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2009-06-15 Contract Documents7 H E CONTRACT DOCUMENTS Albert Villas 6th Addition -Concrete Repairs City of Albertville Albertville, MN BOL_TON 8L M i== N K , I NCo Consulting Engineers & Surveyors Mankato, MN • Fairmont, MN • Sleepy Eye, MN • Burnsville, MN Willmar, MN • Ramsey, MN • Chaska, MN • Ames, IA DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. PROJECT MANUAL for Albert Villas 6th Addition -Concrete Repairs City of Albertville Albertville, MN I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that 1 am a duly Licensed Professional Engineer under the laws of the State of Minnesota. B: Y Adam Nafs d, P.E. License o.44/,59 Date: Bolton & Menk, Inc. CONSULTING ENGINEERS & SURVEYORS Mankato - Fairmont - Sleepy Eye - Burnsville - Willmar Chaska - Ramsey, MN Ames, IA City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved CERTIFICATION PAGE 00005-1 DOCUMENT 00010 - TABLE OF CONTENTS Albert Villas 6th Addition -Concrete Repairs City of Albertville CONTRACT DOCUMENTS: PROJECT MANUAL: 00005 — CERTIFICATION 00010 - TABLE OF CONTENTS 00500 - AGREEMENT 00510 - NOTICE OF AWARD 00550 - NOTICE TO PROCEED 00700 - GENERAL CONDITIONS 00800 - SUPPLEMENTARY CONDITIONS 01110 - SUMMARY OF WORK 01555 - MAINTENANCE AND CONTROL OF TRAFFIC 02220 - REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES 02741 - BITUMINOUS PATCH 02770 - CONCRETE CURBING AND DRIVEWAY PAVEMENT 02775 - WALKS — CONCRETE DRAWINGS: FIGURE NO. 1-ALBERT VILLAS 6TH ADDITION CONCRETE REPAIRS ****END OF SECTION*** City of Albertville - R13.100766 TABLE OF CONTENTS 6/15/2009 0 Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00010-1 0 n I ITEMS TO BE EXECUTED AFTER AWARD OF CONTRACT ' ALBERT VILLAS C►TH ADDITION -CONCRETE REPAIRS CITY OF ALBERTVILLE ALBERTVILLE, MN r CI' F-1 DOCUMENT 00500 - AGREEMENT Albert Villas 6th Addition -Concrete Repairs City of Albertville Albertville, MN THIS AGREEMENT is dated as of the day of in the year 20 by and between City of Albertville (hereinafter called OWNER) and Weststar Curb & Concrete Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: All labor, materials, equipment, utilities and all other things necessary for the construction of Albert Villas 6th Addition -Concrete Repairs. ARTICLE 2. ENGINEER. The Project has been designed by Bolton & Menk, Inc., Consulting Engineers, 7533 Sunwood Drive NW, Suite 206, Ramsey, MN 55303, (763) 433-2851, fax (763) 427-0833, who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1. All work shall be completed on or before 8/l/2009. 3.1.1 Interim completion schedules for each street section are also a part of this project. The interim completion schedule shall include the following definitions and time frames: a) A calendar day shall be defined as all days, Monday through and including Sunday. b) Interim completion dates include: (1) Once construction is initiated all work shall be completed within 14 calendar days from the date the work began. 3.2 Contract Dates - The date of Agreement, listed above, corresponds to the later of the following: Date of approval of award by Owner; approval of award by Funding Agency; or issuance of Notice of Award. The Contract shall become effective on the Effective Date shown on the signature page of the Agreement and after execution by all parties, and approval by Funding Agency, when applicable. ' 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss ' suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER as follows: ' 3.3.2 Two Hundred Fifty Dollars dollars (250) for each calendar day that all work is not complete within the time constraints specified in Paragraph 3.1 of this Agreement. This amount is in addition to the liquidated damages specified for substantial completion, if applicable. ' City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved AGREEMENT PAGE 00500-1 IARTICLE 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in ' current funds as follows: SCHEDULE OF UNIT PRICES ' ALBERT VILLAS 6TH ADDITION SIDEWALK IMPROVMENTS CITY OF ALBERTVILLE, MINNESOTA BMI PROJECT NO.: R13.100766 BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in unit prices in numerals, make extension for each item, and total. ITEM APPROX. UNIT NO. ITEM QUANT. UNIT PRICE AMOUNT ' 1 REMOVE CURB & GUTTER 200 LF $4.00 $800.00 2 REMOVE CONCRETE WALK 1,625 SF $1.00 $1,625.00 ' 3 CONCRETE CURB & GUTTER, DES. B618 200 LF $15.00 $3,000.00 4 5" CONCRETE WALK 1,625 SF $4.00 $6,500.00 TOTAL AMOUNT BID: $ $11,925.00 NOTES: ' 1) EXACT QUANTITIES TO BE DETERMINED IN THE FIELD. 2) BITUMINOUS PATCHING INCIDENTAL TO CURB AND GUTTER 3) BACKFILLING INCIDENTAL 4) SUBGRADE PREPARATION INCIDENTAL ' 5) ALL CONSTRUCTION SHALL COMPLYWTTH CITY STANDARDS AND 2005 EDITION OF MNDOT SPECIFICATIONS 6) ALL WORK SHALL BE COMPLETED WITHIN TWO (2) WEEKS OF COMMENCEMENT 7) ALL WORK SHALL BE COMPLETED BYAUGUST 1, 2009 ' ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. ' Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER. All progress payments will be on ' the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.05. of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. ' Progress Payments (partial payments) will be made in the amount of 95 percent of the value of the completed Work plus any additional reductions as prescribed by law and/or as described in Paragraph SC-14.02 of the Supplementary Conditions. The cut-off date for calculation of completed unit price quantities for monthly Progress Payments will be on the day of each month. ' The initial Progress Payment shall be paid in coordination with the OWNER'S regular accounts payable schedule falling closest after the initial Progress Payment becomes due in accordance with Paragraph 14.02 of the General ' City of Albertville - R13.100766 AGREEMENT 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00500-2 D L II Conditions. Due to differences in the OWNER'S accounts payable cycle and start of construction, initial Progress Payment may cover a period of more than or less than one month of construction. After the initial Progress Payment, subsequent Progress Payments will be made monthly in accordance with the OWNER'S regular accounts payable schedule. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in the Subparagraphs of SC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 6.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 6.5. CONTRACTOR has correlated the results of all observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement, Document 00500. 7.2. Exhibits to this Agreement. 7.3. Performance Bond, Document 00610. 7.4 Payment Bond, Document 00615. 7.5. Notice of Award, Document 00510. ' City of Albertville - R13.100766 6/ 15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved AGREEMENT PAGE 00500-3 1 7.6. General Conditions, Document 00700. 7.7. Supplementary Conditions, Document 00800. ' 7.8. Specifications in the Project Manual dated 2/1/2009 and consisting of all sections as listed in the table of contents thereof. 7.9. Drawings, consisting of I sheet bearing the following general title: ' Figure No. IAlbert Villas 6th Addition -Concrete Repairs City of Albertville 7.10. Addenda numbers to _, inclusive. 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _, inclusive). ' 7.12 Certificates of Insurance. 7.13 Documents, which may be executed after this Agreement is executed. 7.14 The following may be delivered or issued after the Effective Date of the Agreement and are not attached ' hereto: 7.14.1 Notice to Proceed. ' 7.14.2 Written Amendments and Change Orders as signed by all parties to this Agreement. 7.14.3 Written Field Orders and written Engineer's interpretations and/or clarifications. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only ' be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 8. MISCELLANEOUS. ' 8.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. C CI 5 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or respon- sibility under the Contract Documents. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 8.4 National Pollution Discharge Elimination System/State Disposal System (NPDES/SDS) — Reference Section 02370 — Erosion & Sediment Control ARTICLE 9. ADDITIONAL WORK POLICY. 9.1 All additional work shall be approved by the OWNER prior to performing the work. 9.2 Securing approval of the construction site representative without securing the approval of the OWNER will be construed as acceptance, by the CONTRACTOR, that said work will be considered incidental to the general construction of the project and that no additional compensation will be paid. 9.3 Acceptable forms of proposal for additional work include: 9.3.1 A facsimile transmission (FAX) to the ENGINEER. 9.3.2 A telephone call to the ENGINEER with a description of the work and a proposed cost. 9.3.3 A written letter of proposal to the ENGINEER. City of Albertville - R13.100766 AGREEMENT 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00500-4 C 9.4 Typical forms of acceptance by the OWNER may include any of the following: 9.4.1 A signed and dated acceptance by facsimile transmission (FAX). ' 9.4.2 A mailed letter of response. 9.5 No additional work will be paid by the OWNER if the cost is presented more than six (6) working days after the actual performance of the work. 7 7 D 7 City of Albertville - R13.100766 AGREEMENT 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00500-5 U IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One counterpart each has been delivered to OWNER, CONTRACTOR, SURETY and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on , 2009. IOWNER: City of Albertville 0 (CORPORATE SEAL) Attest ' Address for giving notices: 5959 Main Avenue NE 7 CONTRACTOR: �i( Jr &r (CORPORATE SEAL) Attest - Address for giving notices: 271 Central Avenue S P.O. Box 9 Watkins, MN 55389 Albertville, MN 55301 (If OWNER is a public body, attach evidence of License No. authority to sign and resolution or other documents authorizing execution of Agreement.) Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) ****END OF SECTION**** City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved AGREEMENT PAGE 00500-6 C I To H 0 DOCUMENT 00510 - NOTICE OF AWARD (to be executed after bid is awarded) Weststar Curb & Concrete, Inc. Date: June 22, 2009 271 Centroal Avenue S Albertville, MN 55301 Project : Albert Villas 6th Addition -Concrete Repairs City of Albertville Albertville, MN BMI Number RI3.100766 You are hereby notified that your BID dated February 27, 2009 for the above Contract has been considered and accepted by the OWNER. The Contract Price is Eleven Thousand Nine Hundred Twenty Five Dollars, ($11,925.00). You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER within fifteen (15) days of this, the 22nd day of June, 2009. You must deliver to the OWNER four (3) fully executed counterparts of the Agreement, including all the Contract Documents. Each of the Contract Documents must bear your signature. You must deliver with the executed Agreement acceptable Contract Security (Bonds), Certificate(s) of Insurance, and other required information. Within ten days after you comply with the above conditions, the OWNER will return to you two (1) fully executed counterparts of the Agreement with Contract Documents attached. This Award is contingent on City of Albertville Albertville, MN I BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by �i C A_ct e_4 <_ :L-Y-c day of , 2001. City of Albertville - R13.100766 6/ 15/2009 BY. TITLE: G k4_f Ste, ('e.cr d on this, the ****END OF SECTION**** NOTICE OF AWARD © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00510-1 H To: DOCUMENT 00550 - NOTICE TO PROCEED (To be executed after Agreement, Bonds and Insurance Certificates are approved) Date: Project: Albert Villas 6th Addition -Concrete Repairs City of Albertville Albertville, MN BMI Number RI3.100766 You are hereby notified to commence WORK in accordance with the Agreement dated , 20_. The Contract Time shall commence to run on , 20_. WORK shall proceed in accordance with the dates set forth in Article 3 of the Agreement and all other provisions of the Contract Documents. City of Albertville Albertville, MN BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this, the day of 120 BY: TITLE: ****END OF SECTION**** City of Albertville - RI3.100766 NOTICE TO PROCEED 6/15/2009 0 Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00550-1 1 1 1 GENERAL CONDITIONS EDITION C-700 EJCDC - 2002 ALBERT VILLAS 6TH ADDITION -CONCRETE REPAIRS CITY OF ALBERTVILLE ALBERTVILLE, MN This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. C ' STANDARD GENERAL CONDITIONS ' OF THE CONSTRUCTION CONTRACT Prepared b P Y ' ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By A C E C National Society of American Society Professional Engineers Ameuiow Councn or E+cmeuu+c Conu,aaies Professional Engineers in Private Practice ASCEof Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE ' a practice division ofthe the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ' AMERICAN COUNCIL OF ENGINEERING COMPANIES ' AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by c The Associated General Contractors of America Knowledge for Geatmg and Sustaining the MAR ErMronment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 Copyright 02002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 201914400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide tc the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). 7 F" LI L EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 6 2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00700 - 2 TABLE OF CONTENTS ' Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.............................................................................................................6 1.01 Defined Terms......................................................................................................................................................... 6 1.02 Terminology.............................................................................................................................................................8 ' ARTICLE2 - PRELIMINARY MATTERS............................................................................................................................... 9 2.01 Delivery of Bonds and Evidence of Insurance......................................................................................................... 9 2.02 Copies of Documents............................................................................................................................................... 9 2.03 Commencement of Contract Times; Notice to Proceed...........................................................................................9 2.04 Starting the Work.....................................................................................................................................................9 2.05 Before Starting Construction................................................................................................................................... 9 ' 2.06 Preconstruction Conference.................................................................................................................................... 