PART 2 - PRODUCTS (Not Used) PART 3 – EXECUTION 3.1 DISCONNECT UTILITIES A. Prior to beginning demolition, CONTRACTOR shall notify the OWNER’s building management staff, Gopher State One Call and the ENGINEER, identify the location of utility connections, and coordinate with the utility owner or operator to disconnect the water service indicated on the Removal Plan and any potable water, natural gas, sanitary sewer laterals, and electricity servicing the on-Site building. These utilities shall be disconnected and capped as required by the utility and the City of Columbia Heights Public Works. 3.2 PERMITTING A. At least 10 working days prior to demolition, CONTRACTOR shall file a Notice of Intent to Perform a Demolition with the Minnesota Pollution Control Agency (MPCA). CONTRACTOR shall submit a copy of the completed document to ENGINEER with evidence that the document was filed with the MPCA. B. Prior to performing demolition, CONTRACTOR shall obtain a Demolition Permit from the City and shall submit a copy of the approved permit to ENGINEER. 3.3 EXAMINATION A. Review Project Record Documents of existing construction provided by OWNER. OWNER does not guarantee that existing conditions are same as those indicated in Project Record Documents. B. Prior to Demolition, remove and recycle/dispose off-Site restricted wastes and asbestos identified in the Pre-demolition Hazardous Building Materials Inspection Report by Braun Intertec dated January 15, 2020. C. Perform surveys prior to the Work and as the Work progresses to detect potential hazards resulting from demolition activities. 3.4 PROTECTION A. Existing Utilities: Maintain utility services and Site features that are to remain and protect from damage during demolition operations. 3.5 DEMOLITION, GENERAL A. See the DRAWINGS for additional Demolition requirements B. Explosives: Use of explosives is not permitted. C. Conduct demolition activities in a manner to prevent injury to people. D. Ensure safe passage of workers around demolition areas. E. Assure minimum interference with roads, streets, walks, and other adjacent and nearby facilities. F. Protect existing buildings and utilities outside the Limits of Work and repair all damage to existing buildings and utilities outside the Limits of Work at CONTRACTOR's expense. 3.6 DEMOLISH, REMOVE, TRANSPORT, AND DISPOSE OF STRUCTURES A. Remove vegetation and miscellaneous debris as described in Section 02230 - Site Clearing. B. CONTRACTOR shall stockpile Concrete Demolition Debris and General Demolition Debris as described in Section 02114 - Soil and Waste Stockpiling and dispose of these materials at OWNER-approved off-Site disposal facilities as described in Section 02120 – Off- Site Transportation and Disposal, and SP-2. C. CONTRACTOR has been provided with all available information regarding the amount of below-grade concrete structures including as-built drawings. CONTRACTOR is responsible for familiarizing itself with the available information prior to providing its bid. ENGINEER will not consider the existence of above-grade or below grade structures and utilities that are not shown on the Drawings as a changed condition for the purposes of the Contract. D. ENGINEER may perform perimeter air monitoring during the Work at locations and frequencies at the sole discretion of ENGINEER. CONTRACTOR shall coordinate its activities with the perimeter dust monitoring being performed by ENGINEER and shall promptly revise its activities in a manner consistent with dust control requirements outlined in Section 01501 - Dust Control, if unsatisfactory monitoring results are obtained. 3.7 RECLAIM AND SALVAGE ASPHALT PAVEMENT AREAS A. CONTRACTOR shall remove and process for reuse all existing asphalt pavement. CONTRACTOR’s process shall reduce the size of asphalt and subgrade particles to less than 1 inch in diameter. END OF SECTION SECTION 02230 - SITE CLEARING PART 1 – GENERAL 1.1 SCOPE A. Removing existing trees, shrubs, groundcovers, plants, grass, and top soil. 1.2 RELATED REQUIREMENTS A. Section 01500 - Temporary Facilities and Controls B. Section 02221 - Building Demolition C. Section 02300 – Earthwork 1.3 MATERIAL OWNERSHIP A. Cleared materials shall become Contractor's property and shall be removed from Project Site except for grass and top soil, which shall be managed on Site. PART 2 - PRODUCTS (Not Used) PART 3 – EXECUTION 3.1 PREPARATION A. Protect and maintain benchmarks and survey control points from disturbance during construction. B. Protect existing Site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition, as acceptable to OWNER. 