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07L Pine Hill Water Tower Rehabilitation
Project Manual Water Storage TankRehabilitation – Pine Hill 0.5MG Spheroid City of Cottage Grove, Minnesota SEH No. COTTG 165472 March18, 2022 This Page Left Blank Intentionally Water Storage Tank Rehabilitation – Pine Hill 0.5 MG Spheroid City of Cottage Grove, Minnesota SEH No. COTTG 165472 March 18, 2022 Title Page COTTG 165472 00 01 01 - 1 This Page Left Blank Intentionally DOCUMENT 00 01 05 CERTIFICATION I hereby certify that this specification was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jana Nyhagen, PE (IA, IN, MN, ND, SD, WI) Date: March 18, 2022 Lic. No. 51458 Certification COTTG 165472 00 01 05 - 1 This Page Left Blank Intentionally DOCUMENT 00 01 08 PROJECT DIRECTORY Water Storage Tank Rehabilitation – Project Name: Pine Hill 0.5 MG Spheroid Location: Cottage Grove, Minnesota Owner Name: City of Cottage Grove Address:8635 West Point Douglas Road Cottage Grove, MN 55016 Contact: Rick Alt Superintendent - Utilities Phone:651.458.2842 Fax: E-mail: ralt@cottagegrovemn.gov Engineer Name: Short Elliott Hendrickson Inc. Address: 326 S Main St Suite 100 Rice Lake, WI 54868 Contact: Jana Nyhagen, PE Phone:715.861.4869 Fax: E-mail: jnyhagen@sehinc.com Project Manager Name: Short Elliott Hendrickson Inc. Address: 326 S Main St Suite 100 Rice Lake, WI 54868 Contact: Jana Nyhagen, PE Phone:715.781.4567 Fax: E-mail: jnyhagen@sehinc.com END OF DOCUMENT Project Directory COTTG 165472 00 01 08 - 1 This Page Left Blank Intentionally DOCUMENT 00 01 10 TABLE OF CONTENTS Number Document Introductory Information 00 01 01 Title Page 00 01 05 Certification 00 01 08 Project Directory 00 01 10 Table of Contents Bidding Requirements 00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 41 00 Bid Form 00 43 36 List of Proposed Subcontractors 00 43 37 List of Proposed Suppliers 00 44 14 Project References 00 45 17 Bidders Proof of Responsibility 00 45 19 Affidavit of Non-Collusion 00 45 45 Certification of Compliance with Minnesota Statutes 16C285 00 45 47 Certification of Compliance with Minnesota Statures 363A.36 Contract Forms 00 52 00 Form of Agreement 00 55 00 Notice to Proceed 00 61 13 Performance Bond 00 61 14 Payment Bond Conditions of the Contract 00 72 00 Standard General Conditions 00 73 00 Supplementary Conditions DIVISION 1 - GENERAL REQUIREMENTS Summary 01 11 00 Summary of Work Price and Payment Procedures 01 23 00 Alternates 01 25 13 Product Substitution Procedures 01 29 10 Applications for Payment Administrative Requirements 01 31 13 Coordination 01 33 00 Submittal Procedures 01 35 60 Coordination of Work with Existing Antenna Systems Temporary Facilities and Controls 01 51 36 Temporary Water 01 52 19 Temporary Sanitary Facilities Execution and Closeout Requirements 01 73 29 Cutting and Patching 01 77 00 Closeout Procedures Table of Contents COTTG 165472 00 01 10 - 1 DIVISION 2 - EXISTING CONDITIONS Facility Remediation 02 87 00 Handling of Waste Generated from Coating Removal DIVISION 9 - FINISHES Painting and Coating 09 97 13 Coating Systems for Water Storage Tanks DIVISION 32 - EXTERIOR IMPROVEMENTS Site Improvements 32 31 10 Temporary Fencing DIVISION 33 - UTILITIES Common Work Results for Utilities 33 05 50 Surface Facility Restoration Water Utilities 33 16 30 Disinfection of Water Storage Facilities 33 16 40 Repair and Modifications to Steel Water Storage Tanks APPENDIX Appendix A SEH Pine Hill Water Tower Evaluation Dated December 11, 2018 Appendix B Additional Site Photos Appendix C Annual Warranty Inspection Format DRAWINGS G1 Project Location L1 Logo Layout L2 Logo Orientation P1 Plan and Section P2 Plan Details Table of Contents 00 01 10 - 2 COTTG 165472 DOCUMENT 00 11 13 ADVERTISEMENT FOR BIDS Pine Hill 0.5 MG Spheroid Water Tower Rehabilitation Cottage Grove, Minnesota SEH No. COTTG 165472 Notice is hereby given that bids will be received electronically by the City of Cottage Grove, MN until 10:00 a.m., April 14, 2022, at the QuestCDN bidding site, at which time they will be publicly opened and read aloud for the furnishing of all labor and material for the Pine Hill 0.5 MG Spheroid Water Tower Rehabilitation. Major components of the Work include: Roof vent replacement and necessary modifications Sealing of unused roof penetrations Miscellaneous structural modifications Cleaning of the overflow Overflow outlet modifications and screen replacement Replacement of manway gaskets and hardware Aviation light replacement Interior wet and dry ladder safety climb installation/replacement Interior and exterior surface preparation Interior and exterior tank coatings The bid opening will be conducted via Microsoft Teams, at which time they will be publicly opened and read aloud: Pine Hill 0.5 MG Spheroid Water Tower Rehabilitation Bid Opening Thursday, April 14, 2022 10:00 a.m. - 10:30 a.m. (CDT) Please join my meeting from your computer, tablet or smartphone: https://bit.ly/34h4M7y Or call in (audio only) +1 872-242-7640,,135066317# United States, Chicago Phone Conference ID: 135 066 317# Any person monitoring the meeting remotely may be responsible for any documented costs. Message and data rates may apply. by selecting the Project Bid The Bidding Documents may be viewed for no cost at http://www.sehinc.com Information link at the bottom of the page and the View Plans option from the menu at the top of the selected project page. Digital image copies of the Bidding Documents are available at http://www.sehinc.comfor a fee of $30. These documents may be downloaded by selecting this project from the “Project Bid Information” link and by entering TM eBidDoc Number 8147962 on the SEARCH PROJECTS page. For assistance and free membership registration, contact QuestCDN at 952.233.1632 or info@questcdn.com. In addition to digital plans, paper copies of the Bidding Documents may be obtained from Docunet Corp. located at 2435 Xenium Lane North, Plymouth, MN 55441 (763.475.9600) for a fee of $100. No pre-Bid conference will be held at this time. Bid security in the amount of 5 percent of the Bid must accompany each Bid in accordance with the Instructions to Bidders. Advertisement for Bids COTTG 165472 00 11 13 - 1 Bidders Proof of Responsibility must be submitted to SEH in accordance with the Instructions to Bidders. All bids must be made online at the QuestCDN bidding site. Direct inquiries in writing to Engineer’s Project Manager, Jana Nyhagen, at jnyhagen@sehinc.com. The City of Cottage Grove reserves the right to reject any and all Bids, to waive irregularities and informalities therein and to award the Contract in the best interests of The City of Cottage Grove. Rick Alt Superintendent - Utilities City of Cottage Grove, Minnesota Advertisement for Bids 00 11 13 - 2 COTTG 165472 DOCUMENT 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 – DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. B. Bidder or Responsible Bidder – Terms used in these Bidding Documents that mean a ‘responsible contractor’ meeting the minimum criteria as defined in Minnesota Statutes, section 16C.285, subdivision 3. ARTICLE 2 – COPIES OF BIDDING DOCUMENTS 2.01 Authorized sets of the Bidding Documents may be obtained digitally or by paper copy as directed in the Advertisement for Bids. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete or unauthorized sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 – QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid (a) Bidder’s Proof of Responsibility, and (b) such other data as may be deemed necessary by the Owner. 3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. 3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications. ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: (a) those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. Instructions to Bidders COTTG 165472 00 21 13 - 1 (b) those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). (c) reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. (d) Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities 1. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C. Adequacy of Data: 1. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 4.03 Site Visit and Testing by Bidders A. On request, and to the extent Owner has control over the Site, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. B. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. C. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavations and utility locates. 4.04 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Instructions to Bidders 00 21 13 - 2 COTTG 165472 Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 – BIDDER’S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding documents, including Addenda; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy itself as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. consider the information known to Bidder; information commonly known to Contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs; F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 6 – PRE-BID CONFERENCE 6.01 A pre-Bid conference will not be held at this time. ARTICLE 7 – INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Instructions to Bidders COTTG 165472 00 21 13 - 3 Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8 – BID SECURITY 8.01 A bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9 – CONTRACT TIMES 9.01 The number of days within which, or the dates by which milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 – LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS 11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk. ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. Instructions to Bidders 00 21 13 - 4 COTTG 165472 12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection. 12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work: Coatings. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13 – PREPARATION OF BID 13.01 The Bid Form - Document 00 41 00 and attachments are included in the Bidding Documents. Photocopies of these documents should be made for the purpose of submitting the Bid. A. All blanks shall be completed by printing in ink or by typewriter and the Bid signed in ink. 13.02 A Bid price shall be indicated for each section, Bid Item and unit price item listed on the QuestCDN Online Bid Worksheet. The Bid Worksheet is a part of and appurtenant to the Bid Form and Bid. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder’s name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be typed or printed in ink below the signatures and uploaded. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda. 13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to Instructions to Bidders COTTG 165472 00 21 13 - 5 award of the Contract and attach covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 – BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor’s overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02 B of the General Conditions. ARTICLE 15 – SUBMITTAL OF BID 15.01 The Bid shall be submitted electronically. A. The Bid Form - Document 00 41 00 is to be completed and submitted with all the attachments as required to be submitted under the terms of Article 2 of the Bid Form. B. The Bid Worksheet is to be completed and submitted under the terms of Article 3 of the Bid Form. 15.02 The Bid shall be submitted no later than the date and time prescribed as indicated in the Advertisement for Bids, unless altered in an issued addendum. A. The official time and date is the time and date displayed in QuestCDN Online. 15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner will not be accepted nor opened. 15.04 The submitted Bid Bond shall be a copy of original signatures and the seal of the Surety. Request of actual copy upon award may be requested. ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. Instructions to Bidders 00 21 13 - 6 COTTG 165472 ARTICLE 17 – OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base bids and major alternates, if any, will be made available to Bidders after the opening of bids. The abstract can be found by following the “Project Bid Information” link of www.sehinc.com then following the “Project Results” link on the top of the second page. ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 – AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, non- responsive, unbalanced, or conditional bids. Owner will reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 If Owner awards the Contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. Owner may also reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Bidding Documents. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. ARTICLE 20 – BONDS AND INSURANCE 20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. Instructions to Bidders COTTG 165472 00 21 13 - 7 ARTICLE 21 – SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within 10 days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. END OF DOCUMENT Instructions to Bidders 00 21 13 - 8 COTTG 165472 In addition to the Bid Worksheet electronically completed and submitted online, this BID FORM - DOCUMENT 00 41 00 and the attachments provided must be completed and uploaded to QuestCDN Online prior to the Bid opening time and date. DOCUMENT 00 41 00 BID FORM Total Amount of Bid $____________________________ Start Date Contractor’s Name Telephone PROJECT IDENTIFICATION: Water Storage Tank Rehabilitation – Pine Hill 0.5 MG Spheroid Cottage Grove, Minnesota SEH No. COTTG 165472 BIDS TO BE OPENED: Thursday, April 14, 2022 @ 10:00 a.m. TABLE OF ARTICLES Page Article 1 – Bid Recipient ............................................................................................................................................. 1 Article 2 – Attachments to this Bid .............................................................................................................................. 1 Article 3 – Basis of Bid ................................................................................................................................................ 2 Article 4 – Time of Completion ................................................................................................................................... 4 Article 5 – Bidder’s Acknowledgements: acceptance period, instructions, and receipt of addenda .......................... 4 Article 6 – Bidder’s Representation and certifications ................................................................................................ 4 Article 7 – Defined Terms ........................................................................................................................................... 6 Article 8 – Bid Submittal ............................................................................................................................................. 6 ARTICLE 1 – BID RECIPIENT 1.01 This Bid is submitted to QuestCDNOnline. 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 – ATTACHMENTS TO THIS BID 2.01 The following documents are attached to and made a condition of this Bid and shall be uploaded via Online: QuestCDN A. Required Bid security B. 00 43 36 List of Proposed Subcontractors. C. 00 43 37 List of Proposed Suppliers. D. 00 44 14 List of Project References. E. 00 45 17 Bidder’s Proof of Responsibility Bid Form COTTG 165472 00 41 00 - 1 F. 00 45 19 Affidavit of Non-Collusion. G. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids. H. 00 45 45 Verification of Compliance with Minnesota Statute 16C.285. I. 00 45 47 Certification of Compliance with Minnesota Statutes. ARTICLE 3 – BASIS OF BID 3.01 Bidder will complete the Work in accordance with the Contract Documents for the prices as indicated on Online Bid Worksheet. The Bid Worksheet is a part of and appurtenant to the Bid Form the QuestCDN and Bid. UNIT PRICE BID (For Reference Only) Item No.Description Unit Est. Qty. General 1 Mobilization LS 1 2 Waste Disposal LS 1 3 Disinfection LS 1 4 Site Restoration LS 1 5 5-Year Warranty LS 1 6 Temporary Site Fencing LS 1 Exterior Structural Remove the existing steel roof vent and replace it with a new 7 LS 1 aluminum AWWA frost-free design Seal weld any holes/gaps around roof vent at the connection to 8 LS 1 the tank roof Remove and dispose of existing aviation light; install new Owner 9 LS 1 furnished aviation light 10 Seal weld unused penetrations and holes LS 1 11 Remove old containment tabs LS 1 12 Make structural modifications to access tube and hatch LS 1 Clean out existing overflow pipe, make structural modifications 13 to outlet and replace screen with corrosion-resistant No. 24 LS 1 mesh screen Bid Form 00 41 00 - 2 COTTG 165472 Item No.Description Unit Est. Qty. Replace manway bolts and gaskets, reinstall existing locks for 14 LS 1 all hatches Remove loose, cracked and spalled grout under the base plate. 15 LS 1 Repair using non-shrink 3000 psi grout or elastomeric sealant. Interior Structural 16 Caulking LS 1 Remove by air arc gouging, cutting torch or grinding all surface 17 LS 1 imperfections including erection scab marks 18 Replace Interior Wet and Dry Fall Arrest ladder systems LS 1 19 Modify existing tank drain and install new 4” drain valve LS 1 20 Replace hardware with new and stainless steel hardware LS 1 Replace missing/broken light bulbs with Owner furnished LED 21 LS 1 bulbs Seal weld holes/gaps around the riser pipe at the connection to 22 LS 1 the tank bottom 23 Replace missing and/or damaged riser pipe insulation LS 1 24 Remove cathodic protection equipment LS 1 Coatings 25 Dehumidification LS 1 26 Containment system LS 1 27 Interior Wet - Complete Coating Removal & Replacement LS 1 Interior Dry – Complete Coating Removal & Replacement and 28 LS 1 Maintenance 29 Exterior – Complete Coating Removal & Replacement LS 1 30 Exterior Coating - Logo LS 1 Bid Form COTTG 165472 00 41 00 - 3 Item No.Description Unit Est. Qty. Alternate A Alternate A – Total 10 Year Warranty (Add Additional 5 Years to 33 LS 1 Base Bid 5-Year Warranty) Unit Prices have been computed in accordance with Paragraph 13.03 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 4 – TIME OF COMPLETION 4.01 Bidder agrees that the Work will be substantially complete and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions and on or before the dates or within the number of calendar days indicated in Article 4 of the Standard Form of Agreement (Section 00 52 00). 4.02 Bidder accepts the provisions of the Agreement as to liquidated damages. 4.03 Proposed 12-week construction period (ref. 00 52 00 4.02 C.): ARTICLE 5 – BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 5.01 Bid Acceptance Period A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the day of Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 5.02 Instructions to Bidder A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. 5.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the Addenda via QuestCDN Online. ARTICLE 6 – BIDDER’S REPRESENTATION AND CERTIFICATIONS 6.01 Bidders Representations A. In submitting this Bid, Bidder represents that: 1. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents. 2. Bidder has visited the site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress and performance of the Work. 4. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or Bid Form 00 41 00 - 4 COTTG 165472 subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. 5. Bidder has carefully studied reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, and (3) Bidder’s safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 6.02 Bidder certifies that: A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; 3. Bidder has not solicited or induced any individual or entity to refrain from bidding; and 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 6.02.A: a. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; b. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non- competitive levels, or (c) to deprive Owner of the benefits of free and open competition; c. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and Bid Form COTTG 165472 00 41 00 - 5 d. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. ARTICLE 7 – DEFINED TERMS 7.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 8 – BID SUBMITTAL 8.01 This Bid submitted by: If Bidder is: Bid Form 00 41 00 - 6 COTTG 165472 An Individual Name (typed or printed): By: (SEAL) (Individual’s signature) Doing business as: A Partnership Partnership Name: (SEAL) By: (Signature of general partner -attach evidence of authority to sign) Name (typed or printed): A Joint Venture Name of Joint Venturer: First Joint Venturer Name: (SEAL) By: (Signature of first joint venture partner - attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venturer Name: (SEAL) By: (Signature - attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Bid Form COTTG 165472 00 41 00 - 7 A Corporation Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature - attach evidence of authority to sign) Name (typed or printed): Title: (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Date of Qualification to do business in is ____/____/____. (State Where Project is Located) Contact Information Bidder’s Business Address: Phone: _________________ Facsimile: ________________ E-mail: __________________________ Submitted on ______________________________, 20_____. State Contractor License No. ________________. (If applicable) Bid Form 00 41 00 - 8 COTTG 165472 DOCUMENT 00 43 36 LIST OF PROPOSED SUBCONTRACTORS Company Telephone No. Name of Contact Address Type of Construction Company Telephone No. Name of Contact Address Type of Construction Company Telephone No. Name of Contact Address Type of Construction Company Telephone No. Name of Contact Address Type of Construction Company Telephone No. Name of Contact Address Type of Construction Company Telephone No. Name of Contact Address Type of Construction List of Proposed Subcontractors COTTG 165472 00 43 36 - 1 This Page Left Blank Intentionally DOCUMENT 00 43 37 LIST OF PROPOSED SUPPLIERS Company Telephone No. Name of Contact Address Material/Equipment to be Supplied Company Telephone No. Name of Contact Address Material/Equipment to be Supplied Company Telephone No. Name of Contact Address Material/Equipment to be Supplied Company Telephone No. Name of Contact Address Material/Equipment to be Supplied Company Telephone No. Name of Contact Address Material/Equipment to be Supplied Company Telephone No. Name of Contact Address Material/Equipment to be Supplied List of Proposed Suppliers COTTG 165472 00 43 37 - 1 This Page Left Blank Intentionally DOCUMENT 00 44 14 PROJECT REFERENCES Below is a listing of the 5 most recent projects of a similar nature to this project which we have completed. 1. Contracting Agency ______________________________________________________________________ Description of Work ______________________________________________________________________ Agency Representative ___________________________________________________________________ Title _____________________ Phone ___________________ Date of Contract ___________________ 2. Contracting Agency ______________________________________________________________________ Description of Work ______________________________________________________________________ Agency Representative ___________________________________________________________________ Title _____________________ Phone ___________________ Date of Contract ___________________ 3. Contracting Agency ______________________________________________________________________ Description of Work ______________________________________________________________________ Agency Representative ___________________________________________________________________ Title _____________________ Phone ___________________ Date of Contract ___________________ 4. Contracting Agency ______________________________________________________________________ Description of Work ______________________________________________________________________ Agency Representative ___________________________________________________________________ Title _____________________ Phone ___________________ Date of Contract ___________________ 5. Contracting Agency ______________________________________________________________________ Description of Work ______________________________________________________________________ Agency Representative ___________________________________________________________________ Title _____________________ Phone ___________________ Date of Contract ___________________ Name of Bidder By Project References COTTG 165472 00 44 14 - 1 This Page Left Blank Intentionally DOCUMENT 00 45 17 BIDDERS PROOF OF RESPONSIBILITY This Bidders Proof of Responsibility must be submitted in accordance with Article 3.01 of the Instructions to Bidders. On all contracts, bidder must submit a full and complete statement sworn to before any officer authorized to administer oaths of financial ability, equipment, experience in the work prescribed, and such other matters as the municipality may require for the protection and welfare of the public. The objective of the questionnaire is not to discourage bidding or make it difficult for qualified bidders to file bids. Neither is it intended to discourage beginning contractors. It is intended to make it possible for the Owner to have exact information on financial ability, equipment and experience involved in awarding contracts to parties unfamiliar to the Owner. Owner reserves the right to require additional information before awarding the contract in order to determine qualification for the work. This questionnaire is to be submitted to the following: the outside clearly marked “BIDDERS PROOF OF RESPONSIBILITY”: Attn: Jana Nyhagen Short Elliott Hendrickson Inc. 326 S Main St Suite 100 Rice Lake, WI 54868 715.861.4869 It is recommended that this questionnaire be returned by Registered Mail. If the Owner is not satisfied with the sufficiency of the answers to the questionnaire a financial statement may be required, or they may reject the bid or require additional information. STATEMENT OF BIDDER’S QUALIFICATIONS 1. Name of Bidder: 2. Bidder’s Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business under the present firm name: 6. Contracts on hand (attach a list of present contracts, including a schedule as to estimate completion date and gross amount of each contract). 7. General character of work performed by your firm. 8. Have you ever failed to complete any work awarded to you: Yes_____ No_____. If so, attach a statement detailing where and why. 9. Have you ever defaulted on a contract: Yes_____ No_____. If so, attach a statement detailing where and why. 10. Attach list of the more important contracts completed by your firm, including kind of work and approximate cost. Bidders Proof of Responsibility COTTG 165472 00 45 17 - 1 11. Attach list of your major equipment. 12. Attach a statement of your experience in the construction of work similar in scope to this project. 13. Attach statement of background and experience of the principal members of your personnel, including the officers. 14. Credit availability: Furnish written evidence, preferably from banks. 15. Additional information may also be submitted if desired. Bidders Proof of Responsibility 00 45 17 - 2 COTTG 165472 DOCUMENT 00 45 19 AFFIDAVIT OF NON-COLLUSION STATE OF ___________________________________ COUNTY OF _________________________________ I Hereby swear (or affirm) under the penalty of perjury: 1) That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a partnership) or an officer or employee of the bidder corporation having authority to sign on its behalf (if the bidder is a corporation); 2) That the attached bid or bids have been arrived at by the bidder individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; 3) That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person, prior to any official opening of the bid or bids; and 4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and sworn to before me this Bidder’s Signature ______ day of _____________________, 20 Notary Title (Seal) Company Affidavit of Non-Collusion COTTG 165472 00 45 19 - 1 This Page Left Blank Intentionally DOCUMENT 00 45 45 VERIFICATION OF COMPLIANCE WITH MN STATUTES 16C.285 State of Minnesota – Responsible Contractor Requirement (for responses in excess of $50,000 only) Minnesota Statute 16C.285, subdivision 7, IMPLEMENTATION.… any prime contractor or subcontractor or motor carrier that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project… It is your sole responsibility to provide this information at the due date and time of the bid. Minnesota Statute 16C.285, subdivision 3, RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. “Responsible Contractor” means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: Your response will be rejected unless: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is in compliance with Department of Revenue and Department of Employment and Economic Development registration requirements if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; (iv) has filed a certificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative; Your response will be rejected unless: (2) The Contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period, provided that a failure to pay is “repeated” only if it involves two or more separate and distinct occurrences of underpayment during a three year period; (ii) has been issued an order to comply by the commissioner of labor and industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of labor and industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties; * Verification of Compliance COTTG 165472 00 45 45 - 1 (3) the Contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order; * (4)the Contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office; * (5) the Contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification; * * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) the Contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and (7) Check if all subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION A Prime Contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Minn. Stat. 16C.285, Subd. 5a. MOTOR CARRIER VERIFICATION A prime contractor or subcontractor shall obtain annually from all motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each motor carrier. A prime contractor or subcontractor shall require each such motor carrier to provide it with immediate written notification in the event that the motor carrier no longer meets one or more of the minimum criteria in subdivision 3 after submitting its annual verification. A motor carrier shall be ineligible to perform work on a project covered by this section if it does not meet all the minimum criteria in subdivision 3. Upon request, a prime contractor or subcontractor shall submit to the contracting authority the signed verifications of compliance from all motor carriers providing for-hire transportation of materials, equipment, or supplies for a project. Verification of Compliance 00 45 45 - 2 COTTG 165472 Minn. Stat. 