9 2.07 Initial Acceptance of Schedules...............................................................................................................................9 ' ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE...................................................................... 10 3.01 Intent......................................................................................................................................................................10 3.02 Reference Standards..............................................................................................................................................10 3.03 Reporting and Resolving Discrepancies................................................................................................................10 3.04 Amending and Supplementing Contract Documents............................................................................................. 1 I ' 3.05 Reuse of Documents...............................................................................................................................................11 3.06 Electronic Data..................................................................................................................................................... I l ' ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS...............................................................................................11 4.01 Availability of Lands..............................................................................................................................................11 4.02 Subsurface and Physical Conditions..................................................................................................................... 12 4.03 Differing Subsurface or Physical Conditions........................................................................................................12 ' 4.04 Underground Facilities.........................................................................................................................................13 4.05 Reference Points.......................................................•............................................................................................13 ' 4.06 Hazardous Environmental Condition at Site...-----, ... ........ 13 ARTICLE 5 - BONDS AND INSURANCE.............................................................................................................................14 5.01 Performance, Payment, and Other Bonds.............................................................................................................14 5.02 Licensed Sureties and Insurers..............................................................................................................................15 5.03 Certificates of Insurance .......................................................................................................................................15 ' 5.04 Contractor's Liability Insurance...........................................................................................................................15 5.05 Owner's Liability Insurance..................................................................................................................................16 ' 5.06 5.07 Property Insurance................................................................................................................................................16 Waiver of Rights ....................................................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace.......................................................................................17 ' 5.10 Partial Utilization, Acknowledgment of Property Insurer.....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES..........................................................................................................18 6.01 Supervision and Superintendence..........................................................................................................................18 ' 6.02 6.03 Labor; Working Hours..........................................................................................................................................18 Services, Materials, and Equipment...................................................................................................................... 18 6.04 Progress Schedule................................................................................................................................................. 18 6.05 6.06 6.07 Substitutes and "Or-Equals................................................................................................................................... 19 Concerning Subcontractors, Suppliers, and Others.............................................................................................. 20 Patent Fees and Royalties..................................................................................................................................... 21 6.08 Permits.............................................................................•.....................................................................................21 6.09 6.10 Laws and Regulations............................................................................................................................................21 Taxes......................................................................................................................................................................22 6.11 Use of Site and Other Areas.................................................................................................................................. 22 6.12 Record Documents................................................................................................................................................. 22 6.13 6.14 Safety and Protection.............................................................................................................................................22 Safety Representative............................................................................................................................................. 23 6.15 Hazard Communication Programs........................................................................................................................ 23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6.16 Emergencies..........................................................................................................................................................23 6.17 Shop Drawings and Samples ..................................................... 6.18 Continuing the Work...................................................................................... 6.19 Contractor's General Warranty and Guarantee................................................................. 24 6.20 Indemnification.....................................................•-•-.......................... .................................................................. ... ............................24 6.21 Delegation of Professional Design Services ............................................................................ .. .................25 ........ ARTICLE 7 - OTHER WORK AT THE SITE........................................................................................ 25 ........... 7.01 Related Work at Site.......................................................................................................... 25 7.02 Coordination............................................................................................................ .............26 ................................ 7.03 Legal Relationships.................................................................................................................................. 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES.................................................................................... 26 ................... 8.01 Communications to Contractor.............................................................................................................................26 8.02 Replacement of Engineer..................•---..................................................................................................................................26 8.03 Furnish Data.................................................................................................................................. ...... 26 8.04 Pay When Due..................................................................................................... 8.06 Insurance .................................................. 26 8.05 Lands and Easements, Reports and Tests............................................................................ 26 ................... ............................................................................................................................. 8.07 Change Orders.............................................................................................................. 26 ..........................................................................26............. 8.08 Inspections, Tests, and Approvals....................................................................................................... ......26 8. 09 Limitations on Owner's Responsibilities.............................................................................. ...........27 ...................... 8.10 Undisclosed Hazardous Environmental Condition...............................................................................................27 8.11 Evidence of Financial Arrangements.............................................................................. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION....................................................................................27 9.01 Owner's Representative................................................................................................................... .........27 ............. 9.02 Visits to Site9.03 ........................................................................................................................................ 27 ............ Project Representative.................................................................................. 9.04 Authorized Variations in Work27 ..............................................................................................................................27 9.05 Rejecting Defective Work..................................................................................... 9.06 Shop Drawings, Change Orders and Payments............................................................................ .... 28 .................... 7 Determinations for Unit Price Work................................................................................. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ........................... ........28 ................ 9.09 Limitations on Engineer's Authority and Responsibilities....................................................... ARTICLE 10 - CHANGES IN THE WORK; CLAIMS........................................................................................... ... ...28 1 Authorized Changes in the Work...........................................................................................................................28 10.02 Unauthorized Changes in the Work.................................................................................. ............................29 10.03 Execution of Change Orders....................................................................................... .......29 ................................... 10.04 Notification to Surety ............................................................................................................. 29 .................. 10.05 Claims............................................................................................ ........................... ARTICLE I 1 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK.................................................................30 11.01 Cost of the Work............................................................................................................... ..... 30 ................................ 11.02 Allowances............................................................................................................................. 11.03 Unit Price Work.....................................................................................................................................................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ..................................................... 32 12.01 Change of Contract Price......................................................................................................................................32 12.02 Change of Contract Times........................................................................................................ ...33 .......................... 12.03 Delays....................................................................................................................................................................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ......33 13.01 Notice of Defects...................................................................................................................................... ...... 33 13.02 Access to Work............................................................................................................................... .....33 .................. 13.03 Tests and Inspections.............................................................................................................................. .... 33 13.04 ........... Uncovering Work........................................................................................................................................... 13.06 Correction or Removal of Defective Work............................................................ 13.05 Owner May Stop the Work................................................................................................ ...................... 34 ............................... ..................... 34 13.07 Correction Period................................................................................................................... .....34 .......................... 13.08 Acceptance of Defective Work...................................................•-••........................ 13.09 Owner May Correct Defective Work........................................................................... ....... 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION......................................................... 14.01 Schedule of Values.................................................................................................................................................36 14.02 Progress Payments.......................................................... .... ............... ................................................ 36 14.03 Contractor's Warranty of Title................................................................................. ..................37 14.04 Substantial Completion............................................................................................ ............ 