3.2 VEGETATION REMOVAL A. Remove obstructions, trees, shrubs, grass, topsoil, and other vegetation to permit installation of new construction. 1. Chip removed tree branches and dispose of off Site. 2. Stockpile grass and topsoil for on-Site reuse as described in Section 02114 – Solid and Waste Stockpiling and place in areas shown on the Drawings as directed by ENGINEER. END OF SECTION SECTION 02300 - EARTHWORK PART 1- GENERAL 1.1 SCOPE A. Selection, testing, and placement of fill materials to accommodate the final elevations shown on the Drawings. B. Loading, hauling, placing, compacting, and grading backfill material from on-Site or from off- Site sources, in accordance with the grading plan by Alliant, dated February 2020, and to the sub-grades as defined in the Contract Documents. C. Maintaining all work areas free from excess dust as detailed in Section 01501- Dust Control and avoids causing a hazard or nuisance to others. Perform dust control as the Work proceeds and wherever a dust nuisance or hazard occurs. 1.2 RELATED REQUIREMENTS A. Section 01270 - Unit Prices B. Section 01501 - Dust Control C. Section 01502 - Storm Water Pollution Controls D. Section 01500 - Temporary Facilities and Controls E. Section 02113 - Soil Correction F. Section 02230 - Site Clearing 1.3 UNIT PRICES A. Unit prices for earthwork are included in Section 01270 - Unit Prices 1.4 SUBMITTALS A. Product Data: For the following: 1. CONTRACTOR shall designate a single source of each import backfill material and provide a recent geotechnical analysis for each specified material demonstrating conformance with the Specifications. B. Samples: For the following: 1. Provide two cubic feet representative of each import backfill material for geotechnical laboratory analysis. 2. Provide access for ENGINEER to collect samples for chemical analysis for the analyses listed in Part 1.6 (C)(2). Anticipate 5 working days between ENGINEER's sampling and receiving testing results. CONTRACTOR shall not deliver any material to the Site until it has been favorably reviewed by ENGINEER. 1.5 QUALITY ASSURANCE A. ENGINEER will inspect placement and compaction of fill. B. As directed by ENGINEER, CONTRACTOR shall excavate holes for in-place soil sampling and/or density testing of fill by ENGINEER. CONTRACTOR shall be responsible for all costs for additional inspection and testing resulting from non-compliance with compaction requirements. ENGINEER may perform compaction testing on any lift of backfill material at any time at its own discretion. C. Testing Methods: 1. Geotechnical Methods: a. Laboratory Compaction: ASTM D1557, Method A or C. b. In-Place Density: ASTM D1556 or ASTM D2922. c. In-Place Moisture Content: ASTM D3017 2. Environmental Analytical Methods: a. RCRA Metals, EPA Method 6010 b. Polycyclic- Aromatic Hydrocarbons, EPA Method 8270 Volatile Organic Compounds, EPA Method 8260 c. Diesel Range Organics/Gasoline Range Organics PART 2 – PRODUCTS 2.1 BACKFILL MATERIALS A. Backfill from On-Site Sources: CONTRACTOR may use excavated overburden, structural fill, or other excavated soils for backfill material. On-Site to be used for backfill shall meet the characteristics of General Fill Material and will be specifically designated for reuse by ENGINEER. Potential sources of Backfill from on-Site Sources include the following: 1. Unrestricted Sand: Native Sand with no environmental impacts that meets the requirements of Paragraph 2.1(A). 2. Petroleum-Impacted Soil: Soil excavated from the AST Soil Investigation Area depicted on the Drawings, designated as petroleum-impacted Soil by ENGINEER, and approved for reuse on Site by ENGINEER. 3. VOC-Impacted Soil: Soil excavated, designated as VOC-Impacted Soil by ENGINEER, and approved for reuse on-Site by ENGINEER. PART 3 – EXECUTION 3.1 PREPARATION A. Preparation of subgrade for earthwork operations including removal of vegetation, topsoil, debris, obstructions, and deleterious materials from ground surface is specified in Section 02230 - Site Clearing. B. Protect and maintain erosion and sedimentation controls, which are specified in Section 01502 - Storm Water Pollution Controls, during earthwork operations. 