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by and owner of officer verifying compliance with each of the minimum criteria in subdivision 3, with the exception of clause (7), at the time that it responds to the solicitation documents. A contracting authority may accept a signed statement under oath as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. A prime contractor, subcontractor, or motor carrier that fails to verify compliance with any one of the required minimum criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. A verification of compliance need not be notarized. An electronic verification of compliance made and submitted as part of an electronic bid shall be an acceptable verification of compliance under this section provided that it contains an electronic signature as defined in section 325L.02, paragraph (h). Minn. Stat. 16C.285, Subd. 6. ADDITIONAL CRITERIA Nothing in this sectionshall restrict the discretion of a contracting authority to establish additional factorsfor defining contractor responsibility. This subdivision is not an independent grant of authority to a contracting authority to establish additional minimum criteria pursuant to subdivision 3. CERTIFICATION By signing this document, I certify that I am authorized to sign on behalf of the company, and I swear under oath that: 1) My company meets each of the minimum criteria to be a responsible contractor as defined in Minn. Stat. 16C.285, 2) I have included a list of my first-tier subcontractors with my company’s solicitation response, 3) If my company is awarded a contract, I will submit a list of additional subcontractors as required. Name of Company: Authorized Signature: Printed Name: Title: Date: Telephone number: Before me on this _______ day of ____________________, 20_____, personally appeared _______________ ___________________________________ known to be, who being duly sworn did depose and say that they are the ______________________________ (office) of the Contractor above mentioned that they executed the above Verification of Compliance and Affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. Attest: Notary Signature: Printed Name: My Commission expires: ____________________, 20_____ Date: Telephone number: Verification of Compliance COTTG 165472 00 45 45 - 3 LIST OF FIRST TIER SUBCONTRACTORS Company Telephone No. Name of Contact Address Type of Construction Company Telephone No. Name of Contact Address Type of Construction Company Telephone No. Name of Contact Address Type of Construction Company Telephone No. Name of Contact Address Type of Construction Company Telephone No. Name of Contact Address Type of Construction Company Telephone No. Name of Contact Address Type of Construction Verification of Compliance 00 45 45 - 4 COTTG 165472 DOCUMENT 00 45 47 CERTIFICATION OF COMPLIANCE WITH MN STATUTES 363A.36 State of Minnesota - Affirmative Action Data (for responses in excess of $100,000 only) If your response to this solicitation is in excess of $100,000, please complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification requirement, and to provide documentation of compliance if necessary. It is your sole responsibility to provide this information and--if required to apply for Human Rights certification prior to the due date and time of the bid or proposal and to obtain Human Rights certification prior to the execution of the contract. How to determine which boxes to complete on this form: Then you must complete these boxes… BOX ABOX BBOX CBOX D On any single working day within the past 12 months, if your company… Employed more than 40 full-time employees in Minnesota X X Did not employ more than 40 full-time employees in Minnesota, but did employ more than 40 X X full-time employees in the state where you have your primary place of business Did not employ more than 40 full-time employees in Minnesota or in the state where you have X X your primary place of business. BOX A –For companies which have employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months. Your response will be rejected unless your business: Has a current Certification of Compliance issued by the Minnesota Department of Human Rights (MDHR) –or– has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses are due. Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any single working day during the previous 12 months: We do have a current Certificate of Compliance issued by the MDHR. Proceed to BOX D. Include a copy of your certificate with your response. We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the MDHR for approval, which the Department received on _________________________ (date) at ___________ (time). \[If you do not know when the Department received your Plan, contact the Department.\] We acknowledge that the plan must be approved by the MDHR before any contact or agreement can be executed. Proceed to BOX D. We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge that our response will be rejected. Proceed to BOX D. Call the Minnesota Department of Human Rights for assistance. Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights, Affirmative Action Plans approved by the Federal government, a county, or a municipality must still be reviewed and approved by the Minnesota Department of Human Rights before a certificate can be issued. Certification of Compliance COTTG 165472 00 45 47 - 1 BOX B –For companies which have not had more than 40 full-time employees within Minnesota but have employed more than 40 full-time employees on any single working day during the previous 12 months in the state where they have their primary place of business. You may achieve compliance with the Minnesota Human Rights Act by certifying that you are in compliance with applicable Federal Affirmative Action requirements. Check one of the following statements if you have not employed more than 40 full-time employees in Minnesota but you have employed more than 40 full-time employees on any single working day during the previous 12 months in the state where you have your primary place of business: We are not subject to Federal Affirmative Action requirements. Proceed to BOX D. We are subject to Federal Affirmative Action requirements, and we are in compliance with those requirements. Proceed to BOX D. BOX C –For those companies not described in BOX A or BOX B. Check below. You are not subject to the Minnesota Human Rights Act certification requirement. We have not employed more than 40 full-time employees on any single working day in Minnesota or in the state of our primary place of business within the previous 12 months. Proceed to BOX D. BOX D –For all companies. By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder. Name of Company: Authorized Signature: Printed Name: Title: Date: Telephone number: For further information regarding Minnesota Human Rights Act requirements, contact: Minnesota Department of Human Rights, Compliance Services Section th Street, Suite 700 Metro: 651.296.5663 Mail: 190 East 5 St. Paul, MN 55101 Toll Free: 800.657.3704 Fax: 651.296.9042 Website: www.humanrights.state.mn.us Email: employerinfo@therightsplace.netTTY: 651.296.1283 Affirmative Action Data Revised 2015 - MDHR Certification of Compliance 00 45 47 - 2 COTTG 165472 DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between the City of Cottage Grove, Minnesota (Owner) and (Contractor). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Water Storage Tank Rehabilitation – Pine Hill 0.5 MG Spheroid ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Water Storage Tank Rehabilitation – Pine Hill 0.5 MG Spheroid ARTICLE 3 – ENGINEER 3.01 The Project has been designed by Short Elliott Hendrickson Inc. (SEH). 3.02 The Owner has retained SEH (Engineer) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed within 84 calendar days (12 weeks) after the date when the Contract Times commence to run as provided in the Notice to Proceed, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 126 calendar days after the date when Contract Times commence to run. B. Early contract commencement date shall be May 23, 2022 and project shall commence no later than June 13, 2022. C. Contractor must identify the proposed continuous 84 calendar day (12-week) construction period as part of the submitted bid. D. Contract Times will commence to run up issue of the Notice to Proceed (Section 00 55 00) 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): Standard Form of Agreement COTTG 165472 00 52 00 - 1 1. Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,000 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor’s Bid attached hereto as Document 00 41 00. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. B. Only one payment will be made to the Contractor in any given month. 6.02 Progress Payments; Retainage A. Subject to the provisions of SC-15.01.C, Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications of Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Within 60 days after Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 99 percent of Work completed (with the balance being retainage) less 250 percent of the cost to correct or complete work known at the time of Substantial Completion. B. Within 60 days of Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed; less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions; and less 250 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be Standard Form of Agreement 00 52 00 - 2 COTTG 165472 completed or corrected prior to final payment. Upon completion or correction and acceptance of said Work, Owner shall pay the amounts withheld within 60 days as recommended by Engineer. 1. After Substantial Completion Owner shall also withhold one percent of the value of the Contract or $500, whichever is greater, pending completion and submission of all “final paperwork” by the Contractor as defined by Minnesota Statutes, section 15.72, subdivision 2.(e)(2). Owner shall pay said amount withheld after Substantial Completion within 60 days of submission of all final paperwork as recommended by Engineer. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. 6.04 Interest A. All amounts not paid when due shall bear interest at the rate required by law at the project location. ARTICLE 7 – CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: 1. Addenda (numbers 00 00 1 to 00 00 1 , inclusive). 2. This Agreement (pages 00 52 00-1 to 00 52 00-6, inclusive). 3. Performance Bond (Document 00 61 13). 4. Payment Bond (Document 00 61 14). 5. General Conditions (pages 00 72 00-1 to 00 72 00-70, inclusive). 6. Supplementary Conditions (pages 00 73 00-1 to 00 73 00-10, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings listed in the Appendix. 9. Exhibits to this Agreement (enumerated as follows). a. Contractor’s Bid (Document 00 41 00). b. Documentation submitted by Contractor prior to Notice of Award (pages ___ to ___, inclusive). c. Certificate of Insurance. 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Field Order(s). c. Work Change Directive(s). d. Change Order(s). B. The documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. Standard Form of Agreement COTTG 165472 00 52 00 - 3 D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 8 – REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. 2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. 5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs. 6. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 7. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 – MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. Standard Form of Agreement 00 52 00 - 4 COTTG 165472 9.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Standard Form of Agreement COTTG 165472 00 52 00 - 5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on ____________________________, _________ (which is the Effective Date of the Contract). OWNER: CONTRACTOR: City of Cottage Grove, Minnesota By: By: Title: Title: \[CORPORATE SEAL\] \[CORPORATE SEAL\] Attest: Attest: Title: Title: Address for Giving Notices: Address for Giving Notices: City of Cottage Grove 8635 West Point Douglas Road Cottage Grove, MN 55016 License No. (Where Applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Owner-Contractor Agreement). (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Name: Title: Title: Address: 8635 West Point Douglas Road Address Cottage Grove, MN 55016 Phone: Phone: Facsimile: Facsimile: Standard Form of Agreement 00 52 00 - 6 COTTG 165472 DOCUMENT 00 55 00 NOTICE TO PROCEED CITY OF COTTAGE GROVE, MINNESOTA WATER STORAGE REHABILITATION – PINE HILL 0.5 MG SPHEROID SEH NO. COTTG 165472 TO: Contractor ADDRESS: Address City, State Zip You are hereby notified to proceed with the Work on the project. The Contract Times, as described in Article 4 of the Agreement, will commence to run on __________________________________. Prior to starting any work on the site, the following must be completed: 1. _________________________________________________ 2. _________________________________________________ 3. _________________________________________________ GIVEN BY: ACCEPTED BY: Owner Contractor Signature Signature Title Title Date Date c: SEH END OF DOCUMENT Notice to Proceed COTTG 165472 00 55 00 - 1 This Page Left Blank Intentionally PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): City of Cottage Grove 8635 West Point Douglas Road Cottage Grove, MN 55016 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: (name and location): Pine Hill 0.5 MG Spheroid Water Storage Tank Rehabilitation – Cottage Grove, MN Description BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind Construction Contract, and pay to the Owner the amount of themselves, their heirs, executors, administrators, successors, and damages as described in Paragraph 7 in excess of the Balance of assigns to the Owner for the performance of the Construction the Contract Price incurred by the Owner as a result of the Contract, which is incorporated herein by reference. Contractor Default; or 2. If the Contractor performs the Construction Contract, the Surety 5.4 Waive its right to perform and complete, arrange for and the Contractor shall have no obligation under this Bond, except completion, or obtain a new contractor, and with reasonable when applicable to participate in a conference as provided in promptness under the circumstances: Paragraph 3. 5.4.1 After investigation, determine the amount for 3. If there is no Owner Default under the Construction Contract, which it may be liable to the Owner and, as soon as the Surety’s obligation under this Bond shall arise after: practicable after the amount is determined, make payment to the Owner; or 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor 5.4.2 Deny liability in whole or in part and notify the Default. Such notice shall indicate whether the Owner is Owner, citing the reasons for denial. requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner 6. If the Surety does not proceed as provided in Paragraph 5 with does not request a conference, the Surety may, within five (5) reasonable promptness, the Surety shall be deemed to be in default business days after receipt of the Owner’s notice, request such a on this Bond seven days after receipt of an additional written notice conference. If the Surety timely requests a conference, the from the Owner to the Surety demanding that the Surety perform its Owner shall attend. Unless the Owner agrees otherwise, any obligations under this Bond, and the Owner shall be entitled to conference requested under this Paragraph 3.1 shall be held enforce any remedy available to the Owner. If the Surety proceeds as within ten (10) business days of the Surety’s receipt of the provided in Paragraph 5.4, and the Owner refuses the payment or the Owner’s notice. If the Owner, the Contractor, and the Surety Surety has denied liability, in whole or in part, without further notice agree, the Contractor shall be allowed a reasonable time to the Owner shall be entitled to enforce any remedy available to the perform the Construction Contract, but such an agreement shall Owner. not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater 3.2 The Owner declares a Contractor Default, terminates than those of the Contractor under the Construction Contract, and the Construction Contract and notifies the Surety; and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to 3.3 The Owner has agreed to pay the Balance of the the commitment by the Owner to pay the Balance of the Contract Contract Price in accordance with the terms of the Construction Price, the Surety is obligated, without duplication for: Contract to the Surety or to a contractor selected to perform the Construction Contract. 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply 7.2 additional legal, design professional, and delay costs with a condition precedent to the Surety’s obligations, or release the resulting from the Contractor’s Default, and resulting from the Surety from its obligations, except to the extent the Surety actions or failure to act of the Surety under Paragraph 5; and demonstrates actual prejudice. 7.3 liquidated damages, or if no liquidated damages are 5. When the Owner has satisfied the conditions of Paragraph 3, the specified in the Construction Contract, actual damages caused by Surety shall promptly and at the Surety’s expense take one of the delayed performance or non-performance of the Contractor. following actions: 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the 5.1 Arrange for the Contractor, with the consent of the Surety’s liability is limited to the amount of this Bond. Owner, to perform and complete the Construction Contract; 9. The Surety shall not be liable to the Owner or others for 5.2 Undertake to perform and complete the Construction obligations of the Contractor that are unrelated to the Construction Contract itself, through its agents or independent contractors; Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of 5.3 Obtain bids or negotiated proposals from qualified action shall accrue on this Bond to any person or entity other than contractors acceptable to the Owner for a contract for the Owner or its heirs, executors, administrators, successors, and performance and completion of the Construction Contract, assigns. arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, 10. The Surety hereby waives notice of any change, including to be secured with performance and payment bonds executed changes of time, to the Construction Contract or to related by a qualified surety equivalent to the bonds issued on the subcontracts, purchase orders, and other obligations. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 11. Any proceeding, legal or equitable, under this Bond may be 14.2 Construction Contract: The agreement between the instituted in any court of competent jurisdiction in the location in Owner and Contractor identified on the cover page, including all which the work or part of the work is located and shall be instituted Contract Documents and changes made to the agreement and within two years after a declaration of Contractor Default or within the Contract Documents. two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this 14.3 Contractor Default: Failure of the Contractor, which Bond, whichever occurs first. If the provisions of this paragraph are has not been remedied or waived, to perform or otherwise to void or prohibited by law, the minimum periods of limitations comply with a material term of the Construction Contract. available to sureties as a defense in the jurisdiction of the suit shall be applicable. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required 12. Notice to the Surety, the Owner, or the Contractor shall be under the Construction Contract or to perform and complete or mailed or delivered to the address shown on the page on which their comply with the other material terms of the Construction signature appears. Contract. 13. When this Bond has been furnished to comply with a statutory 14.5 Contract Documents: All the documents that comprise or other legal requirement in the location where the construction was the agreement between the Owner and Contractor. to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and 15. If this Bond is issued for an agreement between a contractor and provisions conforming to such statutory or other legal requirement subcontractor, the term Contractor in this Bond shall be deemed to shall be deemed incorporated herein. When so furnished, the intent be Subcontractor and the term Owner shall be deemed to be is that this Bond shall be construed as a statutory bond and not as a Contractor. common law bond. 16. Modifications to this Bond are as follows: 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 This Page Left Blank Intentionally PAYMENT BOND CONTRACTOR (name and address):SURETY (name and address of principal place of business): OWNER (name and address): City of Cottage Grove 8635 West Point Douglas Road Cottage Grove, MN 55016 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location):Pine Hill 0.5 MG SpheroidWater Storage Tank Rehabilitation –Cottage Grove, MN BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind 6. If a notice of non-payment required by Paragraph 5.1.1 is themselves, their heirs, executors, administrators, given by the Owner to the Contractor, that is sufficient to successors, and assigns to the Owner to pay for labor, satisfy a Claimant’s obligation to furnish a written notice of materials, and equipment furnished for use in the non-payment under Paragraph 5.1.1. performance of the Construction Contract, which is incorporated herein by reference, subject to the following 7. When a Claimant has satisfied the conditions of Paragraph terms. 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following 2. If the Contractor promptly makes payment of all sums due actions: to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits 7.1 Send an answer to the Claimant, with a copy to the by any person or entity seeking payment for labor, Owner, within sixty (60) days after receipt of the materials, or equipment furnished for use in the Claim, stating the amounts that are undisputed and performance of the Construction Contract, then the Surety the basis for challenging any amounts that are and the Contractor shall have no obligation under this disputed; and Bond. 7.2 Pay or arrange for payment of any undisputed 3. If there is no Owner Default under the Construction amounts. Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the 7.3 The Surety’s failure to discharge its obligations Contractor and the Surety (at the address described in under Paragraph 7.1 or 7.2 shall not be deemed to Paragraph 13) of claims, demands, liens, or suits against constitute a waiver of defenses the Surety or the Owner or the Owner’s property by any person or Contractor may have or acquire as to a Claim, entity seeking payment for labor, materials, or equipment except as to undisputed amounts for which the furnished for use in the performance of the Construction Surety and Claimant have reached agreement. If, Contract, and tendered defense of such claims, demands, however, the Surety fails to discharge its liens, or suits to the Contractor and the Surety. obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable 4. When the Owner has satisfied the conditions in Paragraph attorney’s fees the Claimant incurs thereafter to 3, the Surety shall promptly and at the Surety’s expense recover any sums found to be due and owing to defend, indemnify, and hold harmless the Owner against a the Claimant. duly tendered claim, demand, lien, or suit. 8. The Surety’s total obligation shall not exceed the amount 5. The Surety’s obligations to a Claimant under this Bond of this Bond, plus the amount of reasonable attorney’s shall arise after the following: fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good 5.1 Claimants who do not have a direct contract with faith by the Surety. the Contractor, 9. Amounts owed by the Owner to the Contractor under the 5.1.1 have furnished a written notice of non- Construction Contract shall be used for the performance payment to the Contractor, stating with of the Construction Contract and to satisfy claims, if any, substantial accuracy the amount claimed under any construction performance bond. By the and the name of the party to whom the Contractor furnishing and the Owner accepting this Bond, materials were, or equipment was, they agree that all funds earned by the Contractor in the furnished or supplied or for whom the performance of the Construction Contract are dedicated labor was done or performed, within to satisfy obligations of the Contractor and Surety under ninety (90) days after having last this Bond, subject to the Owner’s priority to use the funds performed labor or last furnished for the completion of the work. materials or equipment included in the Claim; and 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated 5.1.2 have sent a Claim to the Surety (at the to the Construction Contract. The Owner shall not be address described in Paragraph 13). liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond 5.2 Claimants who are employed by or have a direct no obligation to make payments to or give notice on contract with the Contractor have sent a Claim to behalf of Claimants, or otherwise have any obligations to the Surety (at the address described in Paragraph Claimants under this Bond. 13). 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic’s lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or thelimitation in the terms of “labor, materials, or Contractor shall be mailed or delivered to the address equipment” that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, 14. When this Bond has been furnished to comply with a and all other items for which a mechanic’s lien may statutory or other legal requirement in the location where be asserted in the jurisdiction where the labor, the construction was to be performed, any provision in materials, or equipment were furnished. this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the permit a copy to be made. Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction 16. Definitions Contract. 16.1 Claim: A written statement by the Claimant 16.5 Contract Documents: All the documents that including at a minimum: comprise the agreement between the Owner and Contractor. 1. The name of the Claimant; 2. The name of the person for whom the labor 17. If this Bond is issued for an agreement between a was done, or materials or equipment contractor and subcontractor, the term Contractor in this furnished; Bond shall be deemed to be Subcontractor and the term 3. A copy of the agreement or purchase order Owner shall be deemed to be Contractor. pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 18. Modifications to this Bond are as follows: 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 This Page Left Blank Intentionally This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared By Endorsed By EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. © Copyright 2018 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1ÏDefinitions and Terminology ..................................................................................................... 1 1.01Defined Terms ............................................................................................................................ 1 1.02Terminology ................................................................................................................................ 5 Article 2ÏPreliminary Matters .................................................................................................................. 6 2.01Delivery of Performance and Payment Bonds; Evidence of Insurance ...................................... 6 2.02Copies of Documents ................................................................................................................. 7 2.03Before Starting Construction ...................................................................................................... 7 2.04Preconstruction Conference; Designation of Authorized Representatives ................................. 7 2.05Acceptance of Schedules ........................................................................................................... 7 2.06Electronic Transmittals ............................................................................................................... 8 Article 3ÏContract Documents: Intent, Requirements, Reuse ................................................................. 8 3.01Intent .......................................................................................................................................... 8 3.02Reference Standards .................................................................................................................. 9 3.03Reporting and Resolving Discrepancies ..................................................................................... 9 3.04Requirements of the Contract Documents ............................................................................... 10 3.05Reuse of Documents ................................................................................................................ 10 Article 4ÏCommencement and Progress of the Work ........................................................................... 10 4.01Commencement of Contract Times; Notice to Proceed ........................................................... 10 4.02Starting the Work ...................................................................................................................... 11 4.03Reference Points ...................................................................................................................... 11 4.04Progress Schedule ................................................................................................................... 11 4.05Delays in ContractorÓs Progress ............................................................................................... 11 Article 5ÏSite; Subsurface and Physical Conditions; Hazardous Environmental Conditions ................ 12 5.01Availability of Lands .................................................................................................................. 12 5.02Use of Site and Other Areas..................................................................................................... 13 5.03Subsurface and Physical Conditions ........................................................................................ 14 5.04Differing Subsurface or Physical Conditions ............................................................................ 