37 1 F C F EICDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 ' 14.05 14.06 Partial Utilization..................................................................................................................................................38 Final Inspection.....................................................................................................................................................38 ' 14.07 14.08 14.09 Final Payment.......................................................................................................................................................38 Final Completion Delayed............................•........................................................................................................39 Waiver of Claims................................................................................................................................................... 39 ' ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION........................................................................................39 15.01 Owner May Suspend Work.................................................................................................................................... 39 15.02 Owner May Terminate for Cause.......................................................................................................................... 39 15.03 Owner May Terminate For Convenience.............................................................................................................. 40 ' 15.04 Contractor May Stop Work or Terminate.............................................................................................................. ARTICLE16 - DISPUTE RESOLUTION................................................................................................................................41 16.01 Methods and Procedures....................................................................................................................................... 40 41 ' ARTICLE 17 - MISCELLANEOUS—. ...... ......... * ... * ..... * ....... *,*,,**,*,**,,*,**** ...... * .... *****,,***,***** ......... **,'*** ........ 17.01 Giving Notice......................................................................................................................................................... 41 41 17.02 Computation of Times............................................................................................................................................41 17.03 Cumulative Remedies............................................................................................................................................41 17.04 Survival of Obligations..........................................................................................................................................41 ' 17.05 Controlling Law..................................................................................................................................................... 41 17.06 Headings................................................................................................................................................................41 I H n F EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. 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 which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment --The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid --The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder --The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda). & Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order —A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price --The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor --The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work --See Paragraph 11.0 LA for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer --The individual or entity named as such in the Agreement. r n H H H 7 I� 7 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00700 - 6 I 20. Field Order --A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone --A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed --A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner --The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs --Polychlorinated biphenyls. 31. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule --A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material --Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative --The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals --A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings —Ali drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site --Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications --That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 7 administrative requirements and procedural matters applicable thereto. 44. 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 at the Site. 45. 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 thereof. 46. Successful Bidder --The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier --A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work —Work to be paid for on the basis of unit prices. 51. Work --The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive --A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order ' following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology ' A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract ' Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. 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 requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). I n C C t:JCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 n H E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), 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 Documents; 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 subdi- vides 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. 2.06 Preconstruction Conference 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 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules ' A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided ' below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright V 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 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 component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations L Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any , of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such ' provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies ' A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, 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 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -10 I r L H H H fl J I 11 H D H n I F (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or 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. EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. — 00700 - 11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or 1 l I 7 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 I H c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: I. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for 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. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -13 I . the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE D 7 F C 5.01 Performance, Payment, and Other Bonds I F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright a 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -14 7 �1 I 7 C 7 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; S. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of anv E H 7 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright G 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 16 0 E H n H deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. if Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. ' B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance, Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor, Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 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. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. P H E H 7 k EJCDC C-700 standard General Conditions of the Construction Contract. Copyright (0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 S ' 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. ' 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 1 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is ' specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is ' permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 7 I 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: I) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 14 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.E Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual I 7 E 0 I r C r EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 F C F CIS' C C r Chi or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or fuunishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, 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 any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 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 a particular 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 shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 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. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. 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 opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 21 6.10 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. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning. Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 ' ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity ' directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable ' (except as otherwise expressly provided in connection with Substantial Completion). L r] �II 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. alI information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.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's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 7 2. normal wear and tear under normal usage. I C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner, 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; I 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. ' 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00700 - 24 C LI' �I 7 H 0 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 25 A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. I 1� C F n H F EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 8.09 Limitations on Owner's Responsibilities I II' I H A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's 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, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be. respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity 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 Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 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 D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright V 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 0 E 7 L n 1 H F n F promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.0I.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE II - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph I I.0I I.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver such bids to Owner, who will , then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that ' the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this ' Paragraph 11.01. 4. Costs of special consultants (including but not ' limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including 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 mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of 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. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.13), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 0 r I I resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone ' directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. ' g. The cost of utilities, fuel, and sanitary facilities at the Site. ' h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract ' Documents to purchase and maintain. B. Costs Excluded. • The term Cost of the Work ' shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting ' agents, expediters, timekeepers, clerks, and other 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 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for ' the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any ' Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be 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. ' 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 1 I.0LA and 11.0I.B. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0I .A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. I1.02 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 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance I. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 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. EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee. The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or I 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 11.0I.A.1 and I1.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.I and 11.0I.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.4, 11.0I.A.5, and 11.0l.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0I.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice suhmitted C [7 i JUM Ca0U Standard General Conditions of the Construction Coatram Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 r 11 r by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 33 D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 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, 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 shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work I A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, 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 removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1 C J 1. repair such defective land or areas; or I 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00700 - 34 L C C r C I B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or 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 on the Site 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 indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby he deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or I� 7 I b. that there may not be other matters or issues between the parties that might entitle Contractor ' to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work 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, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, 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 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subseauent 'I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. _ 00700 - 36 LI C I H 0 0 inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.13) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. if Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization 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 condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 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 is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the 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, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: P� a. all documentation called for in the Contract Documents, including but not limited to the ' evidence of insurance required by Paragraph 5.04.13.