3.2 SOIL MOISTURE CONTROL A. No compacting shall be done by CONTRACTOR when material is more than 3 percent greater than the optimum moisture content either from rain, groundwater, or excess application of water. At such times, work in the area where moisture conditions are unsatisfactory shall be suspended by CONTRACTOR until the previously placed and new materials have dried sufficiently to permit proper compaction. In order to expedite backfilling of critical areas to prevent washouts by storm water or other inconvenience, CONTRACTOR may scarify wet soils to accelerate the air-drying process. B. No compacting shall be done by CONTRACTOR when material is less than 3 percent less than optimum moisture content. At such times, CONTRACTOR shall apply water to previously placed and new material until the material is moistened sufficiently to permit proper compaction. 3.3 PLACEMENT AND COMPACTION A. CONTRACTOR shall place material in 4 to 8-inch lifts to meet subgrade elevations. See Section 00800 for additional requirements B. All materials shall be compacted to the pass a roll test with a fully loaded dump truck, allowing no more than two inches deflection : 3.4 GRADING A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to Final Elevations indicated on the Drawings or Subgrade Elevations, as appropriate, within a tolerance of plus or minus 0.1 foot. 3.5 TESTING A. ENGINEER may perform soil testing, as required, to ensure proper execution of the Work, to verify material quality, and to determine compaction characteristics, moisture content, and density of backfill in place. These tests performed by ENGINEER will be used to verify that the fill and backfill conforms to the requirements of this Section. END OF SECTION NE Business Center and Park Ramp Structure Demolition Project No. 2020-11 City of Columbia Heights Addendum #1 July 27, 2020 City of Columbia Heights, 590 40th Avenue N.E. Columbia Heights, Minnesota CITY OF COLUMBIA HEIGHTS ADDENDUM #1 Date: July 27, 2020 Description: Due to site constraints, demolition of portions of the cast-in-place foundation wall of the parking ramp will be excluded from this scope of work. This wall, and any footings directly below the foundation wall, shall remain in place from the existing grade and below. The intent is that this wall remains in place to act as temporary earth retention supporting the soils and utilities located between the parking ramp and the curb to the south. See demo plan insert for extents of wall to remain. The removal of all components of the all of the parking ramp currently exposed above grade is to remain the same, as originally planned and is unchanged by this addendum. The scope of any and all abatement will remain the same and is unchanged by the addendum. End of Addendum NE Business Center and Park Ramp Structure Demolition Project No. 2020-11 City of Columbia Heights Addendum #2 July 29, 2020 City of Columbia Heights, 590 40th Avenue N.E. Columbia Heights, Minnesota CITY OF COLUMBIA HEIGHTS ADDENDUM #2 Date: July 29, 2020 Description: Item 1 See below for tabulation of sign-in sheet from Site Walk Through, 07/22/20. Name Company Email John Petersen Doran Construction john.petersen@dorancompanies.com Randy Disrud Doran Construction randy.disrud@dorancompanies.com Scott Lodico Envirobate slodico@envirobate.com David Cullen City of Columbia Heights dcullen@columbiaheightsmn.gov Nick Bartemio Rachel Contracting nbartemio@rachelcontracting.com Jim Hauth City of Columbia Heights jhauth@columbiaheightsmn.gov David Carlton Carleton Companies carletoncompanies@gmail.com Kevin Hansen City of Columbia Heights khansen@columbiaheightsmn.gov Nick Linnemann LinnCo, Inc. Nick@linncoinc.com Lee Tufvander Twell Enviromental lee.tufvander@twellenv.com Jason Mueller Veit Co. Inc. jmueller@veitusa.com Roger Dokken ERS Inc. rdokken@eps.vg Item 2 Refer to parking garage demo extents as modified by Addendum 1. Contractor shall install a guardrail at any portions of foundation wall to remain which presents fall hazard as defined by OSHA standards. Guardrail shall comply with OSHA Standard 1926, Subpart M, for location, extents, and performance. Contractor shall maintain guardrail until site is turned over to Owner as defined by the Contract, at which point Owner will be responsible for maintenance. End of Addendum NE Business Center and Park Ramp Structure Demolition Project No. 2020-11 City of Columbia Heights Addendum #3 August 3, 2020 City of Columbia Heights, 590 40th Avenue N.E. Columbia Heights, Minnesota CITY OF COLUMBIA HEIGHTS ADDENDUM #3 Date: August 3, 2020 Description: Item 1 Bids for the NE Business Center and Parking Ramp Structure Demolition, City Project Number 2020-11, are due at 10:00 a.m. – Tuesday, August 4, 2020. End of Addendum