14 5.05Underground Facilities .............................................................................................................. 16 5.06Hazardous Environmental Conditions at Site ........................................................................... 18 Article 6ÏBonds and Insurance ............................................................................................................. 20 6.01Performance, Payment, and Other Bonds ................................................................................ 20 6.02InsuranceÏGeneral Provisions ................................................................................................ 20 6.03ContractorÓs Insurance ............................................................................................................. 22 6.04BuilderÓs Risk and Other Property Insurance ........................................................................... 23 EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. TOCPage1of4 6.05Property Losses; Subrogation .................................................................................................. 24 6.06Receipt and Application of Property Insurance Proceeds ........................................................ 25 Article 7ÏContractorÓs Responsibilities .................................................................................................. 25 7.01ContractorÓs Means and Methods of Construction ................................................................... 25 7.02Supervision and Superintendence ............................................................................................ 25 7.03Labor; Working Hours ............................................................................................................... 25 7.04Services, Materials, and Equipment ......................................................................................... 26 7.05ÐOr EqualsÑ ............................................................................................................................... 26 7.06Substitutes ................................................................................................................................ 27 7.07Concerning Subcontractors and Suppliers ............................................................................... 29 7.08Patent Fees and Royalties ....................................................................................................... 30 7.09Permits ..................................................................................................................................... 30 7.10Taxes ........................................................................................................................................ 30 7.11Laws and Regulations .............................................................................................................. 30 7.12Record Documents ................................................................................................................... 31 7.13Safety and Protection ............................................................................................................... 31 7.14Hazard Communication Programs ........................................................................................... 32 7.15Emergencies............................................................................................................................. 32 7.16Submittals ................................................................................................................................. 33 7.17ContractorÓs General Warranty and Guarantee ........................................................................ 35 7.18Indemnification ......................................................................................................................... 36 7.19Delegation of Professional Design Services ............................................................................. 37 Article 8ÏOther Work at the Site ............................................................................................................ 37 8.01Other Work ............................................................................................................................... 37 8.02Coordination ............................................................................................................................. 38 8.03Legal Relationships .................................................................................................................. 38 Article 9ÏOwnerÓs Responsibilities ........................................................................................................ 39 9.01Communications to Contractor ................................................................................................. 39 9.02Replacement of Engineer ......................................................................................................... 39 9.03Furnish Data ............................................................................................................................. 39 9.04Pay When Due ......................................................................................................................... 39 9.05Lands and Easements; Reports, Tests, and Drawings ............................................................ 40 9.06Insurance .................................................................................................................................. 40 9.07Change Orders ......................................................................................................................... 40 9.08Inspections, Tests, and Approvals ............................................................................................ 40 9.09Limitations on OwnerÓs Responsibilities ................................................................................... 40 9.10Undisclosed Hazardous Environmental Condition ................................................................... 40 9.11Evidence of Financial Arrangements ........................................................................................ 40 9.12Safety Programs ....................................................................................................................... 40 EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. TOCPage2of4 Article 10ÏEngineerÓs Status During Construction ................................................................................ 40 10.01OwnerÓs Representative ........................................................................................................... 40 10.02Visits to Site .............................................................................................................................. 41 10.03Resident Project Representative .............................................................................................. 41 10.04EngineerÓs Authority ................................................................................................................. 41 10.05Determinations for Unit Price Work .......................................................................................... 41 10.06Decisions on Requirements of Contract Documents and Acceptability of Work ...................... 41 10.07Limitations on EngineerÓs Authority and Responsibilities ......................................................... 42 10.08Compliance with Safety Program ............................................................................................. 42 Article 11ÏChanges to the Contract ...................................................................................................... 42 11.01Amending and Supplementing the Contract ............................................................................. 42 11.02Change Orders ......................................................................................................................... 43 11.03Work Change Directives ........................................................................................................... 43 11.04Field Orders .............................................................................................................................. 43 11.05Owner-Authorized Changes in the Work .................................................................................. 44 11.06Unauthorized Changes in the Work .......................................................................................... 44 11.07Change of Contract Price ......................................................................................................... 44 11.08Change of Contract Times ........................................................................................................ 45 11.09Change Proposals .................................................................................................................... 45 11.10Notification to Surety ................................................................................................................ 46 Article 12ÏClaims .................................................................................................................................. 47 12.01Claims....................................................................................................................................... 47 Article 13ÏCost of the Work; Allowances; Unit Price Work ................................................................... 48 13.01Cost of the Work ....................................................................................................................... 48 13.02Allowances ............................................................................................................................... 51 13.03Unit Price Work......................................................................................................................... 51 Article 14ÏTests and Inspections; Correction, Removal, or Acceptance of Defective Work ................. 52 14.01Access to Work......................................................................................................................... 52 14.02Tests, Inspections, and Approvals ............................................................................................ 52 14.03Defective Work ......................................................................................................................... 53 14.04Acceptance of Defective Work ................................................................................................. 54 14.05Uncovering Work ...................................................................................................................... 54 14.06Owner May Stop the Work ....................................................................................................... 55 14.07Owner May Correct Defective Work ......................................................................................... 55 Article 15ÏPayments to Contractor; Set-Offs; Completion; Correction Period ...................................... 55 15.01Progress Payments .................................................................................................................. 55 15.02ContractorÓs Warranty of Title ................................................................................................... 58 15.03Substantial Completion ............................................................................................................. 58 15.04Partial Use or Occupancy ......................................................................................................... 59 EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. TOCPage3of4 15.05Final Inspection ........................................................................................................................ 60 15.06Final Payment........................................................................................................................... 60 15.07Waiver of Claims ...................................................................................................................... 61 15.08Correction Period...................................................................................................................... 61 Article 16ÏSuspension of Work and Termination .................................................................................. 62 16.01Owner May Suspend Work ....................................................................................................... 62 16.02Owner May Terminate for Cause ............................................................................................. 62 16.03Owner May Terminate for Convenience ................................................................................... 63 16.04Contractor May Stop Work or Terminate .................................................................................. 64 Article 17ÏFinal Resolution of Disputes................................................................................................. 64 17.01Methods and Procedures ......................................................................................................... 64 Article 18ÏMiscellaneous ...................................................................................................................... 64 18.01Giving Notice ............................................................................................................................ 64 18.02Computation of Times .............................................................................................................. 65 18.03Cumulative Remedies .............................................................................................................. 65 18.04Limitation of Damages .............................................................................................................. 65 18.05No Waiver ................................................................................................................................. 65 18.06Survival of Obligations .............................................................................................................. 65 18.07Controlling Law ......................................................................................................................... 65 18.08Assignment of Contract ............................................................................................................ 65 18.09Successors and Assigns .......................................................................................................... 66 18.10Headings .................................................................................................................................. 66 EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. TOCPage4of4 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1ÏDEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the termÓs singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda ÏWritten 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 ÏThe written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment ÏThe document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid ÏThe offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder ÏAn individual or entity that submits a Bid to Owner. 6. Bidding Documents ÏThe Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements ÏThe Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order ÏA document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal ÏA written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting EngineerÓs decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page1of66 b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting EngineerÓs decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern ÏAsbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract ÏThe entire and integrated written contract between Owner and Contractor concerning the Work. 13. Contract Documents ÏThose items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price ÏThe money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15. Contract Times ÏThe number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor ÏThe individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work ÏSee Paragraph 13.01 for definition. 18. Drawings ÏThe part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract ÏThe date, indicated in the Agreement, on which the Contract becomes effective. 20. Electronic Document ÏAny Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21. Electronic Means ÏElectronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer ÏThe individual or entity named as such in the Agreement. 23. Field Order ÏA written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page2of66 24. Hazardous Environmental Condition ÏThe presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations; Laws or Regulations ÏAny and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens ÏCharges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 27. Milestone ÏA principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28. Notice of Award ÏThe written notice by Owner to a Bidder of OwnerÓs acceptance of the Bid. 29. Notice to Proceed ÏA written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 30. Owner ÏThe individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 31. Progress Schedule ÏA schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising ContractorÓs plan to accomplish the Work within the Contract Times. 32. Project ÏThe total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 33. Resident Project Representative ÏThe authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative. 34. Samples ÏPhysical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 35. Schedule of Submittals ÏA schedule, prepared and maintained by Contractor, of required submittals and the time requirements for EngineerÓs review of the submittals. 36. Schedule of Values ÏA 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 ContractorÓs Applications for Payment. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page3of66 37. Shop Drawings ÏAll drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 38. Site ÏLands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39. Specifications ÏThe part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 40. Subcontractor ÏAn individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 41. Submittal ÏA written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; SuppliersÓ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 42. Substantial Completion ÏThe 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 Ðsubstantially completeÑ and Ðsubstantially completedÑ as applied to all or part of the Work refer to Substantial Completion of such Work. 43. Successful Bidder ÏThe Bidder to which the Owner makes an award of contract. 44. Supplementary Conditions ÏThe part of the Contract that amends or supplements these General Conditions. 45. Supplier ÏA manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 46. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page4of66 subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47. Underground Facilities ÏAll active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48. Unit Price Work ÏWork to be paid for on the basis of unit prices. 49. Work ÏThe entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 50. Work Change Directive ÏA written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms Ðas allowed,Ñ Ðas approved,Ñ Ðas ordered,Ñ Ðas directedÑ or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives Ðreasonable,Ñ Ðsuitable,Ñ Ðacceptable,Ñ Ðproper,Ñ Ðsatisfactory,Ñ or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: The word ÐdayÑ means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word Ðdefective,Ñ when modifying the word ÐWork,Ñ refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page5of66 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. has been damaged prior to EngineerÓs recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04). E. Furnish, Install, Perform, Provide 1. The word Ðfurnish,Ñ when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word Ðinstall,Ñ when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words ÐperformÑ or Ðprovide,Ñ when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words Ðfurnish,Ñ Ðinstall,Ñ Ðperform,Ñ or Ðprovide,Ñ then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Contract Price or Contract Times: References to a change in ÐContract Price or Contract TimesÑ or ÐContract Times or Contract PriceÑ or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term Ðor bothÑ is not expressed. G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2ÏPRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B. Evidence of ContractorÓs Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. Evidence of OwnerÓs Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), the certificates and other evidence of insurance required to be provided by Owner under Article 6. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page6of66 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from ContractorÓs full responsibility therefor. 2. ContractorÓs Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page7of66 3. ContractorÓs Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipientÓs use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. ARTICLE 3ÏCONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page8of66 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. ContractorÓs Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 2. ContractorÓs Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page9of66 b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretationÏ RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. EngineerÓs written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without OwnerÓs express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4ÏCOMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page10of66 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in EngineerÓs judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in ContractorÓs Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If ContractorÓs performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be ContractorÓs sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page11of66 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. D. ContractorÓs entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1. ContractorÓs entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of daysÓ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. ARTICLE 5ÏSITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page12of66 B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and OwnerÓs interest therein as necessary for giving notice of or filing a mechanicÓs or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for ContractorÓs operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, ContractorÓs performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page13of66 D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for ContractorÓs purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or OwnerÓs archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 3. differs materially from that shown or indicated in the Contract Documents; or EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page14of66 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. EngineerÓs Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the ContractorÓs resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of EngineerÓs findings, conclusions, and recommendations. C. OwnerÓs Statement to Contractor Regarding Site Condition: After receipt of EngineerÓs written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting EngineerÓs written findings, conclusions, and recommendations, in whole or in part. D. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of EngineerÓs review or OwnerÓs issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in ContractorÓs cost of, or time required for, performance of the Work; subject, however, to the following: a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c. ContractorÓs entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page15of66 b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to ContractorÓs making such commitment; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding ContractorÓs entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after OwnerÓs issuance of the OwnerÓs written statement to Contractor regarding the subsurface or physical condition in question. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. ContractorÓs Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations; 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C. EngineerÓs Review: Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page16of66 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the ContractorÓs resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and 4. advise Owner in writing of EngineerÓs findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. OwnerÓs Statement to Contractor Regarding Underground Facility: After receipt of EngineerÓs written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting EngineerÓs written findings, conclusions, and recommendations in whole or in part. E. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of EngineerÓs review or OwnerÓs issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in ContractorÓs cost of, or time required for, performance of the Work; subject, however, to the following: a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; b. ContractorÓs entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding ContractorÓs entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after OwnerÓs issuance of the OwnerÓs written statement to Contractor regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page17of66 Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, ContractorÓs remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for ContractorÓs purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page18of66 Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of OwnerÓs written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by OwnerÓs own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I obligates Owner to indemnify any individual or entity from and against the consequences of that individualÓs or entityÓs own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individualÓs or entityÓs own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page19of66 ARTICLE 6ÏBONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of ContractorÓs obligations under the Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or Regulations, and must be issued and signed by a surety named in ÐCompanies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring CompaniesÑ as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individualÓs authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise OwnerÓs termination rights under Article 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.02 InsuranceÏGeneral Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page20of66 C. Alternative forms of insurance coverage, including but not limited to self-insurance and ÐOccupational Accident and Excess EmployerÓs Indemnity Policies,Ñ are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or Contractor to demand such certificates or other evidence of the other partyÓs full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other partyÓs obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at OwnerÓs option, may purchase and maintain OwnerÓs own liability insurance. OwnerÓs liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon OwnerÓs liability policies for any of ContractorÓs obligations to the Owner, Engineer, or third parties. H. Contractor shall require: 1. Subcontractors to purchase and maintain workerÓs compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities identified in the Supplementary Conditions as additional insureds on ContractorÓs liability policies) on each SubcontractorÓs commercial general liability insurance policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page21of66 J. If Contractor has failed to obtain and maintain required insurance, ContractorÓs entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set- off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise OwnerÓs termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other partyÓs interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly. L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or ContractorÓs interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on ContractorÓs liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 ContractorÓs Insurance A. Required Insurance: Contractor shall purchase and maintain WorkerÓs Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable; and 5. include all necessary endorsements to support the stated requirements. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page22of66 C. Additional Insureds: The ContractorÓs commercial general liability, automobile liability, employerÓs liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by ContractorÓs acts or omissions, or the acts and omissions of those working on ContractorÓs behalf, in the performance of ContractorÓs operations. 6.04 BuilderÓs Risk and Other Property Insurance A. BuilderÓs Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builderÓs risk insurance upon the Work on a completed value basis, in the amount of the WorkÓs full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builderÓs risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builderÓs risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builderÓs risk insurance. The builderÓs risk insurance may terminate upon written confirmation of OwnerÓs procurement of such property insurance. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builderÓs risk policy, or through Contractor) will provide advance notice of such occupancy or use to the builderÓs risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builderÓs risk or property insurance policies provided under this Paragraph 6.04, it may do so at ContractorÓs expense. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page23of66 6.05 Property Losses; Subrogation A. The builderÓs risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builderÓs risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to OwnerÓs existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurerÓs rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. 