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. 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 oblieatinns H H EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 �I I C I under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due i. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l .A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. 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) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May ,Stop Work or Terminate I A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision L F 0 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 40 H F C 7 H I C becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph l 0.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.13 shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative 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 Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. 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. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 41 H L �1 i� I SUPPLEMENTARY CONDITIONS FOR EDITION C-700 EJCDC - 2002 ALBERT VILLAS 6TH ADDITION -CONCRETE REPAIRS CITY OF ALBERTVILLE ALBERTVILLE, MN City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved D r C 11 n n �l DOCUMENT 00800 - SUPPLEMENTARY CONDITIONS EJCDC C-700 — 2002 Standard Edition INDEX SUPPLEMENTARY CONDITIONS - GENERAL COMMENTS SC-1 DEFINITIONS and TERMINOLOGY SC-2.03 CONTRACT TIME AND STARTING & COMPLETION DATES SC-2.04.13 CANCELLATION OF AWARD SC-4.02.A.2 PHYSICAL CONDITIONS SC-4.03 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS SC-4.04 PHYSICAL CONDITIONS - UNDERGROUND FACILITIES SC-4.05 REFERENCE POINTS SC-4.06.0 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE - CONTRACTOR RESPONSIBILITY TO NOTIFY SC-4.07 HISTORIC OR PALEONTOLOGIC CONDITIONS - CONTRACTOR RESPONSIBILITY TO NOTIFY SC-5.04 CONTRACTOR'S INSURANCE - ADDITIONAL REQUIREMENTS SC-5.05 OWNER'S LIABILITY INSURANCE SC-5.06 PROPERTY INSURANCE SC-5.07 WAIVER OF RIGHTS SC-5.09 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE SC-6.06.A IDENTIFICATION OF SUBCONTRACTORS / SUPPLIERS AND INFORMATION PRIVILEGES SC-6.06 CONCERNING SUBCONTRACTORS SUPPLIERS AND OTHERS SC-6.08 PERMITS SC-6.11 USE OF SITE - ADDITIONAL REQUIREMENTS SC-6.12 RECORD DOCUMENTS- ADDITIONAL REQUIREMENTS SC-6.13 SAFETY AND PROTECTION - TRAFFIC CONTROL; HAZARD IDENTIFICATION SC-6.20 INDEMNIFICATION SC-6.21 DELEGATION OF PROFESSIONAL DESIGN SERVICES SC-9.01 ENGINEER'S STATUS - COMMUNICATIONS; RESIDENT PROJECT REPRESENTATIVE; STOPPAGE SC-11.03.13 PLAN QUANTITY PAYMENTS SC-11.03.13 CHANGES IN UNIT PRICE QUANTITIES SC-12.03.13 DELAYS SC-12.04 LIQUIDATED DAMAGES SC-13.06.13 CORRECTION OR REMOVAL OF DEFECTIVE WORK SC-13.07 START OF TWO YEAR CORRECTION PERIOD SC-14.01 SCHEDULE OF VALUES SC-14.02 PROGRESS PAYMENTS SC-14.02.C.1. PAYMENT BECOMES DUE SC14.02.C2 PROGRESS PAYMENT TO SUBCONTRACTORS SC- 14.04.A & 14.10 SUBSTANTIAL COMPLETION AND PARTIAL UTILIZATION WAIVERS SC-14.07.A.4 WITHHOLDING OF INCOME TAX AT SOURCE SC14.07.C2 FINAL PAYMENT TO SUBCONTRACTORS SC-15.03 OWNER'S RIGHT TO TERMINATE FOR CONVENIENCE SC-16 DISPUTE RESOLUTION City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, [ne. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-1 H C J 7 I D r: J SUPPLEMENTARY CONDITIONS TO THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SUPPLEMENTARY CONDITIONS - GENERAL COMMENTS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 ed.) 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. Any reference to the Articles of the General Conditions shall be construed to include these articles as supplemented. The paragraph number for each item in these Supplementary Conditions corresponds to the equivalent paragraph number of the Section of the General Conditions which is being modified. SC-1 DEFINITIONS and TERMINOLOGY The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 ed.) have the meanings assigned to them in the General Conditions. The following definitions shall supplement the originals to expand their meaning: 1.01.A.23 Hazardous Waste - This shall include all "Pollutants or Contaminants" and those materials specifically listed as hazardous by the U.S. Environmental Protection Agency, The Minnesota Pollution Control Agency, the Minnesota Department of Health and/or the Occupational Health and Safety Administration. 1.01.A.44 Subcontractor - An individual, firm or corporation having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the work whether at or away from the site. The following definitions are added for purposes of the General Conditions, Supplemental Conditions and Specifications: 1.01.A.01 Access Road - That roadway included within the construction limits for egress and ingress from a public roadway to the construction site. 1.01.A.02 Add Alternate - A series of alternates which represent individual elements of the project and may be chosen, in any combination, by the Owner, and when added to the base bid will define the final awarded scope of work to be performed. 1.0l.A.2.01 Alternates/Alternatives -A different procedure or variation in the project design which may include other materials and/or procedures. Such alternatives may be proposed in the original documents or be offered by a Bidder in accordance with the procedures in the Project Manual. 1.01A.8.01 Bonds --Performance and payment bonds and other instruments of security. 1.0I .A.17.01 Easement - A right acquired to use or control property for a designated purpose. 1.0l.A.19.01 ENGINEER's Consultant --An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.0l.A.19.02 Extra Work - Any work not required by the Contract as awarded, but which is authorized and performed by Supplemental Agreement, either at negotiated prices or in accordance with Article 11 of the Standard General Conditions. 1.0l.A.23.01 Incidental, Incidental Item - A unit of Work for which no direct payment will be made. 1.0l.A.23.02 Item - A unit of Work for which a price is provided in the Agreement. 1.01.A.28.01 Operator - An individual, firm or corporation performing the tasks and listed on the National Pollution Discharge Elimination System/State Disposal System (NPDES/SDS) Permit. City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-2 J C 7 1 7 0 7 1.0l.A.29.01 Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.01.A.33.01 Plan Quantity - A fixed quantity for a proposal or contract line item which is multiplied by the unit price to find the final payment value of the work done under said contract line item. No field verification is made of the actual quantity upon completion of the project. The fixed quantity is considered to be the final quantity. 1.0l.A.37.01 Right -of -Way - The whole area which is secured and reserved for highway purposes, railroad purposes, or through which the improvement is located. 1.0l.A.37.02 Roadway - Where curbs are constructed, that area located between the curb lines. Where curbs are not constructed, that area located between the outside shoulder lines. 1.0l.A.43.01 Standard Drawings and/or Plates - Drawings which show standard construction details which have been prepared and/or approved by the ENGINEER and are usually bound with the specifications or available in Mn/DOT manual of Standard Plates.. 1.0l.A.43.02 Supplemental Agreement - Supplemental Agreement shall apply to State and Federal Aid Projects and shall be as defined in Mn/DOT Specifications, Division I. 1.0l.A.52.01 Working Day - A calendar day, exclusive of Saturdays, Sundays, and State recognized legal holidays, on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed for at least 2 hours of the day with the normal working force engaged in performing the controlling item or items of work which would be in progress at that time. SC-2.03 CONTRACT TIME AND STARTING & COMPLETION DATES The following Paragraphs 2.03.13 and 2.03.0 shall be added immediately after Paragraph 2.03 of the General Conditions: 2.03.13 In the event the Contract Time is determined by Working Days or Calendar Days, assessment of Working Day or Calendar Day charges will begin no earlier than the tenth day after the effective date of the Agreement. In the event the CONTRACTOR elects to begin work prior to the Starting Date; working day charges will begin on the first day the work commences. 2.03.0 Construction of the project may begin after all of the preliminary matters of Article 2 of the General Conditions have been satisfied. The CONTRACTOR shall remain on the project site, working to maintain the accepted construction schedule, from the first day the work begins until substantial completion. SC-2.04.13 CANCELLATION OF AWARD The following Paragraph 2.04.13 shall be added immediately after Paragraph 2.04.A of the General Conditions. 2.04.13 The OWNER reserves the right to cancel the award of any Contract at any time before issuance of Notice to Proceed for said Contract without any liability against the OWNER, its agents, officials, employees or consultants. SC-4.02.A.2 PHYSICAL CONDITIONS The following Paragraphs 4.02.A.2.a, 4.02.A.2.b and 4.02.A.2.c shall be added immediately after Paragraph 4.02.A.2 of the General Conditions and before Paragraph 4.02.13: 4.02.A.2.a No drawings of any structures were used in the preparation of the Contract Documents. 4.02.A.2.b No existing structures (except as Underground Facilities referenced in Paragraph 4.04) are known by the OWNER or ENGINEER to exist within the limits of the Project site, and no drawings of any structures were used in the preparation of the Contract Documents. City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-3 H H E L F I 4.02.A.2.c Nothing in Paragraph 4.02 or any of its subparagraphs or supplementary subparagraphs shall release the CONTRACTOR from any responsibilities with respect to physical conditions in/or relating to existing structures contiguous to or near the project site. SC-4.03 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following Paragraph 4.03.1) immediately after Paragraph 4.03.C.3 of the General Conditions and before Paragraph 4.04: 4.03.13 CONTRACTOR shall not construe any portion of Paragraph 4.03 or any of its subparagraphs to infer that a contract change may be made for varying subsoil types or for varying groundwater levels. SC-4.04 PHYSICAL CONDITIONS - UNDERGROUND FACILITIES The following Paragraphs 4.04.0 through 4.04.G shall be added immediately after Paragraph 4.04.13 of the General Conditions. 4.04.0 The CONTRACTOR may be required to make certain exploratory excavations ahead of the construction to locate underground utilities such as existing water mains, sewer lines and services, gas mains, telephone lines and electrical lines. These excavations shall be made at the request and in the presence of the ENGINEER or his representatives in order that alignment and/or grade changes may be made if deemed necessary. Any compensation for the cost of the exploratory excavations shall be considered incidental to the construction unless indicated otherwise in the Specifications. 4.04.1) The CONTRACTOR shall notify the Gopher State One -Call Agency at least 48 hours prior to any excavation work in accordance with the requirements of that agency. 4.04.E No direct compensation will be paid by the OWNER for delays which may occur because of conflicts in grades with public or private utility lines; or, delays caused by private utility lines which may be found to be in conflict with the construction of the project. Further, the CONTRACTOR shall be prepared to cooperate with utility companies in any relocation or reconstruction of any portion of their lines within the construction zone, or directly affected by the construction of the project. 4.04.17 The utility information shown on the Plan may not be complete and is furnished from information supplied by various utility companies as an indication of the presence of utility lines in the vicinity of construction. The CONTRACTOR is the sole party responsible for contacting the utility companies to determine the extent and exact location of their facilities and to ascertain whether they are likely to be affected by the construction. The CONTRACTOR shall review with them the location of their utilities within the project limits and shall discuss the intended progress. In the event of accidental damage to any such facility, the CONTRACTOR shall immediately notify the utility company and cooperate fully in whatever is necessary to repair such facility or restore service. 4.04.G The CONTRACTOR shall assume full responsibility for all damages to property of such character, resulting from any act, omission, neglect or misconduct in the execution or non -execution of the Work. SC-4.05 REFERENCE POINTS Delete Paragraph 4.05 of the General Conditions in its entirety and insert the following Paragraph 4.05 in its place: 4.05.A. The OWNER will provide engineering surveys to establish reference points for construction as described in Section 01720, Field Engineering, of the Specifications. SC-4.06.0 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE - CONTRACTOR RESPONSIBILITY TO NOTIFY Add the following language immediately prior to the first sentence of 4.06.0 of the General Conditions: "The CONTRACTOR shall acknowledge that the cost of cleanup of newly exposed polluted or contaminated conditions is directly related to the extent of the exposure. The CONTRACTOR shall employ personnel who are trained in recognizing polluted or contaminated conditions. Failure to stop work in connection with newly exposed polluted or contaminated conditions will be construed to increase the ' City of Albertville - R13.100766 6/ 15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-4 11 7 II I CONTRACTOR'S liability relative to cleanup of continued construction beyond the time of initially uncovering the polluted or contaminated condition." SC-4.07 HISTORIC OR PALEONTOLOGIC CONDITIONS - CONTRACTOR RESPONSIBILITY TO NOTIFY Add the following language immediately after Paragraph 4.06.I of the General Conditions and before Article 5. 4.07.A Notice of Discovery of Historic or Paleontologic Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed is potentially of an historic or paleontologic nature, 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 permitted by Paragraph 6.16), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any work in connection therewith (except as aforesaid) until receipt of written order to do so. SC-5.04 CONTRACTOR'S INSURANCE - ADDITIONAL REQUIREMENTS The following Paragraph 5.04.0 and sub -paragraphs shall be added immediately following the last sentence of Paragraph 5.04.13.7 of the General Conditions and immediately before Paragraph 5.05. Sections 5.04.13.8 and 5.04.0 shall serve to supplement the General Conditions and define coverage limits and shall not otherwise remove or void any of the requirements of Paragraph 5.04 and its sub -paragraphs. 5.04 Additional Contractor's Insurance Requirements: 5.04.B.8The CONTRACTOR acknowledges and agrees that the coverage under the July 2004 edition of the ISO Additional Insured Endorsement CG 20 10 is not acceptable. If additional insured coverage is provided under ISO Additional Insured Endorsement CG 20 10, it will be provided under the pre-2004 edition of that endorsement. 