1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OwnerÓs property or the Work caused by, arising out of, or resulting from fire or other insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builderÓs risk insurance, installation floater, and any other property insurance applicable to the Work. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page24of66 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builderÓs risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builderÓs risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7ÏCONTRACTORÓS RESPONSIBILITIES 7.01 ContractorÓs Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out ContractorÓs responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at ContractorÓs expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) ContractorÓs determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site. B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of ContractorÓs employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for ContractorÓs own acts and omissions. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page25of66 C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with OwnerÓs written consent, which will not be unreasonably withheld. 7.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.05 ÐOr EqualsÑ A. ContractorÓs Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or Ðor equalÑ item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an Ðor equalÑ item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page26of66 b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. ContractorÓs Expense: Contractor shall provide all data in support of any proposed Ðor equalÑ item at ContractorÓs expense. C. EngineerÓs Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each Ðor-equalÑ request. Engineer may require Contractor to furnish additional data about the proposed Ðor-equalÑ item. Engineer will be the sole judge of acceptability. No Ðor- equalÑ item will be ordered, furnished, installed, or utilized until EngineerÓs review is complete and Engineer determines that the proposed item is an Ðor-equal,Ñ which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of EngineerÓs Determination: Neither approval nor denial of an Ðor-equalÑ request will result in any change in Contract Price. The EngineerÓs denial of an Ðor-equalÑ request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an Ðor-equalÑ item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A. ContractorÓs Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified; and 3) be suited to the same use as the item specified. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page27of66 b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. EngineerÓs Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until EngineerÓs review is complete and Engineer determines that the proposed item is an acceptable substitute. EngineerÓs determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at ContractorÓs expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of EngineerÓs Cost: Engineer will record EngineerÓs costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. ContractorÓs Expense: Contractor shall provide all data in support of any proposed substitute at ContractorÓs expense. F. Effect of EngineerÓs Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The EngineerÓs denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page28of66 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The ContractorÓs retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve ContractorÓs obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of ContractorÓs Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of OwnerÓs requirement of replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page29of66 M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.09 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of ContractorÓs Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.11 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring ContractorÓs compliance with any Laws or Regulations. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page30of66 B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It is not ContractorÓs responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written notice to the other party of any changes after the submission of ContractorÓs Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page31of66 D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of OwnerÓs safety programs, if any. Any OwnerÓs safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. Contractor shall inform Owner and Engineer of the specific requirements of ContractorÓs safety program with which OwnerÓs and EngineerÓs employees and representatives must comply while at the Site. I. ContractorÓs duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. ContractorÓs duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of ContractorÓs response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or ContractorÓs response, a Work Change Directive or Change Order will be issued. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page32of66 7.16 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 3) all information relative to ContractorÓs responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied ContractorÓs obligations under the Contract Documents with respect to ContractorÓs review of that Submittal, and that Contractor approves the Submittal. 3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C. 2. Samples a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.16.C. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page33of66 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to EngineerÓs review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. EngineerÓs Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. EngineerÓs review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. EngineerÓs review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3. EngineerÓs review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. EngineerÓs review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. EngineerÓs review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. EngineerÓs review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither EngineerÓs receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. 2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record EngineerÓs time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for EngineerÓs charges to Owner for such time. Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page34of66 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for EngineerÓs charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. EngineerÓs review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19. 7.17 ContractorÓs General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on ContractorÓs warranty and guarantee. B. OwnerÓs rights under this warranty and guarantee are in addition to, and are not limited by, OwnerÓs rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C. ContractorÓs warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page35of66 D. ContractorÓs obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of ContractorÓs obligation to perform the Work in accordance with the Contract Documents, or a release of OwnerÓs warranty and guarantee rights under this Paragraph 7.17: 1. Observations by Engineer; 2. Recommendation by Engineer or payment by Owner of any progress or final payment; 3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any review and approval of a Shop Drawing or Sample submittal; 6. The issuance of a notice of acceptability by Engineer; 7. The end of the correction period established in Paragraph 15.08; 8. Any inspection, test, or approval by others; or 9. Any correction of defective Work by Owner. E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to ContractorÓs performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workersÓ compensation acts, disability benefit acts, or other employee benefit acts. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page36of66 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner-delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of ContractorÓs design professional when submitted by Contractor to Engineer. D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, EngineerÓs review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8ÏOTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by OwnerÓs employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with OwnerÓs employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page37of66 C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with OwnerÓs employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. E. If the proper execution or results of any part of ContractorÓs Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of ContractorÓs Work. ContractorÓs failure to so report will constitute an acceptance of such other work as fit and proper for integration with ContractorÓs Work except for latent defects and deficiencies in such other work. F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with OwnerÓs employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the OwnerÓs employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all ContractorÓs rights against such other EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page38of66 contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. ContractorÓs entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor, and assign to such other contractor or utility owner the OwnerÓs contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B. 2. When Owner is performing other work at or adjacent to the Site with OwnerÓs employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of ContractorÓs failure to take reasonable and customary measures with respect to OwnerÓs other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor. C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through ContractorÓs failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of ContractorÓs actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9ÏOWNERÓS RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineerÓs status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page39of66 9.05 Lands and Easements; Reports, Tests, and Drawings A. OwnerÓs duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. OwnerÓs duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to OwnerÓs identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. OwnerÓs responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. OwnerÓs responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. OwnerÓs responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on OwnerÓs Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, ContractorÓs 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 ContractorÓs failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OwnerÓs responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy OwnerÓs obligations under the Contract (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, OwnerÓs employees and representatives shall comply with the specific applicable requirements of ContractorÓs safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10ÏENGINEERÓS STATUS DURING CONSTRUCTION 10.01 OwnerÓs Representative A. Engineer will be OwnerÓs representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as OwnerÓs representative during construction are set forth in the Contract. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page40of66 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of ContractorÓs 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. EngineerÓs 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. EngineerÓs visits and observations are subject to all the limitations on EngineerÓs authority and responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a result of EngineerÓs visits or observations of ContractorÓs Work, Engineer will not supervise, direct, control, or have authority over or be responsible for ContractorÓs means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Resident Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not EngineerÓs consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 EngineerÓs Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. EngineerÓs authority as to Submittals is set forth in Paragraph 7.16. C. EngineerÓs authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to OwnerÓs delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19. D. EngineerÓs authority as to changes in the Work is set forth in Article 11. E. EngineerÓs authority as to Applications for Payment is set forth in Article 15. 10.05 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page41of66 not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 Limitations on EngineerÓs Authority and Responsibilities A. Neither EngineerÓs authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for ContractorÓs means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for ContractorÓs 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. EngineerÓs review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Contractor under Paragraph 15.06.A, will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply to the Resident Project Representative, if any. 10.08 Compliance with Safety Program A. While at the Site, EngineerÓs employees and representatives will comply with the specific applicable requirements of OwnerÓs and ContractorÓs safety programs of which Engineer has been informed. ARTICLE 11ÏCHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by EngineerÓs recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page42of66 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of OwnerÓs acceptance of defective Work under Paragraph 14.04 or OwnerÓs correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for EngineerÓs recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change DirectiveÓs effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price. B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page43of66 11.05 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by EngineerÓs recommendation. B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with ContractorÓs safety obligations under the Contract Documents or Laws and Regulations. 11.06 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a ContractorÓs fee for overhead and profit (determined as provided in Paragraph 11.07.C). C. ContractorÓs Fee: When applicable, the ContractorÓs fee for overhead and profit will be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the ContractorÓs fee will be 15 percent; b. For costs incurred under Paragraph 13.01.B.3, the ContractorÓs fee will be 5 percent; EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page44of66 c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the ContractorÓs fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in ContractorÓs fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page45of66 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3. EngineerÓs Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. EngineerÓs Full Review and Action on the Change Proposal: Upon receipt of ContractorÓs supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the ContractorÓs supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of EngineerÓs inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5. Binding Decision: EngineerÓs decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be ContractorÓs responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page46of66 ARTICLE 12ÏCLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article: 1. Appeals by Owner or Contractor of EngineerÓs decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of ContractorÓs knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediatorÓs fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page47of66 is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13ÏCOST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. When needed to determine the value of a Change Order, Change Proposal, Claim, set- off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workersÓ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and SuppliersÓ field services required in connection therewith. All cash discounts accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page48of66 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, which will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the SubcontractorÓs Cost of the Work and fee will be determined in the same manner as ContractorÓs Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 5. Other costs consisting of the following: a. The proportion of necessary transportation, travel, and subsistence expenses of ContractorÓs employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor-related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price (Ðchanged WorkÑ), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page49of66 e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of builderÓs risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining ContractorÓs fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work does not include any of the following items: 1. Payroll costs and other compensation of ContractorÓs officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in ContractorÓs principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the ContractorÓs fee. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of ContractorÓs principal and branch offices other than ContractorÓs office at the Site. 4. Any part of ContractorÓs capital expenses, including interest on ContractorÓs capital employed for the Work and charges against Contractor for delinquent payments. 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. ContractorÓs Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a. ContractorÓs fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page50of66 b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, ContractorÓs fee will be determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then ContractorÓs fee for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all ContractorÓs accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and ContractorÓs fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. ContractorÓs costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. C. OwnerÓs Contingency Allowance: Contractor agrees that an OwnerÓs contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page51of66 C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover ContractorÓs overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the EngineerÓs preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). EngineerÓs written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. ContractorÓs unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in ContractorÓs costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14ÏTESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of ContractorÓs safety procedures and programs so that they may comply with such procedures and programs as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page52of66 C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain OwnerÓs and EngineerÓs acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to ContractorÓs purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering will be at ContractorÓs expense unless Contractor had given Engineer timely notice of ContractorÓs intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. ContractorÓs Obligation: It is ContractorÓs obligation to assure that the Work is not defective. B. EngineerÓs Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair OwnerÓs special warranty and guarantee, if any, on said Work. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page53of66 F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to EngineerÓs confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to OwnerÓs evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for EngineerÓs observation, and then replace the covering, all at ContractorÓs expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at EngineerÓs request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending ContractorÓs full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page54of66 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then Owner may, after 7 daysÓ written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend ContractorÓs services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, OwnerÓs representatives, agents and employees, OwnerÓs other contractors, and Engineer and EngineerÓs consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of ContractorÓs 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 OwnerÓs rights and remedies under this Paragraph 14.07. ARTICLE 15ÏPAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page55of66 2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation establishing full payment by Contractor for the materials and equipment; (b) at OwnerÓs request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect OwnerÓs interest therein, all of which must be satisfactory to Owner. 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge ContractorÓs legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing EngineerÓs reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. EngineerÓs recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on EngineerÓs observations of the executed Work as an experienced and qualified design professional, and on EngineerÓs review of the Application for Payment and the accompanying data and schedules, that to the best of EngineerÓs knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to ContractorÓs being entitled to such payment appear to have been fulfilled in so far as it is EngineerÓs responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page56of66 4. Neither EngineerÓs review of ContractorÓs Work for the purposes of recommending payments nor EngineerÓs recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for ContractorÓs failure to comply with Laws and Regulations applicable to ContractorÓs performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in EngineerÓs opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in EngineerÓs opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with EngineerÓs recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on ContractorÓs conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from ContractorÓs conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page57of66 d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of ContractorÓs failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or l. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that OwnerÓs refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 15.02 ContractorÓs Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after ContractorÓs notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page58of66 C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of OwnerÓs objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding OwnerÓs use or occupancy of the Work following Substantial Completion, review the builderÓs risk insurance policy with respect to the end of the builderÓs risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon OwnerÓs use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with ContractorÓs performance of the remainder of the Work, subject to the following conditions: 1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work. 2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page59of66 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builderÓs risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all duly pending Change Proposals and Claims; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page60of66 B. EngineerÓs Review of Final Application and Recommendation of Payment: If, on the basis of EngineerÓs observation of the Work during construction and final inspection, and EngineerÓs 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 ContractorÓs other obligations under the Contract have been fulfilled, Engineer will, within 10 days after receipt of the final Application for Payment, indicate in writing EngineerÓs recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set-offs against payment that are necessary in EngineerÓs opinion to protect Owner from loss for the reasons stated above with respect to progress payments. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the EngineerÓs written recommendation of final payment and issuance of notice of the acceptability of the Work. E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of OwnerÓs receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that ContractorÓs repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with OwnerÓs written instructions: 1. correct the defective repairs to the Site or such adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page61of66 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B. C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of OwnerÓs written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). ContractorÓs failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. F. ContractorÓs obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16ÏSUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. ContractorÓs persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page62of66 3. ContractorÓs disregard of Laws or Regulations of any public body having jurisdiction; or 4. ContractorÓs repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 daysÓ written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where ContractorÓs services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 daysÓ written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page63of66 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 daysÓ written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to ContractorÓs stopping the Work as permitted by this paragraph. ARTICLE 17ÏFINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18ÏMISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipientÓs place of business; EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page64of66 2. by registered or certified mail, postage prepaid, to the recipientÓs place of business; or 3. by e-mail to the recipient, with the words ÐFormal NoticeÑ or similar in the e-mailÓs subject line. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A partyÓs non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page65of66 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC®C700,StandardGeneralConditionsoftheConstructionContract. © Copyright2018NationalSocietyofProfessionalEngineers,AmericanCouncilofEngineeringCompanies, andAmericanSocietyofCivilEngineers.Allrightsreserved. Page66of66 DOCUMENT 00 73 00.MN SUPPLEMENTARY CONDITIONS TABLE OF ARTICLES Article Number Title Page SC-2.02Copies of Documents.................................................................................................................1 SC-4.03 Reference Points ........................................................................................................................ 2 SC-5.03 Subsurface and Physical Conditions ......................................................................................... 2 SC-5.05.B Underground Facilities ............................................................................................................... 2 SC-5.06 Hazardous Environmental Conditions ........................................................................................ 2 SC-6.03 Contractor’s Insurance ............................................................................................................... 3 SC-6.05 Property Losses; Subrogation .................................................................................................... 3 SC-7.03 Labor; Working Hours ................................................................................................................ 3 SC-7.07 Concerning Subcontractors, Suppliers, and Others .................................................................. 4 SC-7.07 Concerning Subcontractors, Suppliers, and Others .................................................................. 4 SC-7.11 Laws and Regulations ................................................................................................................ 4 SC-10.03 Resident Project Representative ............................................................................................... 4 SC-11.09 Change Proposals ...................................................................................................................... 7 SC-12.01 Claims ........................................................................................................................................ 8 SC-13.03 Unit Price Work .......................................................................................................................... 8 SC-14.05 Uncovering Work ........................................................................................................................ 8 SC-15.01.B Applications for Payments ......................................................................................................... 8 SC-15.01.B Applications for Payments ......................................................................................................... 9 SC-15.01.D Payment Becomes Due ............................................................................................................. 9 SC-15.03 Substantial Completion .............................................................................................................. 9 SC-15.05 Final Inspection .......................................................................................................................... 9 SC-15.06.A Final Payment ............................................................................................................................ 9 SC-15.08 Correction Period ....................................................................................................................... 