5.04.C.I Prior to the commencement of this Agreement, the CONTRACTOR shall obtain certificates of all insurance required on a form approved by the OWNER, signed by an authorized representative of the insurance carrier. The certificates shall be submitted directly to the OWNER for review and approval with a record copy only to the ENGINEER for his files. The CONTRACTOR shall not begin any work until the OWNER has reviewed and approved the insurance certificates and has so notified the CONTRACTOR directly in writing. Any notice to proceed that is issued shall be subject to such approval by the OWNER. 5.04.C.2 The following is a listing of the coverage to be included in the liability insurance and to be clearly shown as covered on the insurance certificate. For work within railroad rights -of -way see Paragraph 5.04.C.9. a) Comprehensive general liability insurance including premises -operations coverage, completed operations coverage, independent contractor's coverage and contractual liability coverage, covering the indemnity agreement under Paragraph 6.20, with limits of not less than $ 1000000 combined single limit, including bodily injury liability and property damage liability. Lower basic general liability limits with existence of umbrella liability will be acceptable. b) Workers' compensation insurance and employees' liability insurance as required by law, with ' requirement that employers' liability insurance shall cover all employees with limits of not less than $ 1000000 combined single limit, including bodily injury, sickness, disease and death liability. ' c) Automobile, bodily injury and property damage liability insurance, including coverage for all owned, hired vehicles and employers' non -ownership liability coverage with limits of not less than $ 1000000 combined single limit bodily injury and property damage liability. ' d) The additional insured coverage required by paragraph 5.04.13 will extend to claims arising out of the CONTRACTOR's ongoing operations for the OWNER. U City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-5 I 1 11 H 5.04.C.3 The policy shall be a standard form policy provided for by a carrier approved by the State of Minnesota and having an "AM BEST" ratings of A- and FSC VIII or better. The policies shall not contain any exclusion that will restrict coverage on any operations performed by this CONTRACTOR or any subcontractor hereof. At the time the CONTRACTOR delivers all certificates of insurance and other proof of insurance to OWNER, the CONTRACTOR shall include evidence of the carrier's "AM BEST" rating. 5.04.C.4 It is a condition of the Contract that the policy or policies to be provided by the CONTRACTOR shall waive governmental immunity as a defense in any action brought against the insured by any other party to the Contract. 5.04.C.5 The policy shall provide full insurance to cover all of the CONTRACTOR's operating exposures including the picking up of materials, the operation of vehicles, the operation of collection and processing sites, explosion, remote borrow site activities, collapse, underground hazards and contractual liability as required in Paragraph 6.20. 5.04.C.6 Approval of the insurance by the OWNER shall not in any way relieve or decrease the liability of the CONTRACTOR hereunder, and it is expressly understood that the OWNER or the ENGINEER does not in any way represent that the above specified insurance or limits of liability are sufficient or adequate to protect the CONTRACTOR'S interest or liabilities. 5.04.C.7 Any insurance agent shall have in force for any coverage provided by this Contract Errors and Omissions Coverage with limits of not less than $ 1000000 per occurrence and $ 1000000 aggregate. 5.04.C.8 The OWNER and ENGINEER shall be named and listed as additional insureds on the CONTRACTOR'S general liability policy. The inclusion of more than one named insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured. 5.04.C.9 Whenever a Contract requires that work be performed within the right of way of a railroad or that materials be hauled across the tracks of a private crossing, the CONTRACTOR shall provide Railroad Protective Liability Insurance in accordance with Mn/DOT Specification 1708. The CONTRACTOR is advised that this increases coverage limits for Bodily Injury Liability, Property Damage Liability and Physical Damage to Property to $ 2,000,000 per occurrence and $ 6,000,000 aggregate. 5.04.C.10 Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail thirty (30) day written notice to the OWNER, with a copy mailed to the ENGINEER. SC-5.05 OWNER'S LIABILITY INSURANCE Paragraph 5.05 of the General Conditions is deleted in its entirety, and reference is made to the addition of Paragraph 5.04.C.8. SC-5.06 PROPERTY INSURANCE Delete Paragraph 5.06 of the General Conditions in its entirety and insert the following in its place: 5.06.A All responsibility for maintaining property insurance on any project premises or structures owned, operated or being constructed by the CONTRACTOR remains solely with the CONTRACTOR, and such responsibility shall remain with the CONTRACTOR until such time as this Contract is terminated. Such coverage shall apply to the entire project for the period of this Contract, and include completed Work, Work in progress, and materials stored on -site, off -site or in -transit. Such insurance shall include as additional named insured: the OWNER, the ENGINEER and their consultants, and each of their officers, employees and agents, and any other persons with an insurable interest designated by the OWNER. 5.06.13 If the Work involves above ground structures, in any way, including but not limited to ' construction, demolition, renovation, and/or remodeling, the CONTRACTOR shall submit, before commencement of the Work, written evidence that it has obtained Builders' Risk "All -Risk" Completed Value Insurance Coverage. Such coverage shall apply to the entire project for the period of this Contract, City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-6 r J H and include completed Work, Work in progress, and materials stored on -site, off -site or in -transit. Such insurance shall include as additional named insured: the OWNER, the ENGINEER and their consultants, and each of their officers, employees and agents, and any other persons with an insurable interest designated by the OWNER. SC-5.07 WAIVER OF RIGHTS Delete Paragraphs 5.07.13 and 5.07.0 of the General Conditions in their entirety. SC-5.09 ACCEPTANCE OF BONDS AND INSURANCE: OPTION TO REPLACE Paragraph 5.09.A of the General Conditions: The time period for the objecting party to notify the other party in writing is extended to 14 days. SC-6.06.A IDENTIFICATION OF SUBCONTRACTORS / SUPPLIERS AND INFORMATION PRIVILEGES The following Paragraph 6.06.A.I and 6.06.A.2 shall be added immediately following the last sentence of Paragraph 6.06.A of the General Conditions and immediately before Paragraph 6.06.13. These paragraphs shall serve to supplement the General Conditions, define notification of subcontractor requirements and define privileges held by such subcontractors to payment information and shall not otherwise remove or void any of the requirements of Paragraph 6.06 and its sub -paragraphs. 6.06.A. I The CONTRACTOR shall submit prior, to the Notice of Award, a list of proposed subcontractors and suppliers who will be furnishing, individually, more than five percent of the value of the labor or material for the project. The CONTRACTOR shall not award any of the contemplated work to any subcontractor without prior written approval of the OWNER. Such approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the subcontractor. The CONTRACTOR shall provide such information as the OWNER may require regarding the subcontractor. 6.06.A.2 Owner and Engineer may furnish to any such subcontractor, supplier or other person or ' organization, to the extent practicable, information about amounts paid to the CONTRACTOR in accordance with CONTRACTOR'S applications for payment on account of the particular subcontractors, suppliers, or other persons or organizations' work. ' SC-6.06 CONCERNING SUBCONTRACTORS SUPPLIERS AND OTHERS In paragraph 6.06.C.2, delete the text in the first line "anything in the Contract Documents". SC-6.08 PERMITS rDelete the first sentence of Paragraph 6.08 of the General conditions and add the following in its place: If the OWNER has obtained, or has applied for, the necessary construction permits from any regulatory ' agencies, they will be addressed in Section 0 14 10, Regulatory Requirements, of the Specifications. CONTRACTOR shall obtain and pay for all construction permits and licenses not specifically highlighted as previously obtained, or applied for, in the referenced Section. ' SC-6.11 USE OF SITE - ADDITIONAL REQUIREMENTS The following Paragraphs 6.11.B.I through 6.11.B.6 shall be added immediately after Paragraph 6.11.13 of the General Conditions and before Paragraph 6.11.C: 6.11.B. I All rubbish and solid waste shall be disposed by the CONTRACTOR in accordance with local, state and federal regulations. ' 6.11.B.2 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 Minnesota Department of Natural Resources and U.S. Corps of Engineers. ' 6.11.B.3 The CONTRACTOR shall provide and maintain all sanitary accommodations for use of his employees as may be necessary to provide for their health and welfare which complies with Federal, State and local codes and regulations. ' City of Albertville - R13.100766 SUPPLEMENTARY CONDITIONS 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00800-7 H d 6.11.B.4 Particular care shall be taken to minimize excess erosion and sediment runoff onto adjoining paved areas and into storm sewer drains. The CONTRACTOR shall furnish material, labor and equipment for temporary control of erosion during the construction of this project. Temporary check dams, dikes, berms, sediment basins and other erosion control devices or methods shall be utilized, as needed, during construction. Specific requirements for temporary erosion control, if any, will be addressed in Section 02370 - Temporary Erosion & Sediment Control and/or Section 01110, Summary of Work, of the Specifications. Unless indicated otherwise in the specifications, no direct payment shall be made for temporary erosion control measures; this work shall be considered incidental to the project. 6.11.B.5 The CONTRACTOR shall comply with the requirements of the 1987 amendments to the Federal Clean Water Act and the requirements of the Minnesota Pollution Control Agency (MPCA). Wherever the total area disturbed by comprehensive construction project exceeds 1 acre, the Contractor shall co-sign the "Application for General Storm Water Permit for Construction Activity" (Ref. 02370 - Temporary Erosion & Sediment Control). 6.11.B.6 Backfilling of all trenches and open excavations shall be done as completely and quickly as possible after excavation and complete cleanup shall proceed directly behind backfilling. The OWNER or ENGINEER may require other construction delayed until, in OWNER'S or ENGINEER'S opinion, the backfill and cleanup have been completed sufficiently assuring reasonable public safety and convenience. SC-6.12 RECORD DOCUMENTS- ADDITIONAL REQUIREMENTS The following Paragraphs 6.12.13 through 6.12.17 shall be added immediately after Paragraph 6.12.A of the General Conditions and before Paragraph 6.13: 6.12.13 The responsibility for accurately maintaining the Project Record Documents shall be the Contractor's. 6.12.0 The purpose of the final Project Record Documents is to provide factual information regarding all aspects of the work, both concealed and visible, to enable future modification of the work to proceed without lengthy and expensive site measurement, investigation, and examination. 6.12.13 The Project Record Documents shall show by dimension accurate to within 1/2 foot horizontally and 1/10 foot vertically, the centerline locations (both horizontal and vertical) of all changes in direction of concealed improvements and/or existing items encountered during the construction. Such items include but are not limited to pipeline branches, services, tees, bends, farm tiles, electrical conduits, telephone cables, traffic light control conduits, etc. and of all changes of material type. All notations shall be sufficiently descriptive that they may be related reliably to the Specifications. 6.12.E In the event of loss of recorded data, the Contractor shall use whatever means necessary to again secure the data to the Engineer's approval. 6.12.E. I Such means shall include, if necessary in the opinion of the Engineer, removal and replacement of concealing materials. 6.12.E.2 In such case, provide replacements to the standards originally required by the Contract Documents. 6.121 Prior to submitting a request for final payment, submit the final Project Record Documents to the Engineer and/or Owner for approval. Approval of the Record Documents shall not constitute final acceptance of the completed project. SC-6.13 SAFETY AND PROTECTION - TRAFFIC CONTROL: HAZARD IDENTIFICATION Add the following language to Paragraphs 6.13.A.4, 6.13.A.5 and 6.13.A.6 after the last sentence of Paragraph 6.13.A.3 of the General Conditions and its sub -paragraphs and immediately before Paragraph 6.13.13: 6.13.A.4 The CONTRACTOR shall furnish and maintain all barricades, signs and flashing lights and ' provide the necessary traffic control devices to divert, control and protect the public from harm during construction of the project. Warning signs and barricades shall be in strict compliance with the Minnesota Manual on Uniform Traffic Control Devices, Part VI, entitled "Construction and Maintenance", with all its City of Albertville - R13.100766 SUPPLEMENTARY CONDITIONS 6/15/2009 0 Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00800-8 C H- I 7 applicable appendices. The CONTRACTOR shall provide the OWNER with the name and telephone number of a person who can be reached at all times during the construction and is qualified to replace and maintain moved or malfunctioning equipment in accordance with the recommended standard practices. 6.13.A.5 The OWNER, ENGINEER or their representatives may indicate potential safety hazards noticed at the construction site. However, the CONTRACTOR shall remain the only party liable for the maintenance of safe construction practices. 