9 These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction ® Contract, EJCDC C-700 ( 2018 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix “SC” added thereto. SC-2.02 Copies of Documents Delete Paragraph 2.02.A in its entirety and insert the following: A. Owner shall furnish to Contractor up to five (5) printed copies of the Contract Documents (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished on request at the cost of reproduction. Supplementary Conditions COTTG 165472 00 73 00 - 1 SC-4.03 Reference Points Add a new paragraph immediately after Paragraph 4.03.A to read as follows: B. Contractor shall provide a minimum of 48 hours’ written notice to the Resident Project Representative in advance of the need for construction stakes on the Project. No claim for delays under Paragraph 4.05 of the General Conditions due to the need for construction stakes will be considered unless 48 hour written notice has been provided and the Contractor is proceeding under an accepted Progress Schedule. SC-5.03 Subsurface and Physical Conditions Add the following new paragraph(s) immediately after Paragraph 5.03.B: C. The following drawings of physical conditions relating to existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities) are known to Owner: 1. Record Drawings of sanitary sewer, water main and storm sewer systems. a. All of the information in such drawings constitutes Technical Data on which Contractor may rely. D. Copies of reports and drawings identified in SC-5.03.C and SC-5.03.D that are not included with the Bidding Documents may be examined by contacting the City of Cottage Grove, MN. SC-5.05.B Underground Facilities Add new paragraph immediately after Paragraph 5.05.B to read as follows: 1. Underground utility locations can be obtained from the following owners and services: Utility Owner Phone Sewer and Water City of Cottage Grove, Rick Alt 651.458.2842 651.737.2984 Natural Gas Xcel Energy, Bill Lynaugh Jr 651.458.4453 651.328.4358 CenterPoint Energy, Brad Kackman 612.366.0521 Northern Natural Gas, Daniel Gorman 651.456.1730 Electric Xcel Energy, Jeremy Moore 651.458.1265 651.788.3374 CenterPoint Energy, Brad Kackman612.366.0521 Cable TV/TelephoneComcast, Benjamin Ueland612.462.7911 LUMEN, Jeremy Wegleitner (Terra 651.336.6557 Technologies, LLC) relocations@lumen.com Zayo Group, Steve Senger 612.210.8036 Location Service Gopher State One Call Metro: 651.454.0002 Out State: 800.252.1166 SC-5.06 Hazardous Environmental Conditions Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. Supplementary Conditions 00 73 00 - 2 COTTG 165472 SC-6.03 Contractor’s Insurance Add the following new paragraph immediately after Paragraph 6.03.C.5: D. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker’s Compensation and related coverages under Paragraphs 6.03 of the General Conditions: a. State: Statutory b. Federal, if applicable (e.g., Longshoreman’s): Statutory c. Employer’s Liability: 1) Bodily injury, each accident $2,000,000 2) Bodily injury by disease, each employee $2,000,000 3) Bodily injury/disease, aggregate $2,000,000 d. Foreign voluntary worker compensation: Statutory 2. Contractor’s Commercial General Liability under Paragraphs 6.03.B and 6.03.C of the General Conditions: a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $2,000,000 c. Personal and Advertising Injury $2,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 3. Automobile Liability under Paragraph 6.03.C of the General Conditions: a. Bodily Injury: Each person $2,000,000 Each Accident $2,000,000 b. Property Damage: Each Accident $2,000,000 4. Excess or Umbrella Liability: a. General Aggregate $2,000,000 b. Each Occurrence $2,000,000 6. Additional Insureds: Owner and Short Elliott Hendrickson Inc. SC-6.05 Property Losses; Subrogation Delete paragraphs A. through D. in their entirety and substitute the following paragraph in their place: A. Property Insurance will not be required of the Contractor. SC-7.03 Labor; Working Hours Delete Paragraph 7.03.C in its entirety and substitute the following in its place: 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, 7:00 a.m. through 7:00 p.m., Monday through Friday and 9:00 AM to 7:00 PM, Saturday (48 hour notice and permission required). Contractor will not perform Work on a Sunday, or any legal holiday. Contractor may perform Work outside these hours and days only with Owner’s written consent, which will not be unreasonably withheld. Supplementary Conditions COTTG 165472 00 73 00 - 3 Add the following new subparagraphs immediately after Paragraph 7.02.B: 1. The Contractor expressly agrees to be responsible for and pay the Owner for the inspector hours and expenses for work required past the daily working hours (01 11 00 – Summary of the Work), on weekends and legal holidays. These fees may include any accompanying contract administration, engineering, project management or project supervision time. The hourly man-hour rates will be in conformance with the Engineer’s current project fee schedule. Overtime work is 1.5 times the hourly rate. Payment to the owner shall be made by deductions to Contractor progress or final payment. SC-7.07 Concerning Subcontractors, Suppliers, and Others Delete Paragraph 7.07.H in its entirety and substitute the following in its place: H. Upon Owner’s request, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of request. SC-7.07 Concerning Subcontractors, Suppliers, and Others Add the following language at the end of Paragraph 7.07.M: In accordance with Minnesota Statute 471.425, Contractor shall pay any subcontractor within ten days of the Contractor’s receipt of payment from the municipality. Contractor shall pay interest on any unpaid amounts in accordance with the statute. SC-7.11 Laws and Regulations Add new paragraphs immediately after Paragraph 7.11.C which are to read as follows: D. Contractor shall specifically comply with Equal Opportunity Requirements as listed in Minnesota Rules 5000.3535, Standard State Equal Employment Opportunity Construction Contract Specifications. E. Contractor shall specifically comply with Minnesota Rules 5000.3550, Disabled Individuals Affirmative Action Clause. F. Construction operations shall not be started before 7:00 a.m. nor continued after 7:00 p.m., Monday through Friday, and not before 9:00 a.m. nor continued after 7:00 p.m., Saturday, or any time Sunday without written permission from the Engineer and the City of Cottage Grove. G. The operation of running motorized equipment or machinery outside of working hours is not permitted without written approval. The Contractor will abide by all local ordinances regarding working hours and days. SC-10.03 Resident Project Representative Add the following new paragraphs immediately after Paragraph 10.03.B: C. The Resident Project Representative (RPR) will be Engineer’s employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR’s actions. 1. General: RPR’s dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR’s dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. The RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. Supplementary Conditions 00 73 00 - 4 COTTG 165472 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer’s liaison with Contractor, working principally through Contractor’s authorized representative or designee, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 10. Records: a. Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, Subcontractors present at the Site, weather conditions, data relative to Supplementary Conditions COTTG 165472 00 73 00 - 5 questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. c. Maintain records for use in preparing Project documentation. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in Engineer’s visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected. b. Participate in Engineer’s final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the Work. D. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor’s superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work. Supplementary Conditions 00 73 00 - 6 COTTG 165472 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. SC-11.09 Change Proposals Delete in its entirety and insert the following in its place: A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedure 1. Submittal: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 10 days) after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with provisions of Paragraphs 4.05.D and 4.05.E of the General Conditions. b. Change Proposals related to a change in Contract Price must include full and detailed accounts of materials incorporated in the Work and labor and equipment used for the subject work. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3. Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.in General Conditions. Supplementary Conditions COTTG 165472 00 73 00 - 7 5. Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12 in General Conditions. C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12 in General Conditions. D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B in General Conditions. SC-12.01 Claims Amend the first sentence of Paragraph 12.01.B to read as follows: B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 10 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. SC-13.03 Unit Price Work Delete Paragraph 13.03.E in its entirety and insert the following in its place: E. There will be no adjustment of Unit Price Bid for increased or decreased quantities under this Contract. Quantities for items listed in the Contractor’s proposal shall be measured during construction, and the final measured quantities shall be used to determine the Contract Price. In order to complete the project in accordance with the intent of the plans and specifications, it is anticipated that quantities of several items will be more or less than estimated on the Contractor’s proposal. Accordingly, there will be no compensation for material restocking, if necessary. SC-14.05 Uncovering Work Amend the last sentence of Paragraph 14.05.C.2 to read as follows: If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 10 days of the determination that the Work is not defective. SC-15.01.B Applications for Payments Add the following language at the end of Paragraph 15.01.B.1: Supporting documentation to accompany each Application for Payment shall include: a. Updated Project Schedule. b. Updated list showing current status of submittals. c. Documentation showing payment by Contractor for materials and/or equipment stored. d. Documentation showing insurance coverage for materials and/or equipment stored. Supplementary Conditions 00 73 00 - 8 COTTG 165472 SC-15.01.B Applications for Payments Amend Paragraph 15.01.B.4 to read as follows: 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement and as follows: Minnesota: 5 percent Exempt Non-Minnesota Contractors: 5 percent Non-Exempt Non-Minnesota Contractors: 5 percent plus 8 percent* = 13 percent *State Surety Deposit Non-Minnesota Contractors are advised to file Form SD-3 with the Minnesota Department of Revenue to determine their exemption status. SC-15.01.D Payment Becomes Due Delete Paragraph 15.01.D.1 in its entirety and insert the following: 1. 30 days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. SC-15.03 Substantial Completion Add a new paragraph immediately after Paragraph 15.03.A which reads as follows: 1. For this Work, Substantial Completion is further defined as follows: a. All coatings prep and new coatings complete b. Interior wet coatings fully cured c. Water tower disinfected with passing bacteria tests and placed back into service. SC-15.05 Final Inspection Add the following language after the second sentence of Paragraph 15.05.A: If, after such measures are taken, subsequent inspections by Engineer reveal that any of the previously identified particulars remain incomplete or defective, Engineer will again notify Contractor in writing of the remaining particulars. All costs associated with any subsequent inspections in which said remaining particulars are revealed, will be documented by Engineer and paid by Contractor to Owner. SC-15.06.A Final Payment Add the following new paragraph immediately after Paragraph 15.06.A.3: 4. Before final application for payment is made for the work, Contractor must make satisfactory showing of compliance with M.S.A. §290.92 which requires the withholding of state income taxes for wages paid employees on this project. Submittal of Certificate of Compliance from the Commissioner of Taxation to the Owner will satisfy this requirement. Contractor is advised that before such certificate can be issued, he must first place on file with the Commissioner of Taxation an affidavit that he has complied with the provisions of M.S.A. §290.92. The required affidavit form will be supplied by the Minnesota Commissioner of Taxation on request. SC-15.08 Correction Period Delete Paragraph 15.08.A in its entirety and insert the following in its place: A. If within five year after the date of Final Payment (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 Supplementary Conditions COTTG 165472 00 73 00 - 9 be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. END OF DOCUMENT Supplementary Conditions 00 73 00 - 10 COTTG 165472 SECTION 01 11 00 SUMMARY OF WORK PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Work Included in Contract Documents 2. Contract Information 3. Contractor Use of Premises 4. Occupancy Requirements 5. Work Restrictions 1.02 WORK INCLUDED IN CONTRACT DOCUMENTS A. Description of the Project: nd 1. Reconditioning of the 0.5 M Gallon Pine Hill Spheroid Water Tower located near 7128 92 Street South Cottage Grove, MN 55016. 1.03 CONTRACT INFORMATION A. Type of Contract: Owner will award a Single Prime Contract. B. Scope of Contract: 1. This Contractor is solely responsible for the Work. 2. The Contract will include: a. Contract Forms: 1) Agreement 2) Performance Bond 3) Payment Bond 4) Certificates b. Conditions of the Contract: 1) General Conditions 2) Supplementary Conditions c. Specifications: 1) Division 1 - General Requirements 2) Applicable Technical Sections d. Addenda e. Contract Modifications 1.04 CONTRACTOR USE OF PREMISES A. Provide necessary security to prevent vandalism to facility during non-work hours. B. Confine operations at Site to areas permitted under contract or as directed by Owner. C. Conform to site rules and regulations affecting Work while engaged in Project construction. D. Existing Structures: 1. Keep existing driveways and adjacent streets clear and available to public in accordance with Owner’s or local authority’s requirements. 2. Maintain buildings in weathertight condition throughout the construction period. 3. Repair damages caused to existing public and private property and structures due to operations of Contractor to the satisfaction of, and at no additional cost to Owner. Summary of Work COTTG 165472 01 11 00 - 1 4. Take complete field measurements affecting all existing construction, wiring, piping, and equipment in this Contract, and assume responsibility for proper fit between Work and existing structures and other equipment. E. Construction personnel may park only in areas designated by the Owner. F. Nonsmoking Building: Smoking is not permitted within the building or within 25 feet of entrances, operable windows, or outdoor air intakes. G. Damaged Property: 1. Patch and/or clean existing improvements and restore damage of property on, or adjacent to Site occasioned by this Work, including, but not limited to, lawns, walks, curbs, pavements, roadways, structures, and utilities which are cut or damaged by operations and are not designated for removal, relocation, or replacement in the course of construction. 2. Public Property or Utilities: Comply with laws, ordinances, rules, regulations, standards, orders of utility owner or any public authority having jurisdiction. 3. Provide written acceptance of restoration work by authority or Owner. 1.05 OCCUPANCY REQUIREMENTS A. General Requirements: 1. Cooperate with Owner to minimize conflict and to facilitate Owner’s operations. 2. Schedule the Work to accommodate this requirement. 3. Coordinate activities which could cause interruption to Owner’s activities. 4. Provide not less than 72 hours’ notice to Owner of activities that will affect Owner’s operations. B. Owner Occupation During Construction: 1. Owner will occupy the premises during entire construction period, with the exception of areas under construction. a. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities, unless receiving written permission from Owner and authorities having jurisdiction. b. Maintain existing exits, unless otherwise indicated. C. Owner Occupancy of Completed Areas of Construction: 1. Owner reserves the right to place and install equipment as necessary in completed areas of the facilities and to occupy such completed areas prior to Substantial Completion in accordance with the Supplementary Conditions. Such use shall not constitute acceptance of such portions of the Work or relieve the Contractor of any obligations except for improper use or damage caused by employees or agents of Owner. 2. Obtain a Certificate of Occupancy from authorities having jurisdiction before Owner occupancy. 3. Mechanical and electrical systems shall be fully operational and required tests and inspection successfully completed. 4. On occupancy, Owner will operate and maintain mechanical and electrical systems serving occupied portions of building. 5. On occupancy, Owner will assume responsibility for maintenance and custodial service for occupied portions of building. 1.06 WORK RESTRICTIONS A. On-Site Work Hours: 1. Normal business working hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 7:00 p.m. Saturday (48 hour notice and permission required). Contractor will not perform Work on a Sunday, or any legal holiday. Contractor may perform Work outside these hours and days only with Owner’s written consent, which will not be unreasonably withheld. 2. Refer to Section 00 73 00 Supplementary Conditions, Article SC-7.03 for additional Contractor obligations with regard to work after normal business hours. B. Water Tower Operations: 1. Coordinate draining and filling of water tower with Owner. Summary of Work 01 11 00 - 2 COTTG 165472 2. Operation of valves shall not be made except by Owner. 3. Operation of fire hydrants shall not be made except by Owner. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Summary of Work COTTG 165472 01 11 00 - 3 This Page Left Blank Intentionally SECTION 01 23 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Alternates to be submitted to Owner with Bid for consideration of inclusion with Contract. 2. Submittal procedures. 3. Establishment of Contract Price and Time. B. Related Sections: 1. Document 00 21 13 - Instructions to Bidders: Award of Contract 2. Document 00 41 00 - Bid Form: Bid for each Alternate 3. Notice of Award: Alternates accepted by Owner for incorporation into Work 1.02 DEFINITION A. Alternate: The net amount to be added to or deducted from the Base Bid Price for Work identified in Schedule of Alternates. 1.03 PROCEDURES A. Determine the full extent of Work affected by proposed Alternates. B. Coordinate related work and modify adjacent work as required to ensure that each accepted Alternate is complete and fully integrated into Work. C. Include as part of each Alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate. D. Substitutions are permitted. Submit a request for substitution for any manufacturer not named in accordance with Section 01 25 13. E. Conform to Contract Documents for requirements for performance, appearance, workmanship, and materials not modified under the alternate bids. 1.04 SELECTION AND AWARD OF ALTERNATES A. Acceptance or Rejection: Alternates quoted on Schedule of Alternates and attached to Bid will be reviewed and accepted or rejected at the Owner’s option. None, any, or all alternates may be accepted or rejected by Owner. B. Bids will be evaluated on the Base Bid. After selection of a Contractor, consideration will be given to alternates and Base Bid Price adjustments. C. Accepted alternates will be reflected in the final Contract price. PART 2 PRODUCTS Not Used Alternates COTTG 165472 01 23 00 - 1 PART 3 EXECUTION 3.01 SCHEDULE OF ALTERNATES A. Alternate A: Total 10 Year Warranty (Add Additional 5 Years to base bid 5-year warranty) END OF SECTION Alternates 01 23 00 - 2 COTTG 165472 SECTION 01 25 13 PRODUCT SUBSTITUTION PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Administrative and procedural requirements for handling requests for substitutions. 1.02 DEFINITIONS A. Definitions used in this Article are not intended to change or modify the meaning of other terms used in the Contract Documents. B. Substitutions: Requests for changes in products, materials, equipment and methods of construction required by Contract Documents proposed by Contractor. C. The following are not considered substitutions: 1. Revisions to Contract Documents requested by Owner or Engineer. 2. Specified options of products and construction methods included in Contract Documents. 3. Contractor’s determination of and compliance with governing regulations and orders issued by governing authorities. 1.03 SUBMITTALS A. Substitution Request Prior to Bid: For a Product Substitution to be considered, the following conditions must be met: 1. All requests must be submitted in writing no later than 10 calendar days prior to the date for receipt of the bids. 2. Faxed submittals will not be considered. 3. Submit each request for substitution (one material or product per form) on the attached “Substitution Request Form” attached at the end of this section (either duplicated from the Project Manual or available from Engineer’s office) together with a self-addressed, stamped envelope. Submittals not accompanied by this form properly filled in and endorsed will be discarded without review. NO EXCEPTIONS. 4. Identify any impact of the substituted product on related items. 5. Approved items will be listed in addenda. Requests for substitution will be returned in the self- addressed, stamped envelope provided by bidder at Engineer’s earliest convenience. B. All substitutions permitted on addenda must meet or exceed requirements of the specifications including, but not limited to: 1. Warranty. C. Substitution Request After Bid: Requests for substitution will be considered if received within 60 days after commencement of the work. Requests received more than 60 days after commencement of the work may be considered or rejected at the discretion of Engineer. 1. Submit 3 copies of each request for substitution for consideration. Submit requests in the form and in accordance with procedures required for change order proposals. 2. Identify the product, or the fabrication or installation method to be replaced in each request. Include related specification section and Drawing numbers. 3. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Product data, including drawings and descriptions of products, fabrication and installation procedures. b. Samples, where applicable or requested. Product Substitution Procedures COTTG 165472 01 25 13 - 1 c. A detailed comparison of significant qualities of the proposed substitution with those of the work specified. Significant qualities may include elements such as size, weight, durability, performance and visual effect. d. Coordination information, including a list of changes or modifications needed to other parts of the work and to construction performed by Owner and separate contractors, that will become necessary to accommodate the proposed substitution. e. A statement indicating the substitution’s effect on Contractor’s construction schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall contract time. f. Cost information, including a proposal of the net change, if any in the contract sum. g. Certification by Contractor that the substitution proposed is equal-to or better in every significant respect to that required by the Contract Documents, and that it will perform adequately in the application indicated. h. Include Contractor’s waiver of rights to additional payment or time, which may subsequently become necessary because of the failure of the substitution to perform adequately. D. Substitution Conditions: 1. Contractor’s substitution request will be received and considered by Engineer when one or more of the following conditions are satisfied, as determined by Engineer, otherwise requests will be returned without action except to record noncompliance with these requirements: a. Extensive revisions to Contract Documents are not required. b. Proposed changes are in keeping with the general intent of Contract Documents. c. The request is timely, fully documented and properly submitted. d. Contractors and suppliers will be expected to provide the specified product unless prior approval is received from Engineer’s office in sufficient time so that all bidders can be notified through an addendum. e. The specified product or method of construction cannot be provided within the contract time. The request will not be considered if the product or method cannot be provided as a result of failure to pursue the work promptly or coordinate activities properly. f. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. g. A substantial advantage is offered to Owner, in terms of cost, time, energy conservation, or other considerations of merit, after deducting offsetting responsibilities Owner may be required to bear. Additional responsibilities for Owner may include additional compensation to Engineer for redesign and evaluation services, increased cost of other construction by Owner, or separate contractors, and similar considerations. h. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where Contractor certifies that the substitution will overcome the incompatibility. i. The specified product or method of construction cannot be coordinated with other materials, and where Contractor certifies that the proposed substitution can be coordinated. j. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where Contractor certifies that the proposed substitution provides the required warranty. k. Where a proposed substitution involves more than one prime contractor, each contractor shall cooperate with the other contractors involved to coordinate the work, provide uniformity and consistency, and to assure compatibility of products. E. Limitations: Contractor’s submittal and Engineer’s acceptance of Shop Drawings, Product Data, or Samples that relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. F. Substitution Causing Redesign: Engineer time for redesign as a result of substitution, will be charged to Owner, then deducted by Construction Change Directive from Contract Amount. G. Engineer’s Action: 1. Request Prior to Bid: If approved, substitution will be included in an addendum. Product Substitution Procedures 01 25 13 - 2 COTTG 165472 2. Request After Bid: a. If necessary, within one week of receipt of the request for substitution, Engineer will request additional information or documentation necessary for evaluation of the request. b. Within two weeks of receipt of the request, or one week of receipt of the additional information or documentation, whichever is later, Engineer will notify Contractor of acceptance or rejection of the proposed substitution. c. If a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the product specified by name. d. Acceptance will be in the form of a change order. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Product Substitution Procedures COTTG 165472 01 25 13 - 3 SUBSTITUTION REQUEST FORM TO: Attn: Jana Nyhagen Short Elliott Hendrickson Inc. 326 S Main St Suite 100 Rice Lake, WI 54868 715.861.4869 jnyhagen@sehinc.com PROJECT:Water Storage Tank Rehabilitation – Pine Hill 0.5 MG Spheroid, Cottage Grove, MN SECTION NO. ARTICLE NO. SPECIFIED PRODUCT PROPOSED SUBSTITUTION A. Does the substitution affect dimensions shown on Drawings? Yes No B. Does the substitution affect other trades? Yes No C. Does the manufacturer’s guarantee differ from that specified? Yes No D. If you indicated “Yes” to Items A, B, or C above, attach a thorough explanation on your company letterhead. E. If there are other differences between proposed substitution and specified product, attach a thorough explanation on your company letterhead. If differences are not noted and acknowledged in writing by Engineer, product must comply with specification requirements. F. The proposed substitution was used within the last 24 months on the following project: Project Name Location Engineer Telephone No. G. Has the proposed substitution been used on an SEH project within the last 12 months? Yes No If yes, which project? All questions must be answered. Incomplete forms will not be reviewed. Submitted By: ______________________________ For Use by Design Consultant Not Accepted, Not Enough Information Signature Not Accepted, Does Not Appear to be Equal Accepted Accepted as Noted Firm Received Too Late By Address Date Remarks Date _________________________________ Phone E-mail Product Substitution Procedures 01 25 13 - 4 COTTG 165472 SECTION 01 29 10 APPLICATIONS FOR PAYMENT PART 1 GENERAL 1.01 SUMMARY A. Procedures for Administration of Applications for Payment: 1. Schedule of Values: a. Coordination. b. Format and Content. c. Breakdown Detail. d. Schedule Updating. 2. Application for Payment: a. Coordination. b. Format. c. Typical Application. 3. Additional Requirements: a. Initial Application. b. Substantial Completion. c. Final Payment. B. Related Sections: 1. Document 00 73 00 - Supplementary Conditions 2. Section 01 33 00 - Submittal Procedures 3. Section 01 77 00 - Closeout Procedures 1.02 SCHEDULE OF VALUES A. Coordinate preparation of Schedule of Values with preparation of Construction Schedule. B. Format and Content: 1. Include following Project identification on Schedule of Values: a. Project name and location. b. Name of Engineer. c. Engineer’s Project number. d. Contractor’s name and address. e. Date of submittal. 2. Use Project Manual Table of Contents as guide to establish format for Schedule of Values. 3. Arrange Schedule of Values in tabular form with separate columns to indicate following for each item listed: a. Generic name. b. Related specification Section. c. Name of subcontractor, if any. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers) that affect value. g. Dollar value. h. Round amounts to nearest whole cent; total to equal Contract Sum. i. Percentage of Contract Sum to nearest 1 percent, adjusted to total 100 percent. C. Breakdown Detail: 1. Provide breakdown of Contract Sum in sufficient detail to facilitate continued evaluation of Applications for Payment and progress reports. 2. Break principal subcontract amounts down into several line items. Applications for Payment COTTG 165472 01 29 10 - 1 D. Schedule Updating: Update and resubmit Schedule of Values when Change Orders or Construction Change Directives result in change in Contract Sum. 1.03 APPLICATIONS FOR PAYMENT A. Coordination: Each application for payment shall be consistent with previous applications and payments as certified by Engineer and paid by Owner. B. Application for Payment Forms: AIA Document G702 and Continuation Sheets G703. C. Typical Application: 1. Payment Application Times: Each progress payment date is indicated in either the Supplementary Conditions, the Agreement, or as set at the Preconstruction Meeting. 2. Period of Work Covered: Length of time for construction Work covered by each Application for Payment is indicated in the Agreement or as set at the Preconstruction Meeting. 