6.13.A.6 Specific traffic control requirements, if any, are described in Section 01555, Maintenance of Traffic, and/or Section 02890, Traffic Signs, of the Specifications. The CONTRACTOR shall cooperate fully with the OWNER, local emergency vehicle personnel, and adjoining property owners to maintain access to their property during the entire length of construction. Unless indicated otherwise in the specifications, the cost of maintaining and/or detouring through traffic will be considered incidental to the proj ect. SC-6.20 INDEMNIFICATION Paragraph 6.20.A of the General Conditions - The following text shall replace the text from "but only to the extent caused by ..." to the end of the last sentence. "... regardless of whether or not caused in whole or in part by any negligence or omissions of an individual or entity indemnified hereunder." Delete Paragraph 6.20.C.2 of the General Conditions. SC-6.21 DELEGATION OF PROFESSIONAL DESIGN SERVICES Delete the first sentence of Paragraph 6.21.13 of the General conditions and add the following in its place: 6.21.b If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify the general performance and design criteria for the final product that such services must satisfy in order to meet the intended use. In some cases, the licensed professional may be required to make certain assumptions regarding the specific design criteria and shall utilize professional judgment when making such assumptions. The CONTRACTOR and its professional design services provider(s) acknowledge that the bid documents cannot depict every condition that could impact a particular vendor's detailed design; therefore CONTRACTOR and its professional design services provider(s) are responsible to conduct site visits or other investigations to determine field conditions and verify design criteria and design assumptions prior to performing design services. The design professional shall be responsible for insuring that their design meets all applicable codes. All assumptions shall be documented and submitted with the design calculations. Paragraph 6.21.E of the General Conditions is deleted in its entirety and add the following in its place: 6.21.E The CONTRACTOR SHALL not be responsible for the adequacy of the performance criteria or design criteria provided in the Contract Documents. SC-9.01 ENGINEER'S STATUS - COMMUNICATIONS; RESIDENT PROJECT REPRESENTATIVE• STOPPAGE Add the following Paragraph 9.01.13 immediately following Paragraph 9.0 LA and before Paragraph 9.02 of the General Conditions: 9.01.13 All communications with the CONTRACTOR pertaining to the work will normally be directed to and issued through the ENGINEER. Add the following language immediately following Paragraph 9.03.A of the General Conditions: If OWNER and ENGINEER agree that the ENGINEER will furnish a Resident Project Representative (RPR), Exhibit A, following the Supplementary Conditions, will define the status of the RPR for the project, including duties and limitations of authority. Nothing herein shall obligate the OWNER or ENGINEER for the benefit of the CONTRACTOR to provide an RPR or other staff during the construction except as required by SC-4.05. City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-9 C D H r [1 Add the following language at the end of Paragraph 9.05.A of the General Conditions: The ENGINEER may recommend to the OWNER that work be stopped in accordance with the provisions of Paragraph 13.05 of the General Conditions. SC-11.03.13 PLAN QUANTITY PAYMENTS The following Paragraphs 11.03.13.1 & 2 shall be added immediately after Paragraph 11.03.13 of the General Conditions: 11.03.13.1 If the letter "P" appears in parentheses after the item description of a bid or contract line item in the Schedule of Unit Prices, the corresponding amount of work listed under the approximate quantity column is considered a plan quantity. 11.03.13.2 The OWNER reserves the right to negotiate additional plan quantity items with the Successful Bidder and to include accepted plan quantity items in the AGREEMENT. SC-11.03.D CHANGES IN UNIT PRICE QUANTITIES Delete Paragraph 11.03.13 of the General Conditions in its entirety and insert the following Paragraph 11.03.13.1 in its place: 11.03.13.1 All quantities of work, whether increased or decreased, are to be performed at the unit prices bid and accepted. Any work item quantity may, at the OWNER'S discretion, be increased, decreased or eliminated without change in the accepted unit price, except however, that in the event that a reduction in quantity of a single work item constitutes a decrease of more than 20 percent of the value of the total contract (computed prior to the reduction), the CONTRACTOR may request a change in unit price for that work item to recover a pro-rata share of fixed costs attributable to that work item. The request shall be in writing and shall be accompanied by evidence supporting the claim. In the event that an increase in quantity of a single work item constitutes an increase of more than 20 percent of the value of the total contract, the OWNER may request a change in unit price for that item to recover a pro-rata share of excess fixed costs attributable to that work item. SC-12.03.13 DELAYS Delete Paragraph 12.03.13 of the General Conditions in its entirety and replace it with the following: B. If Owner, Engineer, or other contractors under direct contract with or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times,. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.13. SC-12.04 LIQUIDATED DAMAGES Add the following Paragraph 12.04 immediately following Paragraph 12.03.E and before Article 13 of the General Conditions: 12.04 In the event that the work required by this Contract is not completed by the CONTRACTOR within the Contract Time, the CONTRACTOR agrees to pay the OWNER liquidated damages as indicated in the AGREEMENT. In action involving recovery of damages for delay, the reasonableness of daily, liquidated damage charges shall be presumed and the amount assessed will be in addition to every other remedy enforceable at law, in equity, by statute or under the Contract. SC-13.06.13 CORRECTION OR REMOVAL OF DEFECTIVE WORK Add the following text to the last sentence in Paragraph 13.06.13 of the General Conditions: "..., or that would void or otherwise impair Owner's special warranty and guarantee on work on other projects as a result of making such corrections without first notifying the Owner." SC-13.07 START OF TWO YEAR CORRECTION PERIOD City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-10 C Modify Paragraphs 13.07.A and 13.07.13 of the General Conditions to change all references for the correction period length from one year to two years, except for luminaries, which is five years. ' Add the following Paragraph 13.07.F immediately after Paragraph 13.07.E of the General Conditions and before Paragraph 13.08: 13.07.17 For purposes of this Paragraph 13.07, the date of Substantial Completion shall be interpreted as the ' date when final payment is due in accordance with Paragraph 14.07B and 14.07.C, and the two year correction period shall commence on the date when final payment is due in accordance with Paragraph 14.0713 and 14.07.C, unless otherwise modified by the Specifications or by Written Agreement. SC-14.01 SCHEDULE OF VALUES Replace Paragraph 14.01.A, with the following: ' A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form laid out by the Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. SC-14.02 PROGRESS PAYMENTS Delete Paragraph 14.02.A.3 of the General Conditions and add the following Paragraphs in its place: 14.02.A.3 Progress Payments (partial payments) will be made in the amount of 95 percent of the value of the completed work, unless specifically modified by the Agreement. The cut-off date for calculation of completed quantities is described in the Agreement. 14.02.A.4 All out-of-state contractors shall comply with all State of Minnesota surety deposit ' requirements. The OWNER will withhold an additional sum of 8 percent of the amount due the Contractor from each payment and forward it to the Department of Revenue until the CONTRACTOR's state tax obligations are considered fulfilled unless the CONTRACTOR can show reason for exemption. Exemption will be granted provided the out-of-state contractor files Form SD-E (Exemption from Surety Deposits for Out-of-state Contractors) and meets the exemption guidelines established for the Minnesota Department of Revenue. All necessary forms may be obtained from the Minnesota Department of Revenue, Mail Station 4450, St. Paul, Minnesota 55146-4450, or phone 1-800-657-3777. SC- 14.02.C.I - PAYMENT BECOMES DUE The time period for payment due is extended to 15 days. SC14.02.C2 PROGRESS PAYMENT TO SUBCONTRACTORS Add the following Paragraph SC14.02.C2 immediately following SC14.02.C1 For contracts involving payment with public funds within the State of Minnesota, including but not limited to cities, counties, towns, school districts, political subdivisions or agencies of local government, within ten days after progress or partial payment has been made to the Prime Contractor, the Prime Contractor shall make payment to all Subcontractors for undisputed services provided by the Subcontractor. The Prime Contractor shall pay interest of 1.5% per month or for any part of a month to the Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Prime Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil ' action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. SC-14.04.A & 14.10 SUBSTANTIAL COMPLETION AND PARTIAL UTILIZATION WAIVERS ' Add the following Paragraph 14.05.A.3 immediately after Paragraph 14.05.A.2 of the General Conditions. Paragraph 14.05.A.3 modifies Paragraph 14.04.A and 14.05.A of the General Conditions and reference is made thereto. ' 14.05.A.3 Nothing in Paragraph 14.04.A shall obligate the CONTRACTOR to apply for a Certificate of Substantial Completion for any part of this Project. The provisions for partial utilization of the Project, if ' City of Albertville - R13.100766 SUPPLEMENTARY CONDITIONS 6/15/2009 0 Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00800-11 n I H C any, are established by the Specifications and no Certificate of Substantial Completion will be issued for partial utilization occurring within the terms of the Specifications. Partial utilization of the Project not covered by the Specifications shall be in accordance with Paragraph 14.05.A and its sub -paragraphs. If a Certificate of Substantial Completion is not issued, Substantial Completion shall be when final payment is due in accordance with Paragraph 14.07.13. SC-14.07.A.4 WITHHOLDING OF INCOME TAX AT SOURCE Add the following Paragraph 14.07.A.4 immediately following Paragraph 14.07.A.3 of the General Conditions and immediately before 14.07.13: 14.07.A.4 "Final payment will not be made to the CONTRACTOR until a certificate showing that the CONTRACTOR has complied with the provisions of M.S.A. 290.92 requiring withholding of income tax on wages at the source. Said certificate shall be executed by the Commissioner of Revenue. Forms for certification may be obtained from the Commissioner of Revenue, Centennial Building, St. Paul, Minnesota 55145." SC14.07.C2 FINAL PAYMENT TO SUBCONTRACTORS Add the following Paragraph SC14.07.C2 immediately following SCI4.07.CI For contracts involving payment with public funds within the State of Minnesota, including but not limited to cities, counties, towns, school districts, political subdivisions or agencies of local government, within ten days after final payment has been made to the Prime Contractor, the Prime Contractor shall make payment to all Subcontractors for undisputed services provided by the Subcontractor. The Prime Contractor shall pay interest of 1.5% per month or for any part of a month to the Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00 For an unpaid balance of less than $100.00, the Prime Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. SC-15.03 OWNER'S RIGHT TO TERMINATE FOR CONVENIENCE Paragraphs 15.03.A.I through 15.03.A.4 shall apply when the right to terminate has been exercised after on -site work has been started. Add the following Paragraph 15.03.A.5 immediately following Paragraph 15.03.A.4 of the General Conditions and immediately before 15.03.13. 15.03.A.5 In the event the OWNER exercises its right to terminate before any on -site work has commenced, and if the CONTRACTOR can prove incurred costs associated with ordering materials in good faith, the OWNER will, at its own discretion, either pay the material cost with full delivery of said materials to the OWNER, or pay any restocking charges. SC-16 DISPUTE RESOLUTION Delete Article 16 of the General Conditions in its entirety and add the following Paragraphs in its place: OWNER and CONTRACTOR agree that they shall submit any and all unsettled claims, counterclaims, disputes or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof to the following Mediation / Arbitration procedure for dispute resolution. 16.01 Mediation Procedure 16.0 LA Notice to Invoke Procedure Should a dispute arise over the interpretation or application of this Agreement, which cannot be resolved by negotiations between the parties, they shall invoke this Mediation Procedure before proceeding to litigation. Either party may invoke the Procedure by giving written notice to the City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-12 I other. The notice shall include the designation of an executive officer with authority to engage in mediation and settle the dispute. ' 16.01.13 Response Within fourteen (14) business days of a notice given as provided above, the other party shall respond, designating an executive officer with authority to engage in mediation and settle the ' dispute on its behalf. 16.01.0 Submission ' Within five (5) business days of a response given as provided above, the parties shall select a mutually acceptable neutral third party, who shall act as mediator, and schedule the first mediation session to resolve the dispute. All mediation meetings shall be held at the offices of the Owner unless otherwise agreed. ' 16.01.13 No Resolution Through Mediation In the event the parties are unable to reach a resolution of the dispute through the Mediation Procedure, described herein, each party agrees to enter into Arbitration in accordance with the terms and conditions of SC-16.02 of the Supplementary Conditions. 16.01.E Confidentiality To the extent permissible under Minnesota Data Practices Act and the Minnesota Open Meeting Law, by entering into this Mediation Procedure, the parties shall be taken to agree that the entire proceeding is confidential; that the parties, their representatives and the Neutral Third Party must ' keep confidential all statements, whether oral or written, made in this proceeding, and all other matters relating to the proceeding, including the settlement agreement, except when, and insofar as its disclosure is necessary to implement and enforce such agreement. All such matters will be inadmissible and not subject to discovery in any litigation, arbitration, or other proceeding. The Neutral Third Party will be disqualified as a witness, consultant, or expert for any part to this proceeding, and his opinions, records or notes in this proceeding will be inadmissible in any litigation, arbitration or other proceeding. J n 16.02 Arbitration Agreement 16.02.A All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.09) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of this Article 16.02. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16.02 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.02.13 No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 10.05 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 10.05; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.08 will be made later than thirty (30) days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.08. City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-13 �J H F 7 11 16.02.0 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.02.13 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in event shall any such demand be made after that date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 16.02.D Except as provided in paragraph 16.02.E below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.02.D.I The inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.02.D.2 Such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.02.D.3 The written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.02.E Notwithstanding paragraph 16.02.1) if a claim, dispute or other matter in questions between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER AND CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.06.G a specific provision whereby the Subcontractor consents to being joined in arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.02.E nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER, or ENGINEER's Consultants that does not otherwise exist. 