3. Preparation: a. Complete every entry on form, including notarization and execution by person authorized to sign legal documents on behalf of Contractor. b. Incomplete applications will be returned without action. c. Entries must include data on Schedule of Values and Contractor’s Construction Schedule. Use updated schedules if revisions have been made. d. Include amounts of Change Orders and Construction Change Directives issued prior to last day of construction period covered by application. 4. Transmittal: Submit 3 executed copies of each Application for Payment to Engineer by means ensuring timely receipt. 1.04 ADDITIONAL REQUIREMENTS A. Initial Application for Payment: 1. Coordinate submittals as required by Section 01 33 00. 2. Applications for Payment will not be considered if copies of required submittals have not been received by Engineer. B. Substantial Completion: 1. Coordinate submittals as required by Sections 01 33 00 and 01 77 00. 2. Administrative actions which must precede or coincide with submittal of Substantial Completion Application for Payment include: a. Change of door locks to Owner’s access. 3. Following issuance of Certificate of Substantial Completion, submit Application for Payment. 4. Applications for Payment will not be considered if copies of required submittals have not been received by Engineer. C. Final Payment Application: 1. Coordinate submittals as required by Sections 01 33 00 and 01 77 00. 2. Administrative actions which must precede or coincide with submittal of final Application for Payment include: a. Completion of Project requirements. b. Completion of items specified for completion after Substantial Completion. c. Assurance that unsettled claims will be settled. d. Assurance that Work not complete and accepted will be completed without undue delay. e. Removal of temporary facilities and services. f. Removal of surplus materials, rubbish, similar elements. g. Final cleaning. 3. Applications for Payment will not be considered if copies of required submittals have not been received by Engineer. Applications for Payment 01 29 10 - 2 COTTG 165472 PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Applications for Payment COTTG 165472 01 29 10 - 3 This Page Left Blank Intentionally SECTION 01 31 13 COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Project Coordination 2. Job Site Administration 1.02 COORDINATION BY GENERAL CONTRACTOR A. Coordinate use of premises under direction of Owner. B. Coordinate scheduling, submittals, and Work to ensure efficient and orderly sequence of installation. 1. Coordinate activities for mutual benefit and cooperate to facilitate the general progress of the Work. 2. Each subcontractor shall be thoroughly familiar with all provisions governing the Work of other contractors, and shall obtain from such contractors all information as may be required to coordinate Work with theirs. 3. Each trade shall perform its Work in proper sequence and arrangement in relation to other activities and shall join his Work to that of others in accordance with the intent of the Drawings and specifications. 4. Each trade shall give due notice and proper information for any special provisions necessary in the placing or setting of Work that may come in contact with Work of other contractors. C. Inspect the Contract Documents for Work of others that is inter-related, and afford other trades every reasonable opportunity for the installation of their Work. Coordinate Work of various specification sections having interdependent responsibilities. D. Prepare coordination drawings where off-site fabricated products and materials are by separate entities and must accurately interface. Coordination drawings shall indicate how Work, shown by separate Shop Drawings, will interface and shall indicate sequence for installation. E. Coordinate space requirements and installation of mechanical and electrical Work. 1. Follow routing shown for pipes, ducts, and conduit as closely as practicable; place runs parallel with line of building. 2. Utilize space efficiently to maximize accessibility for other installations, maintenance, and repairs. 3. Conceal pipes, ducts, and wiring within the construction in finished areas, except as otherwise indicated. 4. Coordinate locations of fixtures and outlets with finish elements. 5. All final decisions as to the right-of-way and run of interfering pipes, ducts, etc., shall be made by Engineer at Project meetings. 1.03 JOB SITE ADMINISTRATION A. Supervise and direct the Work. Employ and maintain a full time, qualified supervisor or superintendent to act as Contractor’s representative at the Site. B. Enforce good order and conduct among contractors, installers, and construction employees. C. Require installers to inspect conditions under which Work is to be performed. Installer shall report all unsatisfactory conditions in writing to Contractor. Do not proceed with Work until unsatisfactory conditions have been corrected. Coordination COTTG 165472 01 31 13 - 1 D. Where installations include manufactured products, comply with manufacturer’s applicable instructions and recommendations for installation to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents. Where manufacturer provides contradictory instructions, notify Engineer immediately and request clarifications. E. Recheck measurements and dimensions of the Work, as an integral step of starting each installation. F. Coordinate enclosure of Work with required inspections and tests, so as to minimize necessity of uncovering Work for that purpose. G. Where mounting heights are not indicated, mount individual units of work at industry recognized standard mounting heights for the particular application indicated. Refer questionable mounting height choices to Engineer. H. Supervise performance of the Work to ensure that none of the Work, whether completed or in progress, will be subjected to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. I. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damaging effects. J. Coordinate completion and clean up of Work. 1.04 SUBMITTALS A. Provide listing of Contractor’s principal staff assignments and consultants, including name, home and work addresses, and telephone numbers. B. Provide supervisor’s or superintendent’s name, home and work address, and telephone numbers. C. Provide names, work address, telephone numbers, samples of signature, and limits of authority of each individual authorized to sign change orders, field modifications, and monthly pay requests for Contractor. 1.05 FIELD CONDITIONS A. Before ordering material or commencing Work, check and verify all dimensions and conditions. Notify Engineer of any omissions or discrepancies immediately. B. Field measurements shall be furnished in a timely manner to suppliers and fabricators who require them to complete their Work. Ascertain the requirement for such measurements at the earliest practical date and make every reasonable effort to expedite the affected Work. C. Conflicts: Engineer has exercised reasonable professional care to ensure there are no conflicts between the Work of the various trades. Such conflicts, however, may exist and no warranty to the contrary is made or implied. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Coordination 01 31 13 - 2 COTTG 165472 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Requirements Included: 1. Procedures 2. Construction Progress Schedule 3. Schedule of Values 4. Shop Drawings 5. Product Data 6.Samples 7. List of Proposed Subcontractors 8. List of Proposed Suppliers 9. Material Safety Data Sheets 10. Payment Schedule 1.02 PROCEDURES A. Deliver submittals to Engineer at address listed in Project Manual or electronically to the email address listed in the Project Manual with a corresponding Transmittal. B. Transmit each item under Engineer-accepted form. 1. Identify Project, Contractor, subcontractor, major supplier. 2. Identify pertinent Drawing sheet and detail number, and specification Section number. 3. Identify deviations from Contract Documents. 4. Provide space for Engineer and consultant review stamps. C. Submit initial progress schedules and schedule of values in duplicate within 10 days after date of Owner-Contractor Agreement. After review by Engineer, revise and resubmit as required. D. Submit revised schedules with each Application for Payment, reflecting changes since previous submittal. E. Comply with progress schedule for submittals related to Work progress. Coordinate submittal of related items. F. After Engineer review of submittal, revise and resubmit as required, identifying changes made since previous submittal. G. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions. 1.03 CONSTRUCTION PROGRESS SCHEDULE A. Submit horizontal bar chart with separate bar for each major trade or operation, identifying first work day of each week. 1.04 SCHEDULE OF VALUES A. Submit typed schedule on Contractor’s standard form. B. Format: 1. Table of Contents of this Project Manual. Submittal Procedures COTTG 165472 01 33 00 - 1 2. Identify each line item with number and title of the major technical sections. C. Include in each line a directly proportional amount of Contractor’s overhead and profit. D. Revise schedule to list Change Orders for each application for payment submittal. 1.05 SHOP DRAWINGS A. Shop Drawings will not be accepted for review by Engineer until after they have been checked and approved by the Contractor as evidenced by his approval stamp and signature. B. Submit all Shop Drawings to Engineer at address listed in Project Manual or electronically in .pdf format to the email address listed in the Project Manual with a corresponding Transmittal. C. Submit showing system fabrication, installation drawings including plans, elevations, section details of components, and configuration between system and adjoining systems. 1.06 PRODUCT DATA A. Mark each copy to identify applicable products, models, options, testing compliance, warranty, and other data; supplement manufacturers’ standard data to provide information unique to the Work. B. Submit all Product Data electronically to Engineer at address listed in Project Manual or electronically in .pdf format to the email address listed in the Project Manual with a corresponding Transmittal. C. Submit manufacturer’s printed instructions for delivery, storage, assembly, installation start-up, adjusting, finishing, and maintenance. 1.07 SAMPLES A. Submit full range of manufacturer’s standard colors, textures, and patterns for Engineer’s selection. Submit samples for selection of finishes within 10 days after date of Contract. B. Submit samples to illustrate functional characteristics of the product, with integral parts and attachment devices. Coordinate submittal of different categories for interfacing Work. C. Include identification on each sample, giving full information. D. Submit the number specified in respective specification section; 1 will be retained by Engineer. Reviewed samples that may be used in the Work are indicated in the technical sections. E. Field Samples: 1. Provide field samples of finishes as required by individual technical section. 2. Install sample complete and finished. 3. Acceptable samples in place may be retained in completed Work. 1.08 LIST OF PROPOSED SUBCONTRACTORS A. Submit a list of subcontractors who will provide Work on the Project. B. The submitted list shall include: 1. Name of Subcontractor 2. Address 3. Type of work to be provided 4. Contact list for administrative and supervisory personnel. 1.09 LIST OF PROPOSED SUPPLIERS A. Submit a list of suppliers who will provide materials, equipment or components principle to the Work. Submittal Procedures 01 33 00 - 2 COTTG 165472 B. The submitted list should include: 1. Name of supplier. 2. Address. 3. Equipment, material or component to be provided. 4. Contact list for administrative and supervisory personnel. 1.10 MATERIAL SAFETY DATA SHEETS A. Submit SDS to the Site on all products with chemical emissions and as called for in individual technical sections. 1.11 PAYMENT SCHEDULE A. Submit anticipated monthly payment schedule within 30 days after award of Contract, when requested by Engineer. B. Update whenever payment requests vary from the schedule by more than 10 percent. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Submittal Procedures COTTG 165472 01 33 00 - 3 This Page Left Blank Intentionally SECTION 01 35 60 COORDINATION OF WORK WITH EXISTING ANTENNA SYSTEMS PART 1 GENERAL 1.01 SUMMARY A. There are antenna systems and coaxial transmission lines in service on this facility. The antenna systems serve a mobile and point-to-point communication networks. 1.02 DEFINITIONS A. Coaxial: A metal conductor surrounded by a non-conductivity dielectric (insulator) covered by a concentric metal shell and encased in an outer shell of polymeric jacketing. B. Tenant: Owner of an antenna system. 1.03 ANTENNA DESCRIPTIONS A. The antennas fall into one of the following categories: 1. Type 1: a. Omni-directional rod type antennas providing a 360-degree coverage pattern. 2. Type 2: a. Semi-directional including panel, sectorized, and Yagi type antennas, with a 60 to 120 degree directional pattern. 3. Type 3: a. Highly-directional parabolic dish type antenna emitting a narrow cone beam for point-to-point links. 1.04 TRANSMISSION LINE DESCRIPTIONS A. A coaxial transmission line connects each antenna to radio equipment located on the ground in a sheltered area. All transmission lines are coaxial and vary in diameter. These transmission lines may be damaged if they are sprayed with corrosive chemicals, paint, or if they are sandblasted. Thus, all transmission lines must be protected at all times with coverings that prevent the paint removal chemicals, sandblasting material, or the paint to contact the outer surface of the transmission lines. B. The transmission lines can also be damaged if they are bent to a radius of less than the minimum recommended by the cable manufacturer. The bending limits for the transmission lines are as follows: Minimum Bending Cable Outer Diameter Radius 1/2 inch 5 inch 7/8 inch 10 inch 1 5/8 inch 20 inch 2 1/4 inch 22 inch C. Transmission lines that are damaged as a result of excessive bending must be replaced in their entirety from the radio equipment to the antenna. They cannot be straightened, patched, or spliced. D. Tenants: 1. AT&T. 2. City of Cottage Grove. Coordination of Work with Existing Antenna Systems COTTG 165472 01 35 60 - 1 1.05 RESPONSIBILITIES A. Tenant Responsibility: 1. Each tenant will be notified prior to the beginning of this Project in accordance with their lease agreement with the tank owner. They will be required to provide: a. Pre and post testing of equipment as conducted by a qualified third party. b. Background information on equipment related to worker Right-to-Know. 2. Tenant will be required to provide contact information for coordination of: a. Equipment protection. b. Equipment removal/replacement. c. Temporary sector shutdown/ re-activation. 3. Tenant, in accordance with their lease, will be responsible for any removal (prior to project commencement) and reinstallation of: a. Antennas. b. Coaxial cables. c. Detachable equipment brackets and covers. 4. Tenant is responsible for painting of: a. Antenna panels. b. Detachable equipment. B. Contractor Responsibility: 1. Provide personal monitors for identification of non-ionizing radiation exposure to all employees entering identified warning areas, and those working directly in front of in-place antennas. 2. Coordinate the Work of this Contract with work performed under separate contracts. 3. Coordinate scheduling of temporary sector shutdown(s) and re-activation with each tenant. 4. Coordinate seal welding of any unused penetrations with each tenant. 5. Perform Work around protected telecom ground equipment in manner that will not damage equipment. 6. Review protections measures with Engineer and notify Owner if Tenant protection measures at any time appear to be inadequate for protection from Contractor’s Work. C. Owner (Landlord) Contact: 1. City of Cottage Grove – Rick Alt, 651.458.2842 PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Coordination of Work with Existing Antenna Systems 01 35 60 - 2 COTTG 165472 SECTION 01 51 36 TEMPORARY WATER PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Availability of Water for Construction. B. Related Sections: 1. Section 09 97 13 - Coating Systems for Water Storage Tanks 1.02 DESCRIPTION A. Water is available from the City of Cottage Grove. B. City will establish rates and/or conditions. C. Distribution shall be the responsibility of the Contractor. D. Keep water use to minimum and consistent with needs. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Temporary Water COTTG 165472 01 51 36 - 1 This Page Left Blank Intentionally SECTION 01 52 19 TEMPORARY SANITARY FACILITIES PART 1 GENERAL 1.01 SUMMARY A. Provide temporary closet or privy. B. Maintain throughout Project duration. C. Type and location subject to Engineer’s approval. D. Remove upon completion of Project. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Temporary Sanitary Facilities COTTG 165472 01 52 19 - 1 This Page Left Blank Intentionally SECTION 01 73 29 CUTTING AND PATCHING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Procedures for administration of cutting and patching of existing structures and buildings. a. Submittals. b. Quality assurance. 2. Materials. 3. Examination: Site conditions. 4. Preparation: a. Temporary Support. b. Protection. 5. Construction: a. Special techniques. b. Interface with others. 6. Cleaning. B. Related Sections: 1. Section 01 33 00 - Submittal Procedures 2. Individual Specification Sections inferred by Cutting and Patching required. 1.02 SUBMITTALS A. Refer to Section 01 33 00. B. Schedules: 1. Initial Schedule: a. 5 days prior to proposed start of work, submit to Engineer 6 copies of schedule of work involving cutting or patching. 2. Utility Schedule: a. Include with initial schedule the following utility information: 1) Which utilities will be disturbed or affected, including those that will be relocated or temporarily out-of-service. 2) Length of time service will disrupted. 3. Revised Schedules: Submit 6 copies of updated schedules not less than once per week. C. Structural Elements: Where cutting and patching involves addition to reinforcement to structural elements, submit 6 copies of Shop Drawings including all details and structural calculations showing how reinforcement is integrated with the original structure. 1.03 QUALITY ASSURANCE A. Qualifications: 1. Personnel: Employ skilled workers. B. Regulatory Requirements: 1. Structural Work Limitations: a. Do not cut and patch structural elements in manner to reduce load-carrying capacity or load- deflection ratio. Obtain acceptance of cutting and patching proposal before cutting and patching following structural elements: 1) Foundation construction. 2) Bearing walls. Cutting and Patching COTTG 165472 01 73 29 - 1 3) Structural concrete. 4) Structural steel. 5) Lintels. 6) Structural decking. 7) Miscellaneous structural metals. 8) Equipment supports. b. Operational and Safety Limitations: 1) Do not cut and patch operating elements or safety related components in manner to reduce their capacity to perform as intended, or result in increased maintenance or decreased operational life and safety. Obtain acceptance of cutting and patching proposal before cutting operating elements or safety related systems. C. Preinstallation Meetings: Before proceeding, meet at Site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures, resolve potential conflicts before proceeding. PART 2 PRODUCTS 2.01 MATERIALS A. Identical to existing materials. If not available or not usable where exposed surfaces are involved, match existing adjacent surfaces to fullest extent possible with regard to visual effect. Use materials whose installed performance equals or surpasses that of existing materials. PART 3 EXECUTION 3.01 EXAMINATION A. Site Conditions: Before cutting existing surfaces, examine surfaces to be cut and patched and conditions under which cutting and patching is to be performed. If unsafe or unsatisfactory conditions are encountered, correct before proceeding. 3.02 PREPARATION A. Temporary Support: Provide temporary support of work to be cut. B. Protection: 1. Prevent damage to existing construction. Protect portions of project that might be exposed during work from adverse weather conditions. 2. Avoid interference with use of or free passage to adjoining areas. 3. Take necessary precautions to avoid cutting existing pipe, conduit, and ductwork. 3.03 CONSTRUCTION A. Special Techniques: 1. Cutting: a. General: 1) Use methods least likely to damage elements to be retained or adjoining construction. Cut holes and slots neatly to size required with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2) Equipment: a) Hand or small power tools designed for sawing or grinding. For concrete and masonry, use cutting machine such as carborundum saw or diamond core drill. 3) Existing finished surfaces: Avoid marring; cut or drill from exposed or finished side into concealed surfaces. 4) Excavating and Backfilling: Comply with requirements of applicable Sections of Division 31. Cutting and Patching 01 73 29 - 2 COTTG 165472 5) Utility services: a) Where services are shown or required to be removed, relocated or abandoned, bypass before cutting. b) Cut off pipe or conduit in walls or partitions to be removed. c) Cap, valve or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture, other foreign matter after by-passing and cutting. B. Interface with Others: Cut to provide for installation of other components or performance of the reconstruction activities and subsequent fitting and patching required to restore surfaces to original condition. 3.04 CLEANING A. Thoroughly clean areas, spaces where cutting and patching is performed or used as access. Remove completely paint, mortar, oils, putty, similar items. Thoroughly clean piping, conduit, similar features before painting or other finishing is applied. Restore damaged pipe covering to original condition. END OF SECTION Cutting and Patching COTTG 165472 01 73 29 - 3 This Page Left Blank Intentionally SECTION 01 77 00 CLOSEOUT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Administrative and procedural requirements for contract closeout, including: 1. Submittals. 2. Inspection procedures. 3. Warranties. 4. Record document submittals. 5. Final cleaning. 6. Pest control. B. Related Sections: 1. Specific requirements for individual units of work are included in appropriate technical sections 1.02 SUBSTANTIAL COMPLETION A. Complete the following before requesting Engineer’s inspection for certification of Substantial Completion for each phase of work. List items that are incomplete in request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Obtain, submit releases enabling Owner unrestricted use of the Work and access to services and utilities. 3. Regulatory requirements: a. Where required, obtain occupancy permits, operating certificates, similar releases. 4. Bonding and insurance: a. Consent of Surety to Reduction In or Partial Release of Retainage (if Performance Bond provided). b. Advise Owner of pending insurance change-over-requirements (if Builder’s Risk Insurance is provided by Contractor). B. Inspection Procedures: 1. When prerequisites are complete, submit request in writing to Engineer stating that all requirements are satisfied, and requesting inspection. 2. Upon receipt of Contractor’s request for inspection, Engineer will either proceed with inspection or advise Contractor of unfilled prerequisites. 3. Following initial inspection, Engineer will either prepare Certificate of Substantial Completion, or advise Contractor of work which must be performed before certificate will be issued. Engineer will repeat inspection when requested and when assured that work has been substantially completed. 4. Results of completed inspection will form the basis of requirements for Final Acceptance. 1.03 FINAL ACCEPTANCE A. Before requesting final inspection for determining date of Final Completion, complete the following: 1. Submittals: a. Lien Waivers (from all subcontractors and suppliers). b. Certificate of Substantial Completion (AIA G704) - 3 copies. c. Contractor’s Affidavit of Payment of Debts and Claims (AIA G706). d. Contractor’s Affidavit of Release of Liens (AIA G706A). e. Consent of Surety (if Performance Bond provided). 1) To Partial Release of Retainage (AIA G707A). 2) To Final Payment (AIA G707). f. Assurance that unsettled claims will be settled. Closeout Procedures COTTG 165472 01 77 00 - 1 g. Proof that fees and similar obligations have been paid. h. Evidence of final, continuing insurance coverage complying with insurance requirements. i. Form IC-134, Affidavit for Obtaining Final Settlement of Contract with State of Minnesota and any of its Political or Governmental Subdivisions. j. Notarized certification of compliance with wage rate requirements. k. Certified copy of Engineers’ final punch list of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance and has been endorsed and dated by Engineer otherwise resolved for acceptance and has been endorsed and dated by Engineer. 2. Warranties: Submit specific warranties, workmanship/maintenance bonds, maintenance agreements, final certifications, similar documents on, but not limited to, the following items: a. Tank components. b. Coatings. 3. Miscellaneous Record Submittals: a. Refer to other sections of specifications for requirements of miscellaneous record keeping and submittals in connection with actual performance of work. b. Complete miscellaneous records, place in good order, properly identified and bound or filed, ready for continued use and reference. 4. Records: a. Waste disposal records. b. Water testing records. c. Startup performance reports. B. Record Drawings: Submit to Engineer a set of record prints marked to show “as-built” conditions for work of contract. C. Adjusting: 1. Repair and restore marred exposed finishes. 2. Touch up of painting of marred surfaces. 3. Complete final cleaning requirements. D. Final Payment Request: 1. Include certificates of insurance for products and completed operations where required. 2. Updated final statement, accounting for final additional changes to Contract Sum. 3. Final liquidated damages settlement statement, acceptable to Owner. E. Re-inspection Procedure: 1. Engineer will re-inspect work upon receipt of notice that work, including punch list items resulting from earlier inspections, has been completed, except for items whose completion has been delayed because of circumstances that are acceptable to Engineer. 2. Engineer will either prepare a certificate of final acceptance, or will advise Contractor of work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 3. If necessary, re-inspection procedure will be repeated. a. Refer to Section 00 73 00 Supplementary Conditions, Article SC-15.05 regarding associated costs with subsequent inspections. 1.04 TRANSFER OF SITE TO OWNER A. Deliver tools, spare parts, extra materials and similar items to location designated by Owner. Label with manufacturer’s name and model number where applicable. B. Change door locks to Owner’s access. Advise Owner’s personnel of changeover in security provisions. C. Submit changeover information related to Owner’s occupancy, use, operation, and maintenance. Closeout Procedures 01 77 00 - 2 COTTG 165472 1.05 OPERATING AND MAINTENANCE INSTRUCTIONS/DEMONSTRATIONS A. Arrange for each installer of operating equipment and other work requiring regular or continuing maintenance, to meet at Site with Owner’s personnel to provide necessary basic instruction in proper operation and maintenance of entire work. Where installers are not experienced in required procedures, include instruction by manufacturer’s representatives. B. Provide a video tape of above procedures if requested by Owner. PART 2 PRODUCTS 2.01 CLEANING AGENTS A. Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. B. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 EXECUTION 3.01 FINAL CLEANING A. Provide final cleaning, following manufacturer’s written instructions. B. Conduct cleaning and waste-removal operations to comply with local laws and ordinances, and federal and local environmental and antipollution regulations. C. Employ experienced workers or professional cleaners for final cleaning. D. Comply with safety standards for cleaning. 1. Do not burn waste materials. 2. Do not bury debris or excess materials on Owner’s property. 3. Do not discharge volatile, harmful, or dangerous materials into drainage systems. 4. Remove waste materials from Site and dispose of lawfully. E. Clean Site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. F. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. 1. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. 2. Rake grounds that are neither planted nor paved to a smooth, even-textured surface. 3. Remove tools, construction equipment, machinery, and surplus material from Site. 4. Remove snow and ice to provide safe access to building. 5. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. 6. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces. 7. Sweep concrete floors broom clean in unoccupied spaces. 8. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compounds and other noticeable, vision-obscuring materials. Replace chipped or broken glass and other damaged transparent materials. Polish mirrors and glass, taking care not to scratch surfaces. 9. Remove labels that are not permanent. Closeout Procedures COTTG 165472 01 77 00 - 3 10. Wipe surfaces of mechanical and electrical equipment, elevator equipment, and similar equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances. 11. Replace parts subject to unusual operating conditions. 12. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting from water exposure. 13. Clean ducts, blowers, and coils if units were operated without filters during construction. 14. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency. Replace burned- out bulbs, and those noticeably dimmed by hours of use, and defective and noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures. END OF SECTION Closeout Procedures 01 77 00 - 4 COTTG 165472 SECTION 02 87 00 HANDLING OF WASTE GENERATED FROM COATING REMOVAL PART 1 GENERAL 1.01 SUMMARY A. Section includes the collection and disposal of waste material that is generated during the removal of coatings from structures. B. Related Sections: 1. Section 09 97 13 - Coating Systems for Water Storage Tanks 1.02 REFERENCES A. ASTM D3335 - Standard Test Method for Low Concentrations of Lead, Cadmium, and Cobalt in Paint by Atomic Absorption Spectroscopy B. Federal Test Method 13Y of 40 CFR 261, Appendix II - Toxicity Characteristic Leaching Procedure (TCLP) C. OSHA 3142 - “Lead in Construction”, and 29 CFR 1926.62 1.03 DEFINITIONS A. Heavy Metals - As Determined by RCRA Include: Arsenic, mercury selenium, chromium, cadmium, lead, silver and barium. B. RCRA - Resource Conservation and Recovery Act, 40 CFR 261. C. “Lead” means metallic lead, all inorganic lead compounds and organic lead soaps. Excluded from this definition are all other lead compounds. D. “Action level” means employee exposure, without regard to the use of respirators, to an airborne 3 concentration of lead of 30 micrograms per cubic meter of air (30 g/m) calculated as an 8-hour time- weighted average (TWA). E. Construction Work: 1. Demolition or salvage of structures where heavy metals and other RCRA regulated compounds or materials containing these substances are present. 2. Removal or salvage of structures where heavy metals and other RCRA regulated compounds or materials containing these substances are present. 3. New construction, alteration, repair or renovation of structures, substrates or portions thereof, that contain heavy metals and other RCRA regulated compounds or materials containing these substances. 4. Installation of products containing heavy metals and other RCRA regulated compounds. 5. Heavy metal and other RCRA regulated compound contamination from emergency cleanup. 6. Transportation, disposal, storage or containment of heavy metals and other RCRA regulated compounds or materials containing these substances on the site or location at which construction activities are performed. 7. Maintenance operations associated with the construction activities described in this paragraph. Handling of Waste Generated from Coating Removal COTTG 165472 02 87 00 - 1 1.04 SUBMITTALS A. Sampling plan and quality control measures relating to TCLP testing of surface coatings in accordance with applicable federal and state random sampling requirements. Preconstruction TCLP analytical results from random sampling shall be submitted as applicable for waste characterization. B. Submit written documentation of Contractor’s compliance with OSHA training requirements including but not limited to OSHA Standard CFR 1926.62 for lead abatement. C. Copy of waste disposal plan in accordance with MPCA regulatory requirements, as applicable to this Project. D. Submit to Engineer and post at the Site applicable environmental and health monitoring information for each individual assigned to the Project. 1. Provide as changes occur, including personal or Site activity. E. Project Closeout: 1. Submit copy of TCLP test results from a certified laboratory, referencing tests for all 8 RCRA metals. 2. Provide copy of sign-in sheet indicating employee use of decontamination facility. 3. Submit copies of all transport documentation in accordance with current EPA requirements. 1.05 EXISTING CONDITION(S) A. There are no known heavy metals present based on complete rehabilitation records. 1. This facility was constructed in 1985. Coating systems provided by the paint manufacturer, at the time of construction, were neither lead nor chromium based. 2. This facility was last painted in 2000. The Painting Contractor was Classic Protective Coatings. The Coating Manufacturer was Tnemec. B. These results are provided for Contractor’s information only and do not eliminate the need for preconstruction sampling by the Contractor. 1.06 QUALITY ASSURANCE A. Qualifications: 1. Where Contractors and their employees may be exposed to heavy metals and other OSHA regulated compounds as defined in Article 1.03. Contractor’s site superintendent must have completed OSHA and/or state approved program covering supervisor/competent person training for deleading of industrial structures. 2. Contractor’s employees must have completed an OSHA approved training program prior to the start of the specified Project containing the following information: a. The content of the standard and its appendices. b. The specific nature of operations that could lead to heavy metals and other OSHA regulated compounds exposure above the action level. c. The purpose, proper selection, fit, use, and limitations of respirators. d. The purpose and a description of the medical surveillance program, and the medical removal protection program. e. The engineering and work practice controls associated with employees’ job assignments. f. The contents of the compliance plan in effect. g. Instructions to employees that chelating agents must not be used routinely to remove heavy metals and other OSHA regulated compounds from their bodies and when necessary only under medical supervision. h. The Right to access records under “Access to Employee Exposure and Medical Records,” 29 CFR 1910.20. 3. All materials relating to the training program and a copy of the standard must be made readily available to all employees. Handling of Waste Generated from Coating Removal 02 87 00 - 2 COTTG 165472 4. Submit previous project details and references, for a minimum of 5 projects, including crew’s experience having performed operations as related to the removal and disposal of heavy metals and/or other OSHA regulated compounds. a. Referenced projects must be of similar size and scope, using containment for the removal of elevated heavy metal based coatings, or addressing fugitive dust emissions as applicable to this Project. B. Regulatory Requirements: Provide a written waste disposal plan for review by MPCA consistent with regulatory requirements, as referenced in 1.04.C., and the results of required laboratory testing. C. Certifications: Where applicable, certify that continual site monitoring was provided in strict compliance with 29 CFR 1926.62 of the OSHA standards. PART 2 PRODUCTS Not Used PART 3 EXECUTION 3.01 FIELD QUALITY CONTROL A. Site Tests: 1. Following the completion of all surface preparation, extract samples, in the presence of the Engineer or Owner’s representative, of spent abrasive or coating chips. 2. Provide testing as defined in the submitted sampling plan (reference Article 1.04.A.) and in compliance with 40 CFR 261 for TCLP testing. B. All testing costs including testing required to identify and/or dispose of solid waste, hazardous waste, or waste water is considered incidental to the Project. 3.02 DISPOSAL OF MATERIAL A. Dispose of all waste material generated during the coating removal process, in accordance with state and federal regulatory requirements. END OF SECTION Handling of Waste Generated from Coating Removal COTTG 165472 02 87 00 - 3 This Page Left Blank Intentionally SECTION 09 97 13 COATING SYSTEMS FOR WATER STORAGE TANKS PART 1 GENERAL 1.01 SUMMARY A. Tank Description: 1. Pine Hill Storage Tank a. Capacity: 500,000 gallons. b. Style: Spheroid 1) Tank height from ground to overflow is approximately 117 feet. 2) Tank diameter is approximately 55 feet B. Scope of Work: 1. Surface preparation. 2. Application of coating systems to the following surfaces: 1) Interior wet: a) All surfaces. 2) Interior dry: a) As identified in this Section. 3) Exterior: a) All surfaces. C. Related Sections: 1. Section 02 87 00 - Handling of Waste Generated from Coating Removal 2. Section 09 91 50 - Shop Painting 3. Section 09 97 15 - Coating Systems for Telecommunication Equipment 4. Section 33 16 30 - Disinfection of Water Storage Facilities 5. Section 33 16 40 - Repair and Modifications to Steel Water Storage Tanks 1.02 REFERENCES A. ASTM: American Society of Testing Materials B. AWWA: American Water Works Association 1. D102-Coating Steel Water Storage Tanks C. NACE: NACE International 1. SPO 188-2006 - Discontinuity (Holiday) Testing of Protective Coatings D. Minnesota Rule 7025 - Removal of Lead Paint from Steel Storage Tanks E. NSF: National Sanitation Foundation 1. ANSI/NSF Standard 61 F. SSPC: Society of Protective Coatings 1. Volume 1 - Good Painting Practice 2. Volume 2 - Systems and Specifications. 3. Lead Paint Removal Guidelines - Supplement to Volume 2, Guide 6I (CON) and Guide 7I (DIS) 1.03 DEFINITIONS A. Regional: The state in which the Project is located and surrounding states. B. LEL: Lower explosion limit. Coating Systems for Water Storage Tanks COTTG 165472 09 97 13 - 1 C. PEL: Permissible exposure limit. D. DFT: Dry Film Thickness (Mils). E. SFPG: Square Feet Per Gallon 1.04 SUBMITTALS A. Product Data: 1. Provide current data sheets for: a. Coatings b. Abrasives c. Proposed additives B. Procedures: Written plan for the containment of fugitive airborne particles compliant with current state and/or federal regulations. C. Equipment: Provide list of equipment to be used including rigging. 1. Provide documentation from a certified inspection firm attesting to the (annual) condition and operational safety of the rigging equipment. 2. Provide documentation for the dust collection system including size requirement calculations. 3. Where dehumidification is required, provide equipment documentation and minimum CFM calculations as provided by the manufacturer. D. Records: Daily onsite operations. 1. Record information on forms provided by Engineer or Contractor’s pre-approved (by the Engineer) form. 2. Contents should be inclusive of all daily operations. 3. Should include daily quantities, as applicable. 1.05 QUALITY ASSURANCE A. Qualifications: 1. Provide written statement from coating manufacturer’s authorized representative attesting that Applicator has been instructed on proper preparation, mixing, and application procedures for coatings specified. 2. Supervisor will be responsible for onsite training related to proper surface preparation, mixing, and application of the coating system. a. Contractor shall provide the Engineer with a copy of the field training sign-in sheet (and dated), as applicable to each operation. b. Only employees listed on sign-in sheet shall be authorized to complete above listed operations. 3. Provide regional references illustrating management competency for a minimum of 5 different projects of similar size, style and scope completed in the last 3 years, including: a. Contact person. b. Project location. c. Size and style of tank. d. Cost of coating work. e. Start/finish dates. B. No more than 25 percent of the value of the Bid may be performed by subcontract. 1.06 DELIVERY, STORAGE, AND HANDLING A. Delivery: 1. Deliver all materials in original, factory-sealed containers bearing manufacturer’s intact and legible label with the following information: a. Material identification by name or number. b. Manufacturer’s stock number, batch number, and date of manufacture. c. Color name and number. Coating Systems for Water Storage Tanks 09 97 13 - 2 COTTG 165472 B. Storage: 1. Store materials in an environmentally controlled location as recommended by paint manufacturer’s product information guidelines. 2. Store materials not in actual use in tightly covered containers. 3. Comply with health and fire regulations of governing authorities having jurisdiction. C. Handling: 1. Handle materials in a manner that precludes the possibility of contamination or incorrect product catalyzation. 2. Do not open containers or mix components until surface preparation has been completed and approved by Engineer. 3. Maintain containers used for storage, mixing, and application in a clean condition, free of foreign materials and residue. 1.07 PROJECT CONDITIONS A. Environmental Requirements for Tank Interior: 1. As necessary to maintain required ambient conditions and contract scheduling, the contractor shall provide all required equipment for supplemental heating, dehumidification, and power. 2. Vent exhaust from combustion-type heat sources to prevent contact with interior surfaces. 3. Provide continuous forced air ventilation by mechanical means during blasting, blowdown, and coating operations. a. Not to exceed 10 percent of LEL. b. Exhaust air from the lowest portions of the tank with the top opening kept open and clear. c. Vent exhaust of spent abrasives downward during blast and blowdown operations. d. Maintain exhaust in compliance with state standards. 4. Provide continuous forced ventilation in accordance with the manufacturer’s recommendation. a. Minimum rate: 3 air changes per hour. 1) For 12 hours following each prime coat application. 2) For the initial 24 hours following finish coat application. 5. Provide the following through the use of dehumidification equipment: a. Dew point of the ambient air at a minimum 15 degrees below the surface and air temperature. b. Dehumidification shall be maintained at all times during surface preparation, coating application, and cure. B. Containment: 1. Provide containment during abrasive blasting and coating application to prevent emission of abrasives, existing coatings, and contaminants onto adjacent property, streets or structures. 2. Containment (including ground cover) shall comply with state requirements for preventing emission of fugitive dust. 3. Containment shall meet local, State, and Federal standards and be constructed equal to the requirements of SSPC Technology – Guide for Containing Surface Preparation Debris Generated During Paint Removal Operations, as applicable to Containment Classification 2A. 4. Containment shall be constructed equal to the requirements of Minnesota Rule 7025, as applicable to Class III structures. a. Include the installation of a properly sized and fitted bonnet. b. Employ a properly sized dust collection system. 5. Assessment of visible emissions: a. SSPC-Guide G6 5.5.1 Method A – Visible Emissions Level. C. Weather Conditions: 1. Do not apply coatings in rain, snow, fog, or mist. 2. Conduct surface preparation and coating operations only when the following conditions are met. a. Air, surface temperature and humidity are within limits recommended by coating manufacturer. b. Air and surface temperature is more than 5 degrees above the dew point of the ambient air. c. Surfaces to be painted are clean and completely dry. Coating Systems for Water Storage Tanks COTTG 165472 09 97 13 - 3 1.08 SEQUENCING AND SCHEDULING A. Sequence blasting operations to prevent the contact of blasted materials with freshly painted surfaces. B. Sequence interior blasting and painting operations as follows: 1. Complete surface preparation on the tank floor. 2. Complete surface preparation on the remainder of the interior surfaces. 3. Clean roof plates, structural roof support system, and shell plates to first section removing most spent abrasive, dust and any other surface contaminants. 4. Apply prime-coat followed by stripe coat, intermediate and finish-coat. 5. Remove remaining spent abrasive, dust and other surface contaminants. 6. Apply prime-coat followed by finish-coat to the floor and bottom shell plate section. C. Do not apply coatings until surface preparation has been approved by Engineer. D. Do not apply finish coat until: 1. All prime coat application is completed. 2. All surfaces have been cleaned. 3. All surfaces have been approved for coating by Engineer. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Coatings: 1. Sherwin Williams Company, Cleveland, OH 2. Tnemec Company, Inc., Kansas City, MO B. Lead Abatement Additive: TDJ Group, Inc., Blastox. C. Corrosion Inhibitor: Whitemetal Inc., Holdtight 102. D. Dehumidification Equipment: . 1. Polygon www.polygongroup.com a. Minimum CFM: To be determined by Manufacturer b. Exactaire Monitoring System E. Approved Substitutes: Submit request for substitution in accordance with Section 01 25 13. F. Substitution of fast-cure products or acceleration additives must receive prior approval by Engineer. 1. Approval will be based on anticipated ambient conditions per the submitted schedule and manufacturer’s recommendations. G. Furnish all coating products from a single manufacturer. 2.02 MATERIALS A. Regulatory Requirements: 1. Products shall comply with current state VOC requirements. 2. Products shall comply with state environmental and health standards. 3. All products shall be lead, chromate, mercury and heavy metals free. B. Thinners: Use thinners approved by coating manufacturer and within their recommended limits. C. Abrasive: 1. Abrasive materials must be in compliance with state environmental and health standards. 2. Exterior use of silica sand is prohibited. 3. Properly size abrasives to provide the required surface profile. Coating Systems for Water Storage Tanks 09 97 13 - 4 COTTG 165472 PART 3 EXECUTION 3.01 EXAMINATION A. Verify that all surfaces are sound, and ready for surface preparation and coating application. B. Notify Engineer in writing of any conditions that may be detrimental to Work. C. Do not proceed with Work until detrimental conditions have been corrected. D. Cathodic Protection Systems (CPS): See Section 33 16 40. 3.02 PREPARATION A. Protection: Protect or remove all appurtenances that are not to be coated. B. Clean and remove all rust, slag, weld splatter, weld scabs, mill scale, loose paint, and surface contaminants. C. Grind welds and other sharp projects smooth and blended in accordance with NACE Standard SP0178. D. Fill cracks and voids according to coating manufacturer’s recommendations. E. Surface profile shall be in accordance with the manufacturer’s product recommendation. F. Re-blast all Surfaces: 1. Where rusting has recurred. 2. That do not meet the requirements of this Section. G. Feather edges of existing coating to form a smooth transition prior to spot priming. H. Mix corrosion inhibitor and apply in accordance with manufacturer’s recommendations. I. Interior Wet Surfaces: 1. SSPC-SP10 Near White Blast. a. All Surfaces. J. Interior Dry Surfaces: 1. SSPC-SP6 Commercial Blast a. Access Tube. b. Bottom Bowl. 2. SSPC-SP11 Power Tool Cleaning to Bare Metal. a. All rusted, damaged and failed areas. K. Exterior Surfaces: 1. SSPC-SP6 Commercial Blast. a. All Surfaces. 3.03 MATERIALS PREPARATION A. Materials shall be mixed, thinned, and applied according to the manufacturer’s written instructions and in accordance with this Section. B. Maintain containers used in mixing and application in a clean condition, free of foreign materials and residue. C. Mixing of partial containers and field tinting will not be allowed. Coating Systems for Water Storage Tanks COTTG 165472 09 97 13 - 5 3.04 APPLICATION A. Apply in accordance with manufacturer’s directions. 1. Do not apply in snow, rain, fog, mist, or on damp surfaces. 2. Allow wet surfaces to dry thoroughly and attain the temperature and conditions specified before proceeding with or continuing the painting operation. 3. Work may continue during inclement weather only if areas and surfaces are enclosed and temperatures within the area can be maintained within limits specified during application and drying periods. B. Use equipment and techniques best suited for substrate and type of material being applied. 1. Brush-apply stripe coat primer or intermediate on all welds and edges prior to general application of finish coat. 2. Spray-apply all complete coats on interior wet portion of the tank. C. Apply each coat at the manufacturer specified rate. If material is thinned or film thickness cannot be achieved due to application equipment, temperatures, etc., apply additional coats to obtain the specified film thickness. D. Avoid degradation and contamination of blasted surfaces and avoid intercoat contamination. 1. Surfaces shall be free from grease, oil, abrasives, and other contaminants that may have an adverse effect on coating application, bonding, curing, or performance. 2. Clean contaminated surfaces before applying next coat. E. Provide application thickness to specified mil requirements. F. Allow preceding coats to dry before recoating. 1. Recoat within time limits specified by the coating manufacturer. G. Prime Coat: 1. Verify that field-applied coatings are compatible with shop-applied system. 2. Apply prime coat immediately after surface preparation and prior to surface rusting or dust accumulation. H. Where voids are present exposing the substrate or undercoats, apply additional coat(s) until a uniform color and finish is obtained. I. Finish coats shall be uniform in color and sheen without streaks, laps, runs, or missed areas. J. Apply caulking along all penetrations, intermittent welds and lap plate seams above the high water line. K. Within the confines of the handrail on top of the tank, apply a non-skid walkway surface. 1. This surface is to consist of an additional application of intermediate coatings at 4 to 6 mils wet. 2. While second coat is still wet, broadcast clean 40-mesh silica sand to saturation. 3. When the surface has dried sufficiently, remove excess sand and apply finish coat as specified. 3.05 FIELD QUALITY CONTROL A. Contractor shall provide all necessary equipment to monitor and record the information required on the Daily Application Record. 1. Equipment shall be in good condition. 2. Operational within its design range. 3. Calibrated as required by the specified standard for use of each device. B. Maintain a copy of the following information at the site: 1. Product Data Sheets. 2. Safety Data Sheets (SDS). 3. Contract Document and submittals. Coating Systems for Water Storage Tanks 09 97 13 - 6 COTTG 165472 4. Daily Application Record. a. Record information on form located at the end of this Section, or Contractor’s form pre- approved by Engineer. C. Owner’s representative may be on site to observe the application of each coating, and the preparation of each substrate. D. Provide safe and complete access to all surfaces for observation by Owner and/or Engineer. E. Prepare rigging so that all surfaces are within arm’s reach of observer. F. Measure wet paint with wet film thickness gages. G. Provide DFT measurements for all coatings in accordance with SSPC-PA2. H. Perform Holiday testing in accordance with NACE SP0188-2006 as directed by Engineer. I. Correct any deficiencies observed or detected by field testing as directed by Engineer. 3.06 CLEANING A. Remove all discarded paint materials, rubbish, cans, rags, and other debris from the Site in accordance with current state and federal regulatory requirements. B. Upon completion of Work, clean all spattered surfaces. 1. Remove spattered materials by proper methods of washing and scraping. 2. Use care to not scratch or damage finished surfaces. 3.07 WARRANTY INSPECTIONS A. Owner’s Responsibilities: 1. Establish date and time for 5-year warranty inspection only 2. Provide minimum 14 days’ notice to Contractor. 3. Determine inspection method. 4. Provide suitable access. 5. Advise Contractor of any coating failures, and the required corrective measures. a. Coating failures shall be interpreted to include: 1) Peeling. 2) Blistering or bubbling. 3) Cracking. 4) Rusting or rust staining. B. Contractor’s Responsibilities: 1. The contractor shall be responsible for coordinating, conducting, and reporting the following annual inspections a. Year 1 – 2023 1) Tank Inspection (Wet Interior does not have to be drained) 2) Written Summary Report with photos in the format provided as Exhibit C in these bid documents b. Year 2 – 2024 1) Full Tank Inspection (Wet Interior does not have to be drained) 2) Written Summary Report with photos in the format provided as Exhibit C in these bid documents c. Year 3 – 2025 1) Full Tank Inspection (Wet Interior does not have to be drained) 2) Written Summary Report with photos in the format provided as Exhibit C in these bid documents d. Year 4 - 2026 1) Full Tank Inspection (Wet Interior does not have to be drained) Coating Systems for Water Storage Tanks COTTG 165472 09 97 13 - 7 2) Written Summary Report with photos in the format provided as Exhibit C in these bid documents e. Year 5 – 2027 Following Owner’s 5-year Warranty Inspection 1) Exterior - Pressure wash with a minimum 3,500 psi to remove containments and mildew, repair any deficiencies to SSPC-SP3 Power Tool Cleaning and spot repair coatings in accordance with contract specifications and engineer’s written evaluation 2) Interior Wet - Pressure wash with a minimum 3,500 psi to remove contaminants and staining, repair any deficiencies to SSPC-SP11 Power Tool Cleaning to Bare Metal and spot repair coatings in accordance with NSF 600 guidelines and engineer’s written evaluation 3) Interior Dry – Power tool clean any deficiencies to SSPC-SP3 Power Tool Cleaning and spot repair coatings in accordance with contract specifications and engineer’s written evaluation 2. Repair all coating failures as follows: a. Coordinate Work schedule with Owner. b. Perform corrective measures in accordance with this Section. c. Complete Work within 30 days of receipt of Owner’s notice of 5-year warranty deficiencies d. Complete Work at no cost to Owner. e. Disinfect tank in accordance with Section 33 16 30. Coating Systems for Water Storage Tanks 09 97 13 - 8 COTTG 165472 3.08 COATING SYSTEM SCHEDULE A. SHERWIN WILLIAMS COMPANY 1. SHOP PAINTING PRODUCT COLOR DFTTOTAL DFT PRIMER- ZincCorothane I GalvapacGray 2.0 - 3.0 2.0 - 3.0 2. FIELD PAINTING-Steel INTERIOR WET PRODUCT COLOR DFT TOTAL DFT Zinc/Epoxy Primer(Bare Metal)Corothane I GalvapacGray2.0 -3.0 Intermediate Macropoxy 646 PW Lt. Blue 4.0 - 6.0 10.0 - 15.0 Finish Macropoxy 646 PW White 4.0 - 6.0 INTERIOR DRY PRODUCT COLOR DFT TOTAL DFT Epoxy Primer(Bare metal) Corothane I GalvapacGray 2.0 - 3.0 Intermediate Macropoxy 646 PW Lt. Blue 4.0 - 6.0 7.0 – 11.0 Finish Macropoxy 646 PW White 3.0 – 5.0 EXTERIOR TOTAL DFT PRODUCT COLOR DFT Zinc/Epoxy/Polyurethane (Excluding Logo) Primer(Bare Metal) Corothane I GalvapacGray 2.0 - 3.0 Intermediate Macropoxy 646 Contrast to Finish 2.0 - 3.0 6.0 - 9.0 Finish (Semi-Gloss, Gloss) Acrolon UltraBy Owner 2.0 - 3.0 Logo/Lettering/ FluoroKem By Owner 2.0 - 3.0 B. TNEMEC COMPANY 1. SHOP PAINTING PRODUCT COLOR DFTTOTAL DFT PRIMER- Zinc91H20 Hydro Zinc Greenish Gray 2.5 - 3.5 2.5 - 3.5 2. FIELD PAINTING - Steel INTERIOR WET PRODUCT COLOR DFT TOTAL DFT Zinc/Epoxy Primer(Bare Metal) 91H20 Hydro Zinc Greenish Gray 2.5 - 3.5 Intermediate N140 Pota-Pox 1255 Beige 4.0 - 6.0 10.5 - 15.5 Finish N140 Pota-Pox 15BL Tank White 4.0 - 6.0 INTERIOR DRY PRODUCT COLOR DFT TOTAL DFT Epoxy Primer(Bare metal) 91H20 Hydro ZincGreenish Gray2.5 -3.5 Intermediate N140 Pota-Pox 1255 Beige 4.0 – 6.0 7.0 – 11.0 Finish N140 Pota-Pox 15BL Tank White 3.0 – 5.0 EXTERIOR TOTAL DFT PRODUCT COLOR DFT Zinc/Epoxy/Polyurethane (Excluding Logo) Primer(Bare Metal) 91H20 Hydro Zinc Greenish Gray 2.5 - 3.5 Intermediate N69 Epoxoline Contrast to Finish 2.0 - 3.0 6.5 - 9.5 Finish (Semi-Gloss, Gloss) 1095 / 1094 Endurashield By Owner 2.0 - 3.0 Logo/Lettering 700 HydroFlon By Owner 2.0 - 3.0 END OF SECTION Coating Systems for Water Storage Tanks COTTG 165472 09 97 13 - 9 DAILY APPLICATION RECORD ---------------------------------------------------------------------------------RECORD EVERY 3 HOURS----------------------------------------------------------------------------- DATE Surface Air Material Relative Dew Weather Temperature Temperature Temperature Humidity Point Conditions (Deg. F.) (Deg. F.) (Deg. F.) (%) (Deg. F.) AM PM TIME START AM PM AM PM AM PM AM PM AM PM TIME STOP Area Prepared Area Coated Type of Material & Quantity Applied: SIGNED PROJECT NAME: SEH FILE #: OWNER: CONTRACTOR: SECTION 32 31 10 TEMPORARY FENCING PART 1 GENERAL 1.01 SUMMARY A. Section includes temporary installation and removal of a secure 8-foot wire woven fence around work area. 1. Work area to be coordinated with Engineer and City. B. Related Sections: 1. Section 01 31 13 - Coordination C. Basis of Payment: 1. Payment for temporary fence shall include maintenance and removal operations. 2. Payment for acceptable quantities of fencing shall be included in the temporary fencing bid item. 1.02 REFERENCES A. MnDOT: 1. 2557 - Fencing 1.03 SYSTEM DESCRIPTION A. Temporary Fence 1. Fence height: 8-feet 2. Industry standard panel design. 1.04 SUBMITTALS A. None Required. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Temporary Fence 1. Commercial quality chain link fencing and gates manufactured for secure use. 2.02 MATERIALS A. Temporary Fence: 1. Commercially available. 2. Subject to Engineer’s approval. 3. All fence components shall be of the same material type throughout the Project. 4. Materials may be new or salvaged in good condition. 2.03 ACCESSORIES A. Temporary Fence 1. All accessories shall be in accordance with the respective MnDOT Specifications as follows: 2. Hardware and Fittings: a. Galvanized steel: MnDOT 3406: Provide with zinc, aluminum or vinyl coated fence fabric. Temporary Fencing COTTG 165472 32 31 10 - 1 PART 3 EXECUTION 3.01 PREPARATION A. Temporary Fence 1. Mark temporary fence line. 2. Notify Gopher State and have site fully marked before installing fencing. 3. Private Utilities may be present and must be marked by the owners 4. Provide a smooth ground profile along the proposed alignment. 3.02 INSTALLATION A. Temporary Fence 1. Install the fence bottom parallel with the ground profile. 2. Place prior to start of construction operations. 3. Maintain and repair as required. 4. Post Installation: a. Drive intermediate posts a minimum of 4 feet into the ground or secure appropriately. 5. Gate Installation: a. Install gates as necessary for personnel and vehicle/equipment access. b. Equip each gate with a “padlock keeper”. c. Provide padlock for all gates and provide keys to the Owner and Engineer. END OF SECTION Fencing 32 31 10 - 2 COTTG 165472 SECTION 33 05 50 SURFACE FACILITY RESTORATION PART 1 GENERAL 1.01 SUMMARY A. Section includes restoration of surface facilities after utility construction as follows: 1. Base course. 2. Driveways. 3. Shoulders. 4. Adjacent turf areas. B. Basis of Payment: 1. Included in site restoration bid item. 1.02 REFERENCES A. MnDOT: 1. 2360 - Plant-Mixed Asphalt Pavement 2. 2357 - Bituminous Tack Coat 3. 2461 - Structural Concrete 4. 2521 - Walks and Concrete Curb 5. 2574 - Soil Preparation 6. 2575 - Establishing Turf and Controlling Erosion 7. 3138 - Aggregate for Surface and Base Courses 1.03 SCHEDULING A. Restore all surface facilities within 72 hours after completion of tank restoration work. 1.04 SUBMITTALS A. Provide for turf establishment: 1. Name and location of source materials. 2. Product data and certificate of compliance of soil amendments and additives. PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base Materials: In accordance with MnDOT 3138, Class 5. B. Aggregate Surfacing Material: In accordance with MnDOT 3138, Class 2. C. Bituminous Patching Mixtures: In accordance with MnDOT 2360.2 except that 100 percent of the mineral aggregate shall pass the 3/8-inch sieve and the mixture shall contain between 8.5 percent and 9.5 percent bituminous material by weight. D. Bituminous Tack Coat: In accordance with MnDOT 2357.2A. E. Bituminous Curb Mixtures: In accordance with MnDOT 2360.2 except that the mixture shall include 5 percent mineral filler by weight. F. Turf Establishment: In accordance with MnDOT 2574.2 and MnDOT 2575.2. Surface Facility Restoration COTTG 165472 33 05 50 - 1 PART 3 EXECUTION 3.01 PREPARATION A. Bituminous Surface: 1. Saw cut existing bituminous to provide a clean straight edge. 2. Place tack coat on all edges. 