16.02.F If the amount of the dispute submitted for arbitration was less than or equal to $ 15,000, the award ' rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.02.G If the amount of the dispute submitted for arbitration was greater than $ 15,000, the award rendered by the arbitrators may be accepted by all parties and judgment may be entered upon it in any court having jurisdiction; or any party may choose to reject the proposed award of the arbitrators and elect to pursue other legal remedies that are available. 7 16.02.H OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by The American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.02.A through 16.021, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.02.13 and 16.02.0 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUPPLEMENTARY CONDITIONS PAGE 00800-14 11 P I ' CONDITIONS OF THE CONTRACT ' ALBERT VILLAS 6TH ADDITION -CONCRETE REPAIRS CITY OF ALBERTVILLE ALBERTVILLE, MN F C L J 1 City of Albertville - R13.100766 6/15/2009 0 Bolton & Menk, Inc. 2009, All Rights Reserved Division 1 -1 J L Fri SECTION 01110 - SUMMARY OF WORK PART 1 -- GENERAL 1.1 PROJECT LOCATION A. The project is located in Albertville, MN. The project location is shown on the vicinity map in the design drawing set. 1.2 PROJECT DESCRIPTION A. The project involves but is not limited to the complete construction of public improvements for the repair and replacement of concrete walks and curb. Individual elements of work shall include, but are not limited to: 1. Removal of bituminous pavement, concrete curb and gutter, sidewalk and driveways, pipe and other miscellaneous items. 2. Concrete walk construction. 3. Concrete curbing and driveway pavement construction. 4. Bituminous street patching. 5. Traffic Control. 6. Other miscellaneous work shown on the plans or specified herein. 1.3 ALTERNATE MATERIALS & METHODS OF CONSTRUCTION A. The Contractor may present alternative materials and/or methods of construction for consideration by the Owner. Proposals for such alternatives shall be in accordance with the provisions of Section 01230 - ALTERNATES / ALTERNATIVES. 1.4 CONTRACTOR USE OF PROJECT SITE A. The Contractor's use of the project site shall be limited to its construction operations, including on -site storage of materials and field offices. No materials shall be stored in a location as to limit access to the affected public. Any damage caused by Contractor operations to private property, including but not limited to, parking lots, trees, shrubs, material spatter, etc. shall promptly be corrected at the Contractor's expense. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 OPERATIONAL LIMITATIONS AND REQUIREMENTS A. The Contractor shall confine its work within the limits of the easements, public rights -of -way, and/or construction limits as shown on the plans. If the Contractor desires additional space, it shall be the Contractor's responsibility to acquire easements and/or permission, as desired. ' City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved SUMMARY OF WORK PAGE 01110-1 ' 3.2 BARRICADES ' A. The Contractor shall furnish and install any necessary barricades to protect the public or workers during the project. Barricades to keep public out of construction areas shall be left in place until removed by Contractor after they are no longer required for protection. The Contractor is responsible to secure the site at all times during the demolition. ' B. The Contractor shall furnish names, addresses, and phone numbers of at least two (2) local individuals capable of immediate response who will be responsible for the site security and traffic control devices ' to: The Engineer The Owner ' Local Law Enforcement Agencies C. The Contractor shall respond with sufficient personnel, equipment and/or materials and conduct the ' required work or be subject to a $ 100 per hour deduction from the time of notification for non - attention to project security and safety. 3.3 SAFETY HAZARDS ' A. The Owner, Engineer or their representatives may indicate potential safety hazards noticed at the Construction site. However, the Contractor shall remain the only party liable for the maintenance of ' safe construction practices. 3.4 INTERFERENCE WITH TREES A. The Contractor may be required to trim tree branches that overhang the work zone as specifically ' identified during construction by the Engineer, where branches are likely to be broken or excessively damaged by construction equipment and activities. Branches which are accidentally damaged during ' construction shall be trimmed immediately. All trimmed ends shall be coated with an appropriate coating material. B. The Contractor shall protect existing trees within close proximity of the construction from stripping and root damage. Roots extending into excavations shall be cut before excavating in their vicinity. Roots cut or otherwise damaged shall be coated with an appropriate protective dressing prior to backfilling. ' C. No direct compensation for tree protection and interference shall be made, unless specifically identified in the Schedule of Unit Prices. I ****END OF SECTION**** I City of Albertville - R13.100766 6/15/2009 Bolton & Menk, Inc. 2009, All Rights Reserved SUMMARY OF WORK PAGE 01110-2 eSECTION 01555 - MAINTENANCE AND CONTROL OF TRAFFIC PART l -- GENERAL ' 1.1 SUMMARY A. Traffic Control ' 1. All traffic control methods shall conform to the provisions of the latest edition of the Minnesota Manual of Uniform Traffic Control Devices (MN MUTCD), including its supplements and Part VI, "Field Manual for Temporary Traffic Control Zone Layouts", the "Guide to Establishing Speed Limits in Highway Work Zones", the Minnesota Flagging Handbook, the provisions of Mn/DOT 1404 and 1710, the Minnesota Standard Signs Manuals Parts I and 11, the Traffic Engineering Manual Chapter 8 Appendixes 8-8.02 and 8-8.03, the Traffic Control Layouts/Typical Traffic Control Layouts in the Plans. 2. The Contractor shall furnish, install, maintain and remove all traffic control devices including, but not limited to, construction signs, barricades and barricade weights, traffic marking tape, and warning lights which are needed for the guidance, warning and control of traffic adjacent to and ' through this project. 3. The Contractor shall provide sufficient surveillance of the traffic control devices to insure compliance during the entire construction period. The Contractor shall furnish names, addresses, and phone numbers of at least two (2) local individuals capable of immediate response who will be responsible for the site security and traffic control devices to: The Engineer ' The Owner Local Law Enforcement Agencies The Contractor shall respond with sufficient personnel, equipment and/or materials and conduct ' the required work or be subject to a $ 100 per hour deduction from the time of notification for non -attention to project security and safety. 4. The Contractor shall schedule the work to cooperate fully with residential and business property owners abutting the project to minimize the time of restricted access to their property during the construction period. Driveway access to any property adjacent to the construction zone shall be restricted no more than seven days to allow for curing of the concrete curb and driveway pavement. 5. The cost of maintaining vehicular and pedestrian traffic on temporary aggregate surfaced drives, walkways, including the eventual removal of the aggregate material, shall be considered incidental to traffic control. 6. If it is necessary to enter upon a right-of-way controlled by the County or Minnesota Department of Transportation, the Contractor shall notify the appropriate agency before commencing construction within the right-of-way. 7. In the event that any of the above right-of-way require traffic to be detoured around the construction zone, the Contractor shall prepare the detour route with the appropriate Agency representatives. The Contractor shall provide and maintain all signing and other traffic control required. The affected Agency shall be notified by the Contractor before re-routing traffic. Dust control and road maintenance of the by-pass route shall be the Contractor's responsibility. 8. The Contractor shall be responsible for securing a site for storage of construction equipment and materials. B. General Construction and Traffic Requirements City of Albertville - R13.100766 MAINTENANCE AND CONTROL OF TRAFFIC 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 01555-1 H ' 1. The parking of Contractor's Vehicles that obstruct any traffic control devices will not be permitted. 1.2 METHOD OF MEASUREMENT AND PAYMENT ' A. Traffic Control shall be considered incidental to the project and no compensation will be granted. PART 2 -- PRODUCTS (NOT USED) ' PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. The Contractor shall notify the Engineer in writing at least 72 hours prior to the start of any construction operation that will necessitate lane closure or internal traffic control signing. ' B. The traffic control devices required along the project corridor shall be delivered and installed prior to the start-up of the work. C. The Contractor shall maintain traffic through the intersections whenever possible. D. The Contractor shall monitor and maintain all traffic control devices. ****END OF SECTION**** I� J I 11 City of Albertville - R13.100766 MAINTENANCE AND CONTROL OF TRAFFIC 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 01555-2 r] I �I F L L r F TECHNICAL SPECIFICATIONS ALBERT VILLAS 6TH ADDITION -CONCRETE REPAIRS CITY OF ALBERTVILLE ALBERTVILLE, MN City of Albertville - R13.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved Division 2 -1 SECTION 02220 - REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES ' PART I -- GENERAL 1.1 SUMMARY ' A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the removal of pavement and miscellaneous structures as indicated on the drawings or as specified herein. e1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced ' specification or as modified below: B. The UNIT PRICE bid for removing pavement and miscellaneous structures shall include all costs of labor, materials, equipment and ultimate disposal required to complete the work, as specified. C. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the ' associated removal and excavation items. Such items of work include but are not limited to: 1. Saw cutting - bituminous and/or concrete, driveways, sidewalks, pavements, curb & gutter, and other impervious surfaces. Removing storing and reinstalling mail boxes, street signs or similar ' structures which must be moved to construct the project. 2. Off -site disposal of excess excavated material and debris. ' 3. Removal and off -site disposal of bituminous or concrete pavement, unless designated for salvaging. 4. Removing, salvaging and storing, or disposing of manhole and catch basin castings. 5. Loading, hauling, stockpiling and placing as directed (i.e., leveling) designated salvage items to a ' location directed by the Owner. 6. Fees and permits for the disposal of materials. e 7. Removal and disposal of existing sanitary sewer pipe, storm sewer pipe, watermain, and service pipes. 8. Bulkheading the ends of existing pipes designated by the Engineer to be abandoned in place. 9. Protection from damage of structures or other surface improvements that are not to be removed, and subsequent repair and/or replacement if damaged by Contractor operations. D. 1.3 SPECIFICATION REFERENCES ' A. Mn/DOT Specification Section 2104 shall apply to the removal of pavement and miscellaneous structures, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. ' 1.4 SUBMITTALS ' A. No exception to the referenced specification is made. ' City of Albertville - R13.100766 REMOVE PAVEMENT AND MISCELLANEOUS STRUCTURES 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 02220-1 r� 1-1 I E H H H PART 2 -- PRODUCTS 2.1 NO EXCEPTION TO THE REFERENCED SPECIFICATION IS MADE. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Remove existing bituminous, curb and gutter, walks, drives, steps and other specified items where shown on the plans and/or required for the construction of the project. B. Saw cut bituminous and concrete surfaces prior to excavation, to produce a clean-cut breakage joint. C. Dispose of all concrete and bituminous removal items, rubbish and debris outside of the construction zone. It shall be the Contractor's responsibility to secure all required permits and pay all fees associated with the disposal of the material and to secure the disposal site. D. Remove existing mailboxes, street signs and similar structures that must be removed to construct the project. Restore these facilities to the original location or a location designated by the Owner, when work has progressed past the location of the structure. The Contractor shall reinstall or replace those structures which are damaged or lost during the course of construction with new materials or components. E. The Contractor shall take full responsibility to protect structures or other surface improvements from damage that are not to be removed. If damage to these facilities occurs due to the construction of the project, the Contractor shall replace or repair them. F. The Owner will designate which existing hydrants, valves and boxes, manhole castings and other items removed as part of the construction, are to be salvaged. All other items shall be disposed by the Contractor. G. In general, all existing watermain, sanitary sewer and storm sewer pipe being replaced by new improvements shall be considered as debris and removed during the construction process. In certain instances, existing pipes may be abandoned in place, with the approval of the Engineer. H. Where existing pipes are to be abandoned in place, the exposed pipe ends shall be bulkheaded shut with a watertight non -shrink concrete grout at a thickness of not less than one pipe diameter. ****END OF SECTION**** City of Albertville - R13.100766 REMOVE PAVEMENT AND MISCELLANEOUS STRUCTURES 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 02220-2 L H SECTION 02741 - BITUMINOUS PATCH PART1-- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the construction of plant -mixed bituminous surfacing as indicated on the plans or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: B. Payment for bituminous patch shall be considered incidental to the concrete curb and gutter work. The amount bid for curb and gutter shall include all material and work required to construct the bituminous patch as specified on the plans, including: ' (a) Removal and disposal of bituminous pavements. (b) Common excavation ' (c) Subgrade Preparation (d) Aggregate Base Course (e) Bituminous Base Course, if specified ' (f) Bituminous Tack Coat (g) Bituminous Wearing Course ' (h) Constructing clean vertical edges on adjacent asphalt surfaces. C. The furnishing and installing of specific items and/or the performance of work under certain ' circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated bituminous patch. Such items of work include but are not limited to: D. No exception to the referenced specifications is made. 1.3 SPECIFICATION REFERENCE ' A. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. B. Removing Existing Bituminous Pavements ' 1. Mn/DOT Specification Section 2104 shall apply to the removal and disposal of bituminous pavement, except as modified herein. ' C. Common Excavation 1. Mn/DOT Specification Section 2105 shall apply to the common excavation, except as modified herein. ' D. Subgrade Preparation City of Albertville - R13.100766 BITUMINOUS PATCH 6/15/2009 C Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 02741-1 ' 1. Mn/DOT Specification Section 2112 shall apply to the subgrade preparation, except as modified herein. E. Aggregate Base Course ' 1. Mn/DOT Specification Section 2211 shall apply to the construction of aggregate base, except as modified herein. ' F. Bituminous Tack Coat 1. Mn/DOT Specification Section 2357 shall apply to the construction of bituminous tack coat, except as modified herein. 1 G. Bituminous Paving Materials 1. Mn/DOT Specification Section 2350/2360, Bituminous Quality Assurance, shall apply to the construction of plant -mixed bituminous surfacing, except as modified herein. (a) Mn/DOT Section 02360.6134: The maximum payment factor for density is 100%. (b) Mn/DOT Section 02360.7C (Pavement Smoothness Specification — IRI (International Roughness Index)) is hereby DELETED. PART 2 -- PRODUCTS 2.1 MATERIALS ' A. Subgrade Preparation 1. No to the is exception referenced specification made. ' B. Aggregate Base Course 1. The to be Specifications for Aggregate Base, Class 5. material used shall conform to the C. Bituminous Tack Coat ' 1. The bituminous material for tack coat shall be CSS-1H .Bituminous Paving Materials 2. Bituminous material and aggregates shall conform to the typical sections shown in the plans. ' PART 3 EXECUTION -- 3.1 CONSTRUCTION REQUIREMENTS A. Unless otherwise shown on the typical sections in the plans, the depth and class of aggregate base and bituminous surface to be constructed shall be: ' 1. Bituminous Patch - 7 Ton (a) 1 'h " Type MV Bituminous Wearing Course (b) 2 %s " Type MV Bituminous Base Course (c) 8 " 2211 Aggregate Base, Class 5 B. The subgrade, aggregate and bituminous base courses of patches whose smallest dimension is less than the width of the compaction equipment shall be hand tamped. ' C. The subgrade shall be compacted using Quality Compaction Method. ' City of Albertville - R13.100766 6/15/2009 BITUMINOUS PATCH C Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 02741-2 D. When the Contractor believes subgrade preparation is complete, he shall notify the Engineer for a final examination. If the Engineer requests it, the subgrade shall be test rolled with a fully loaded tandem truck to verify subgrade stability. E. Aggregate base construction shall take place only after the street subgrade condition and grade has been ' examined by the Engineer. F. Cut the adjacent asphalt surface prior to the Construction of the bituminous surface course to obtain a clean, vertical, solid edge. G. Compaction of the aggregate base courses shall be by the Quality Compaction Method. ' H. The bituminous tack coat shall be applied the 0.08 at rate of gallons per square yard. ' L The contact surfaces of all fixed structures, the edge of the in -place mixture in all courses at transverse joints, and the wearing course at longitudinal joints shall be given a uniform coating of Liquid Asphalt or Emulsified Asphalt before placing the adjoining mixture. The bituminous material shall be applied by methods that will ensure uniform coating and in no case shall the application be excessive. J. The bituminous surfacing shall be constructed with maximum deviation of plus or minus 1/4-inch from the planned compacted thickness. ' K. Compaction of all bituminous mixtures shall be by the Ordinary Compaction Method. A nuclear density meter and operator shall be provided by the Contractor, if requested by the Engineer. ' 3.2 FIELD QUALITY CONTROL A. The bituminous mix shall be designed using Contractor Trial Mix Designs. A current Mn/DOT mix design may be accepted provided it represents the aggregate source and bituminous plant being used for ' the project, and is approved by the Engineer. No bituminous mixture shall be placed without an approved mix design. C B. Final line and grade of the wearing surface shall not exceed the following tolerances from the adjacent pavement surfaces: Distance Below Adjacent Bituminous Pavement City Streets 1/8" County Highways 1/8" State Highways 1/8" Sidewalks 1/8" Parking Areas 1/4" ****END OF SECTION**** City of Albertville - RI3.100766 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved BITUMINOUS PATCH PAGE 02741-3 ' SECTION 02770 - CONCRETE CURBING AND DRIVEWAY PAVEMENT ' PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the construction of concrete curbing and driveway paving as indicated on the drawings or as specified herein. ' 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: B. Measurement and payment for concrete curbing and driveway pavement shall comply with Specification ' 2531.4 and 2531.5. 1. Special curb and gutter sections shall be measured and paid for as a part of the design style of curb and gutter shown on the plans. ' C. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated concrete curb and gutter, and concrete driveway items. Such items of work include but are not limited to: 1. Subcutting and shaping the existing aggregate base. 2. Aggregate base placed under concrete curbing and pavements. ' 3. Addition of aggregate base for shaping. 4. Cold weather concrete protection methods and materials required. 5. High early strength concrete. 6. Provide adequate barricades and personnel to protect fresh concrete from pedestrian traffic and graffiti. ' 7. Provide temporary walk ways spanning fresh concrete where required to maintain access into building entrances. ' 8. Casting and curing concrete compressive test cylinders and the performance of compressive strength tests as specified. D. Slump and air entrainment testing. ' 1.3 SPECIFICATION REFERENCES ' A. Mn/DOT Specification Section 2531 shall apply to the construction of concrete curbing and driveway except as modified herein. placement, B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. ' C. Mn/DOT Standard Plates. ' City of Albertville - R13.100766 CONCRETE CURBING AND DRIVEWAY PAVEMENT 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 02770-1 1.4 SUBMITTALS A. The mix proportions shall be determined by an independent certified testing laboratory secured by the Contractor. A current mix design may be submitted and accepted, provided the aggregate source is the e same as that being used for this project. Two copies of the certified mix design shall be submitted to the Engineer for review prior to the construction of the project. PART 2 -- PRODUCTS 2.1 MATERIAL A. The concrete mix to be used shall conform to Mn/DOT Mix No. 3A32 for manually placed concrete or Mix No. 3A22 for machine placed concrete. ' B. 50% of the coarse aggregate shall be Class A material as specified in Mn/DOT Specification 3137. PART 3 -- EXECUTION ' 3.1 CONSTRUCTION REQUIREMENTS A. The use of dimensional lumber as forms is permitted if the dimension of the lumber is within '/z" of the specified dimension of the finished concrete. B. Excavate to the elevation shown on the design detail plate. Salvage material suitable for backfill. ' C. The width of all driveways shall be established in the field by the project Engineer or Owner. D. The joints in the driveway pavement shall match with the sidewalk and curb control joints. The ' Contractor shall be fully responsible for proper jointing patterns. Mismatched jointing will require removal and replacement of components in order to achieve the desired results. All removal and replacement of rejected construction shall be at the Contractor's expense. i 1 E. The tooling tolerances as outlined in specification 2531 for surface uniformity, alignment and jointing shall be reviewed by the Contractor prior to the construction. Defects found during examinations will require the Contractor to remove and replace those areas. No deduction in unit price will be acceptable to satisfy defective areas found. F. Backfill along exposed edges of slabs and/or behind the curb with selected salvage material from the excavation to the elevation shown on the design detail plate. G. The Contractor shall imprint the concrete curb at the locations of the utility service locations in accordance with City standards. H. When the pavement is placed directly on natural subgrade, earth check dams shall be constructed immediately after passage of the slip forms or removal of the forms to prevent water from flowing along the edge of the pavement and undermining the concrete. They shall not be spaced or be of a width to provide an approach over which a vehicle may be driven onto the pavement. 1. High early strength concrete shall be used for all driveway pavement. No warranty is expressed or implied that all concrete work will be accessible for machine construction. 3.2 FIELD QUALITY CONTROL A. Testing City of Albertville - R13.100766 CONCRETE CURBING AND DRIVEWAY PAVEMENT 6/15/2009 0 Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 02770-2 1. The Owner may conduct various material tests throughout the construction to determine ' conformance with these specifications, including but not limited to: (a) Air and slump cone tests. ' (b) Beam and cylinder testing. 2. The Contractor's shall cooperate with the individuals conducting the testing operations. ' B. Warranty Period 1. During the warranty period indicated in the Supplementary Conditions, necessary repairs shall include but not be limited to defects in concrete and workmanship such as cracking, pop -outs, 1 spalling, improper joint placement and settlement. ****END OF SECTION**** J 7 H D L City of Albertville - R13.100766 CONCRETE CURBING AND DRIVEWAY PAVEMENT 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 02770-3 "I I L SECTION 02775 - WALKS — CONCRETE PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the construction of concrete walks as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: B. Measurement and payment for concrete walks shall comply with Mn/DOT Specification 2521.4 and 2521.5. 1. Payment for constructing pedestrian ramps shall be measured and paid per EACH at the unit price bid in the Schedule of Unit Prices, complete and in place. 2. Special walk sections shall be measured and paid for as a part of the design style of walk as shown on the plans. C. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated walks - concrete items. Such items of work include but are not limited to: 1. Subcutting the excavation to the required depth, furnishing, placing and compacting suitable material to sub -grade, backfilling with topsoil and related work. 2. Cold weather concrete protection methods and materials required. 3. Provide adequate barricades and personnel to protect fresh concrete from pedestrian traffic and graffiti. 4. Provide temporary walk ways spanning fresh concrete where required to maintain access into building entrances. 5. Casting and curing concrete compressive test cylinders and the performance of compressive strength test as specified. 6. Slump and air entrainment testing. 7. Use of high early strength concrete. D. Placing of 3-inches of aggregate base, Class 5 (100% crushed limestone) under concrete walks. 1.3 SPECIFICATIONS REFERENCES A. Mn/DOT Specification Section 2521 shall apply to the construction of concrete walks, except as modified herein. B. Mn/DOT Technical Memorandum No. 03-19-TS-02 shall apply to the construction of pedestrian curb ramps. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. City of Albertville - R13.100766 WALKS — CONCRETE 6/15/2009 0 Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 02775-1 H CI 11 D. Mn/DOT Standard Plates, including modifications from the Technical Memorandum listed above. 1.4 SUBMITTALS A. Two copies of the certified mix design shall be submitted to the engineer for review prior to the construction of the project. The mix proportions shall be determined by an independent certified testing laboratory secured by the Contractor. A current Mn/DOT Design Mix may be accepted provided the aggregate sources are the same as that being used for this project. PART 2 -- PRODUCTS 2.1 MATERIALS A. CONCRETE 1. The concrete mix to be used shall conform to Mn/DOT Mix No. 3A32 for manually placed concrete or Mix No. 3A22 for machine placed concrete. 2. Fifty percent (50%) of the coarse aggregate shall be Class A material as specified in Mn/DOT Specification 3137. B. The foundation materials shall be Class 5, Aggregate Base. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. The use of dimensional lumber as forms is permitted if the dimension of the lumber is within ''/z" of the specified dimension of the finished concrete. B. Excavate the walk alignment to 3-inches below finished walk sub -grade or the bottom of the topsoil layer, whichever is deeper. If excavation beyond the 3 inch layer is required, the Contractor shall fill the excess excavation with suitable compacted material. Salvage all topsoil for re -use. C. A minimum depth of 3-inches of Class 5 aggregate base shall be furnished, placed and compacted by the "Quality Compaction Method" upon the prepared subgrade. D. Backfill along the walk with salvaged topsoil, to an elevation so the sod will match the walk surface and adjacent undisturbed lawn. E. When the pavement is placed directly on natural subgrade, earth check dams shall be constructed immediately after passage of the slip forms or removal of the forms to prevent water from flowing along the edge of the pavement and undermining the concrete. They shall not be constructed to provide an approach over which a vehicle may be driven onto the pavement. 3.2 FIELD QUALITY CONTROL A. Testing l . The Owner may conduct various material tests throughout the construction to determine conformance with these specifications, including but not limited to: (a) Air and slump cone tests. (b) Beam and cylinder testing. 2. The Contractor's shall cooperate with the individuals conducting the testing operations. City of Albertville - R13.100766 WALKS — CONCRETE 6/15/2009 0 Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 02775-2 B. Warranty Period 1. During the warranty period indicated in the Supplementary Conditions, necessary repairs shall include but not be limited to defects in concrete and workmanship such as cracking, pop -outs, spalling, improper joint placement and settlement. ****END OF SECTION**** City of Albertville - R13.100766 WALKS — CONCRETE 6/15/2009 © Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 02775-3 h � ' Z V) O X g w w J U 0 Q o a U Li 00 Y J Q w N W Ln N d J Y w m(nn J QN o Qz ZO n;� z Er w 2 u0 0 ~ m U nZ �~ �� 0 W z w U j Z O U Q O Z 'O V / D L.L1 Z 0 ZO Zo 0 Q Q JLLJ Jco� W LLJ F-- �g Lli C) m > Z _1FO Q C)f U w LL-m 0 J o Q o N U Q) L, a w A 3 W�, wU) �� Q1 a ¢ J Z C_ ' W r = Z U O Z C_ Z 3 N C U w Z J J z am ® Y m a i A 0 ' N LWi v' d E t5/MI t O � L O IV) l yy 3 J g3J« O o U c> �e >N * U O C C b \\ j r- f' a L Q /