3. For preparation of anchor holes: a. surface shall be clean, dry, and fee of any dirt or contaminants. b. Remove loose materials and debris from pothole. B. Concrete: 1. Provide a clean straight edge on abutting concrete by sawing with wet saw. 2. Install 1/2-inch preformed expansion joint against all abutting concrete. C. Turf: Prepare in accordance with MnDOT 2574.3. 3.02 CONSTRUCTION REQUIREMENTS A. Aggregate Base: 1. Place material to a uniform depth as specified. 2. Mechanically compact to a Standard Proctor Density of 100 percent. B. Aggregate Surfacing: 1. Place material to a uniform depth as specified. 2. Compact to a Standard Proctor Density of 100 percent. C. Bituminous Surfaces: 1. Place adequate material to provide proper depth when compacted. 2. Compact until all roller marks are eliminated and there is no further evidence of consolidation. 3. Surface shall be flush with adjacent surfaces and within 1/8 inch of a 10-foot straight edge in all directions. 4. Surface shall be smooth and free of open sections. 5. For anchor holes, use a pothole patch. a. Manufacturer: ThorWorks Industries, Inc. or approved equal b. Compact until there is no further evidence of consolidation. c. Surface shall be flush with adjacent surfaces and within 1/8 inch of a 10-foot straight edge in all directions. d. Surface shall be smooth and fee of open sections. D. Concrete Surfaces: 1. Place and compact concrete in accordance with MnDOT 2521.3D. 2. Surface shall be flush with adjacent surfaces. 3. Provide a light brush finish on all exposed surfaces. E. Turf Surfaces: Restore adjacent turf areas in accordance with MnDOT 2575.3.L. END OF SECTION Surface Facility Restoration 33 05 50 - 2 COTTG 165472 SECTION 33 16 30 DISINFECTION OF WATER STORAGE FACILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Disinfection materials. 2. Facility preparation. 3. Application of disinfectant. 4. Disposal of chlorinated water. 5. Sampling and testing for bacteria. B. Related Sections: 1. Section 09 97 13 - Coating Systems for Water Storage Tanks 1.02 REFERENCES A. AWWA: 1. C652 - Disinfection of Water Storage Facilities 1.03 SUBMITTALS A. Post Construction - Contract Close-Out: Submit certified bacteriological and chlorine residual test results. PART 2 PRODUCTS 2.01 MATERIALS A. Sodium Hypochlorite - Liquid B. Calcium Hypochlorite - Granular or Tablet PART 3 EXECUTION 3.01 PREPARATION A. Screens: 1. Prior to cleaning, remove all vents and overflow screens. 2. Verify that screens are in satisfactory condition. 3. After cleaning is completed replace all screens. B. Cleaning: 1. Remove all materials from the facility interior. 2. Thoroughly clean all interior surfaces using a high pressure water jet. This may be performed coincidental to Method 2 disinfection. 3. Remove all water, dirt and foreign material accumulated in the cleaning operation from the facility. 3.02 APPLICATION A. Chlorinate with one of the two methods outlined below: 1. AWWA C652 Method 2 as follows: Disinfection of Water Storage Facilities COTTG 165472 33 16 30 - 1 a. General: Apply a 200 mg/l available chlorine solution directly to all interior contact surfaces below the overflow elevation. b. Method of Application: 1) Apply solution with suitable brushes or spray equipment. 2) Thoroughly coat all surfaces including inlet and outlet piping. 3) Apply in separate drain piping to produce solution of not less than 10 mg/l when filled with water. 4) Not required in overflow piping. c. Retention: 1) Keep solution in contact with surfaces for at least 30 minutes. 2) Purge chlorinated water from drain piping. 3) Admit potable water and fill to overflow. 4) Provide acceptable bacteriological testing. 5) Deliver water to distribution system. 2. AWWA C652, Method 3 as follows: a. Add water and chlorine to the facility in the following amounts: 1) Water: Fill to 5 percent of the total storage volume. 2) Chlorine: Add to provide a 50 mg/L (available chlorine) solution. b. Hold the solution in the facility for a minimum of 6 hours. c. Admit potable water and fill to overflow. d. Hold facility full for a minimum of 24 hours. e. Purge highly-chlorinated water from drain piping. f. Verify that a free-chlorine residual of not less than 2 mg/L is present. g. Provide acceptable bacteriological testing. h. Deliver water to distribution system. B. Disposal of Water: 1. Prior to discharge or purging of chlorinated water, advise Owner of the time, quantity and concentration. 2. If the concentration exceeds 10 mg/l, neutralize in accordance with Appendix B of AWWA C652 prior to discharge. 3.03 FIELD QUALITY CONTROL A. Provide bacteriological sampling and testing as follows: 1. Obtain samples from sample tap connected to storage facility or outlet piping at 24 hour intervals. 2. Perform coliform and chlorine residual tests on samples by a certified laboratory. 3. Obtain 2 successive negative coliform test results prior to placement of facility in service. 4. Rechlorinate in accordance with 3.02 A if samples test positive for coliform, or if a 2 mg/l residual cannot be maintained. END OF SECTION Disinfection of Water Storage Facilities 33 16 30 - 2 COTTG 165472 SECTION 33 16 40 REPAIR AND MODIFICATIONS TO STEEL WATER STORAGE TANKS PART 1 GENERAL 1.01 SUMMARY A. Tank Information: 1. Capacity: 500,000 gallons. 2. Style: Spheroid 3. Diameter: Approximately 55’ 4. Height to overflow: Approximately 117’ B. Section Includes: 1. Repair of existing tank components. 2. Installation of new tank components. C. Related Sections: 1. Section 09 97 13 - Coating Systems for Water Storage Tanks 1.02 REFERENCES A. ASME - Section IX B. AWWA: 1. D100 - Welded Steel Tanks for Water Storage 2. D101 - Inspecting and Repairing Steel Water Tanks, Standpipes, Reservoirs and Elevated Tanks for Water Storage C. NACE SP0178 - Fabrication Details, Surface Finish Requirement and Proper Design Considerations for Tanks and Vessels to be Lined for Immersion Service 1.03 DESIGN REQUIREMENTS A. All components to meet the structural and design requirements of 1. AWWA D100. 2. OSHA 29 CFR. B. Design and install all components as shown on Drawings. 1.04 SUBMITTALS A. Shop Drawings: Provide scaled Drawings showing the dimensional and material requirements of each component to be installed. B. Calculations: Provide structural calculations sealed by a licensed Professional Engineer for each load- bearing component. C. Certificates: For each welder providing Work, provide certificate verifying that the welder has satisfactorily passed AWWA qualification tests for the type of work to be performed. Repair and Modifications to Steel Water Storage Tanks COTTG 165472 33 16 40 - 1 PART 2 PRODUCTS 2.01 MANUFACTURERS A. Power Process Equipment, Eden Prairie, MN. 1. Manway Replacement Gaskets. B. Fall Arrest Systems Modifications/Extensions: 1. Fall Arrest System (Cable): 3M DBI SALA Lad-Saf or equivalent to match City’s existing installations. : C. Sika Corporation www.sikausa.com 1. Elastomeric Sealant: Sika-Flex 1A. PART 3 EXECUTION 3.01 PREPARATION A. Grind smooth and/or radius all welds. B. Conform to NACE SP0178. 3.02 INTERIOR A. Apply Elastomeric Sealant: 1. Along roof radial lap seams and/or support angles having intermittent welds. 2. On angles to within 1 foot of the high-water line. 3. Along gaps in the lapped plates including the dollar to roof plate, and roof to roof radial/torus plates. 4. Along seam of the contact point of the roof and outer roof stiffener ring. B. Remove by air arc gouging, cutting torch or grinding all surface imperfections including erection scab marks C. Remove Interior Wet and Dry Fall Arrest ladder systems to comply with OSHA Regulations. Install new cable style safety system including: 1. Two (2) new harnesses. Coordinate with City for sizes. 2. Two (2) new detachable cable grabs. 3. Two (2) new double lanyards. 4. All parts to be from same manufacturer. D. Modify existing tank drain and accessories as necessary and install new 4-inch drain and connect to the overflow pipe. 1. Install non-freeze valve accessible from the top platform. 2. Construct as shown on Drawing detail. E. Remove and replace manway hardware with new and stainless steel hardware. F. Replace any missing/broken light bulbs with new LED bulbs. Owner will furnish all bulbs. G. Seal weld holes/gaps around the riser pipe at the connection to the tank bottom. H. Replace missing and/or damaged riser pipe insulation with new similar style and R Value materials as existing insulation. I. Remove and dispose of complete cathodic protection system; patch any resulting holes. Repair and Modifications to Steel Water Storage Tanks 33 16 40 - 2 COTTG 165472 3.03 EXTERIOR A. Remove the existing roof vent, modifying the spool as needed. 1. Install new AWWA frost-free design and pressure pallet. 2. See Drawings. B. Seal weld any holes/gaps around roof vent at the connection to the tank roof. C. Remove the existing obstruction light, replace with new LED obstruction light (furnished by Owner). 1. Location per direction of Engineer. 2. Installation in accordance with NEMA and NEC guidelines. 3. All components shall be UL Listed. 4. Installation components shall meet or exceed lighting manufacturer installation requirements. 5. Install all necessary materials to provide a complete and operational system. 6. Work to be completed by a licensed electrician. D. Seal weld any unused penetrations including holes and pinholes. E. Remove old containment tabs. F. Make structural modifications to access tube and hatch as shown in Drawings. G. Make structural modifications to overflow pipe outlet as shown in Drawings. 1. Make attachments by welding. 2. Terminate with a downturned 90-degree bend. 3. Install corrosion resistant No. 24 mesh screen between two flanges at discharge point. 4. Hardware shall be new and stainless steel. H. Misc: 1. Clean out the existing overflow pipe at the discharge. 2. Reinstall existing locks for all hatches. 3. Replace manway bolts and gaskets. Hardware shall be new and stainless steel. I. Remove loose, cracked and deteriorated concrete on tank base plates/foundation to sound substrate and resurface using non-shrink 3000 psi grout or elastomeric sealant as applicable. 3.04 RESPONSIBILITIES A. Perform Work around existing interior control room in a manner that will not cause damage. B. Review protections measures with Engineer and notify Owner if protection measures at any time appear to be inadequate for protection from Contractor’s Work. 3.05 DISPOSAL OF MATERIALS A. Be familiar with and comply with all pertinent federal, state, and local regulations for disposal. END OF SECTION Repair and Modifications to Steel Water Storage Tanks COTTG 165472 33 16 40 - 3 This Page Left Blank Intentionally Appendix A SEH Pine Hill WT Evaluation Dated December 11, 2018 Water Tank Evaluation Pine Hill Water Tower City of Cottage Grove, Minnesota COTTG 147771 | December 11, 2018 December 11, 2018 RE: Pine Hill Water Tower Water Tank Evaluation City of Cottage Grove, Minnesota SEH No. COTTG 147771 4.00 Mr. Harry Taylor - Public Works Supervisor City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 Dear Harry: We are submitting three copies of the Water Tower Evaluation that Short Elliott Hendrickson conducted nd on the City of Cottage GroveÓs Pine Hill Water Tower located at 7130 South 92 Street. At this time we are also providing you with supplemental information and the supporting ROV video provided by SEH. The enclosed report is separated into four sections: general information, recommendations, summary, and appendices. The recommendation section includes our proposal for the maintenance and or reconditioning for this tank, prioritized, with a corresponding cost estimate. Structural commentary referencing the foundation and plate condition, applicable coating analysis, Coating Summary and Accessory sheets are located in the summary section of this report. The evaluation criteria and methods, photographs and associated standards are found in the appendix. Both the interior and exterior of the tank appears to be in good condition structurally, however, modifications are warranted. A number of minor to moderate coating failures were observed along interior surfaces. The tanks exterior coating is in good condition with minor chalking and (spot rust or abrasions) observed. Based on our evaluation, SEH recommends partial reconditioning of tank interior surfaces, specific areas and repair methods are defined within the recommendation section of this report. Maintenance work should also be considered for the tank exterior and include power-washing and overcoating. Scheduling of this work is suggested for within the next 24 to 36 months to avoid further damage to failed areas. At the same time, maintenance repairs and tank upgrades should be made to extend the tankÓs service life. The estimated cost for this project is $305,200. The estimated cost for this project is $305,200. A cost breakdown is included in this report, along with a recommended timetable. Accomplishing the recommended work, and continuing with minor periodic maintenance, should enable this facility to provide uninterrupted service over the next 8 to 10 years. Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax Mr. Harry Taylor - Public Works Supervisor December 11, 2018 Page 2 Finally, at the City request, SEH will prepare a complete set of contract documents to solicit bids for the repair work specific to the reconditioning requirements of this tank. SEH can also provide inspection services with our in-house staff of trained personnel. We would be happy to present this report to the City and discuss our findings at your convenience. If you have any questions regarding this report please contact me at 651.318.0360. Sincerely, Christopher Wolfgram Project Manager ah s:\\ae\\c\\cottg\\147771\\4-prelim-dsgn-rpts\\42-insp-eval\\10-struct\\_pine hill wt evaluation report cottg 147771.docx Water Tank Evaluation Pine Hill Water Tower City of Cottage Grove, Minnesota SEH No. COTTG 147771 December 11, 2018 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Miles B. Jensen, PE Date: December 1, 2018 License No.: 19869 Reviewed By: Christopher Wolfgram, NACE, CWI Date: December 1, 2018 Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-5196 651.490.2000 Executive Summary Pine Hill Single Pedestal Water Tower The exterior coating system is in good condition overall. The roof and localized areas are experiencing localized coating failures. Consideration should be made for spot coating repairs and a full overcoat to extend the overall coating life of the tank exterior. The interior wet ceiling is experiencing failures along edges, seams, and roof rafters. Consideration should be made for an aggressive overcoat including abrasive blasting of failed areas within the tank interior and application of a compatible epoxy coating system in accordance with AWWA and NSF 61 standards. Modifications and repairs should be considered for completion to bring the tank into compliance with current OSHA and AWWA regulations and guidelines with respect to personnel access, confined space, and ventilation. Estimated Project cost: $305,200 Estimated Project cost: $305,200 WATER TANK EVALUATION COTTG 147771 ES-1 Contents Letter of Transmittal Certification Page Contents 1 Remaining Tank Life .................................................. 1 2 Recommendations ..................................................... 1 2.1 Structural ................................................................................................ 1 2.2 Telecommunication ................................................................................ 2 2.3 Cathodic Protection ................................................................................ 2 2.4 Interior Coating ....................................................................................... 2 2.5 Interior Dry .............................................................................................. 3 2.6 Exterior Coating ...................................................................................... 3 3 Engineers Estimate .................................................... 3 4 Summary .................................................................... 4 4.1 Standard of Care .................................................................................... 4 4.2 Coating Evaluation ................................................................................. 5 List of Appendices Appendix A Evaluation Procedures Appendix B ASTM Standards Appendix C Grange Boulevard Water Tower Copy of ROV DVD SEH is a registered trademark of Short Elliott Hendrickson Inc. WATER TANK EVALUATION COTTG 147771 i Tank Evaluation Field Report General Information Project: Pine Hill Water Tower Project No. COTTG 147771 Owner: City of Cottage Grove Contact: Harry Taylor Î Public Works Supervisor Address: 12800 Ravine Parkway South, Cottage Grove, MN 55016 Evaluation Date: August 23, 2018 Inspector: Christopher Wolfgram (NACE #59021) Site nd Address: 7130 South 92 Street Description: North: Elementary School South: Residential East: Wooded West: Baseball Field Security: Door Lock Obstructions: None Overflow Discharge Orientation: East Direction of Site Drainage: East Tank Information Manufacturer: Horton Year Built: 1985 Contract No: 4600 Height to Construction Capacity Overflow Diameter (Gallons) Style Type (Feet) (Feet) Drawings Single Approx. 55 500,000 Welded 117 feet N/A Pedestal feet Coating Information INTERIOR WET INTERIOR DRY EXTERIOR Date Last Painted 2000 2000 2000 Classic Protective Classic Protective Classic Protective Painting Contractor Coatings Coatings Coatings Total or Partial Total Total Total Surface Preparation SP-10 Spot SP-10 SP-6 Coating System Epoxy Epoxy Epoxy/Urethane Coating Manufacturer Tnemec Tnemec Tnemec SEH is a registered trademark of Short Elliott Hendrickson Inc. WATER TANK EVALUATION COTTG 147771 i Water Tank Evaluation Pine Hill Water Tower Prepared for City of Cottage Grove, Minnesota 1 Remaining Tank Life Information obtained through our field evaluation process indicates that the City of Cottage Grove should consider the reconditioning of this facility. Work on the interior surfaces is based on the age of the existing coating system and the degree of observed failures. Painting with regard to the exterior surfaces is limited to maintenance painting and over-coating in order to extend the service life of the existing system. Reconditioning should be scheduled for sometime within the next 24 to 36 months. Upon completion of the recommended modifications, repairs, and coating application, this tank should continue to provide service to the City of Cottage Grove for many years to come. The normal expectancy of an elevated tower is 60+ years when prescribed periodic maintenance is followed. Periodic maintenance following guidelines as prescribed by AWWA in Manual M42 is recommended. 2 Recommendations Based on the information obtained during our Field Evaluation Process we recommend the following: 2.1 Structural 2.1.1 Interior Structural 1. Seal the following with elastomeric caulk to inhibit the occurrence of rust bleed: Gaps in the lapped plates including the dollar to roof plate, and roof to roof radial/torus plates (seams above the normal waterline) Roof openings and other roof penetrations 2. Replace interior wet and dry safety climb systems with new cable style systems 3. Add a safety climb system to the ladder in the base cone to comply with current OSHA Fall Protection guidelines 4. Replace manway hardware and gaskets 5. Replace missing/broken light bulbs in the access tube COTTG 147771 Page 1 2.1.2 Exterior Structural 1. Remove and replace the existing obstruction/aviation light and associated conduit with an LED system. Relocate the existing obstruction light from the center roof vent to the handrail 2. Remove the existing center-screened roof vent modifying the spool flange and replacing it with a new AWWA frost-free design 3. Replace the handrail system, with toe-plate, meeting OSHA standards that encompasses the roof vent and bowl access man-way to provide safer conditions when conducting periodic tank maintenance; That is also designed to accommodate existing/future telecommunications equipment 4. Modify the existing vent surrounding the access tube on the roof. This should be done in a manner that prevents incoming rain water, or the possibility of contaminants from entering 5. Clean out the existing overflow pipe at the discharge and replace the screen with a corrosion resistant 3/8" or larger mesh screen, or flap valve 6. Modify the existing overflow discharge, attach by welding, a blind flange to the existing discharge pipe, and a non-corrosive screen and bolt on cover flange 7. Provide new locks for all roof hatches 8. Remove loose, cracked, and spalled grout under the base plate. Repair using non-shrink 3,000 psi grout or elastomeric sealant as applicable 2.2 Telecommunication Install signage at the point-of-entry indicating the possibility of radio frequency (RF) exposure Current routing of coaxial cables prevents safe access when climbing the access ladder\[s\] Current routing of coaxial cables prevents opening of the man way\[s\] 2.3 Cathodic Protection This tank is not equipped with a cathodic protection (CP) system. Based on the condition of this tank, as observed during our investigation, the addition of a CP system is not warranted. 2.4 Interior Coating As stated earlier, the interior coating system is generally in good condition with minor repairs needed at the roof structural and lap seams. Therefore, recommended repairs are limited to partial reconditioning of identified areas of the roof and roof structural components, along with some isolated areas on the shell, bowl, and access tube. Failed areas should be abrasive blasted to an SSPC SP-10 "Near White" standard of cleanliness. All other surfaces should be brush blasted in accordance with SSPC SP-7. After cleaning, exposed surfaces should be painted with a compatible epoxy-polyamide system meeting standard NSF 61. The second coat is to be a tie-in coat to include areas disturbed by brush blasting. WATER TANK EVALUATION COTTG 147771 Page 2 2.5 Interior Dry Maintenance within the interior dry is limited to the access tube including section seams and ladder standoffs, platforms, and the bottom bowl. Failed areas should be abrasive blasted to an SSPC SP-6 "Commercial Blast" standard of cleanliness or prepared to an SSPC SP-11 "Power-Tool cleaning to Bare Metal" standard of cleanliness, and feathered to create a smooth transition. After cleaning, exposed surfaces should be painted with two-coats of a compatible epoxy-polyamide system. 2.6 Exterior Coating The exterior coating system is moderately chalked. This is quite common based on the age of the present system. Adhesion as stated in the Field Inspection Report appeared good. Therefore, a power-wash to remove dirt and other surface contaminants in addition to completing spot coating repairs is in order. Maintenance touch up should proceed starting with the above mentioned power-wash using a bleach solution to retard mildew growth. Spot abrasions or failed areas should be cleaned to an SSPC SP-11 "Power-Tool Cleaning to Bare Metal" level of cleanliness. Edges around spot areas should be feathered. This should be followed with spot touch up with a compatible primer for exposed steel, and a complete overcoat with an acrylic-polyurethane system. Periodic monitoring of the system should be conducted in accordance with AWWA guidelines. 3 Engineers Estimate Tank description Units Cost Interior Structural Caulking LF $6,000 Replace Safety Climbs LS $6,500 LS Interior Coating: $121,500 Exterior Structural Replace Roof Vent with AWWA LS $6,600 Replace Roof Handrail System LS $13,100 Replace Roof Aviation Light and Relocate LS $2,200 Seal the Access Tube Vent LS $1,400 Cleanout Overflow, Modify and Replace Screen LS $700 Foundation Grout Repair LS $1,400 LS Exterior Coating: $62,000 $233,000 Subtotal 15% Contingency $30,200 $42,000 Engineering and Inspection Estimated Project Cost $305,200 WATER TANK EVALUATION COTTG 147771 Page 3 The above project costs are based on current pricing derived from consultation with area contractors, suppliers, and manufacturers as applicable to the scope of work. SEH suggests that the project be bid several months prior to the anticipated start date attract competitive bids. We estimate this project to be completed in 8 weeks. SEH also recommends inspection during critical operations on the project to ensure proper surface preparation and coating system application, along with any other work noted herein. As an alternative, SEH through its subsidiary SEH Design Build can provide the City with seamless delivery of the entire project. State law specific to water tank maintenance allows City's to avoid the traditional contracting process and enter into reliable long-term maintenance agreements. Through SEH Design Build the City can defer full-payment up to five years, and have the workmanship guaranteed. SEH has teamed exclusively with Classic Protective Coatings. 4 Summary 4.1 Standard of Care The conclusions and recommendations contained in this report were developed in accordance with generally accepted professional engineering practices at this time and location. Other than this, no warranty is implied or intended. 4.1.1 Structural Evaluation Structural commentary under this section refers to the general condition of the foundation, and plate sections of the tank. Based on our visual examination of the tank structure and footings, it appears that the facility is in good condition at this time. However, modifications are necessary to bring it into compliance with current standards with respect to both ventilation and personal access. In addition, repairs within the tank interior are suggested before any recoating in order to enhance its long-term serviceability. Specific references to items requiring maintenance repair, replacement, or installations to provide code compliance are included in the Recommendation section of this report under Interior or Exterior Structural. Our inspection of the tanks footing revealed no significant cracking or spalling. The grout between the base plates and foundation was also found to be in good condition. The surrounding area is sloped away from the tank providing good drainage. Anchor bolts securing the base plate are in good condition. The interior of the tank is in good condition, with no observed pitting of steel plates. Few deficiencies were identified with regard to weld finish. WATER TANK EVALUATION COTTG 147771 Page 4 4.2 Coating Evaluation Interior and exterior paint chip samples were not extracted during our evaluation. Coating systems provided by the paint manufacturer, at the time of this tank's construction, were neither lead nor chromium based. The exterior system will not require any provisions that include the abatement of lead or chromium, or the disposal of hazardous waste materials. WATER TANK EVALUATION COTTG 147771 Page 5 Exterior Coating Summary Location: Exterior Area: Base Cone Adhesion: - Overall Condition: Good Minimum Maximum Average Dry Film Thickness: - - - Condition Severe Advanced Moderate Slight None/NA Rusting Blistering Cracking Peeling Pitting Chalking Delamination Comments: Slight rusting in localized areas at base plate, moderate chalking throughout Exterior Location: Riser/Pedestal Area: - Adhesion: Very Good Overall Condition: Minimum Maximum Average Dry Film Thickness: 8.1 11.8 10.0 Condition Severe Advanced Moderate Slight None/NA Rusting Blistering Cracking Peeling Pitting Chalking Delamination Comments: Moderate chalking throughout WATER TANK EVALUATION COTTG 147771 Page 6 Exterior Coating Summary Location: Exterior Area: Bottom Bowl Adhesion: - Overall Condition: Very Good Minimum Maximum Average Dry Film Thickness: - - - Condition Severe Advanced Moderate Slight None/NA Rusting Blistering Cracking Peeling Pitting Chalking Delamination Comments: Moderate chalking throughout, minor mildew growth present Exterior Location: Shell Area: - Adhesion: Very Good Overall Condition: Minimum Maximum Average Dry Film Thickness: - - - Condition Severe Advanced Moderate Slight None/NA Rusting Blistering Cracking Peeling Pitting Chalking Delamination Comments: Moderate chalking throughout WATER TANK EVALUATION COTTG 147771 Page 7 Exterior Coating Summary Location: Exterior Area: Roof (Outer) Adhesion: - Overall Condition: Fair Minimum Maximum Average Dry Film Thickness: 6.4 11.0 8.8 Condition Severe Advanced Moderate Slight None/NA Rusting Blistering Cracking Peeling Pitting Chalking Delamination Comments: Moderate rusting in localized areas with cracking and peeling, advanced chalking throughout Exterior Location: Roof (Inner) Area: - Adhesion: Fair Overall Condition: Minimum Maximum Average Dry Film Thickness: 6.4 11.0 8.8 Condition Severe Advanced Moderate Slight None/NA Rusting Blistering Cracking Peeling Pitting Chalking Delamination Comments: Moderate rusting in localized areas with cracking and peeling, advanced chalking throughout WATER TANK EVALUATION COTTG 147771 Page 8 Exterior Accessories Exterior Agency Level Condition Comments Compliant Yes Handrail Roof Very Good Angle No Agency Level Condition Type Size Comments Compliant Confined No Signage Yes Space No Entry Yes Access Tube Manways Roof Very Good Hinged 30Ñ No Yes Within Handrail Manways Roof Very Good Hinged 30Ñ No Yes Within Handrail Manways Roof Very Good Hinged 24Ñ No Yes Outside Handrail Manways Roof Very Good Hinged 24Ñ No Yes Replace with AWWA Vent Roof Good Screened 36Ñ No Frost-Free Level Number Comments Lights Roof 2 Dual Aviation/Obstruction Level No. Interference Comments Yes Antenna Roof 9 Panels No Size Type Condition Agency Comments Compliant Overflow/ Yes No air-break 8Ñ ScreenedGood Splash-pad No Termination >24Ñ Condition Comments Very Good Settlement Cracks Spalling Foundation/ Footings Grout: Repair Anchor Good Bolts Level Comments Paint N/A Sample WATER TANK EVALUATION COTTG 147771 Page 9 Interior Coating Summary Location: Interior Wet Area: Ceiling Adhesion: - Overall Condition: Fair Minimum Maximum Average Dry Film Thickness: 8.7 18.6 10.8 Condition Severe Advanced Moderate Slight None/NA Rusting Blistering Cracking Peeling Pitting Chalking Delamination Comments: Moderate rusting along seams and roof rafters, moderate chalking throughout Interior Wet Location: Upper Shell Area: - Adhesion: Fair Overall Condition: Minimum Maximum Average Dry Film Thickness: - - - Condition Severe Advanced Moderate Slight None/NA Rusting Blistering Cracking Peeling Pitting Chalking Delamination Comments: Moderate rusting along seams and edges, moderate chalking throughout WATER TANK EVALUATION COTTG 147771 Page 10 Interior Coating Summary Location: Interior Dry Area: Access Tube Adhesion: - Overall Condition: Fair Minimum Maximum Average Dry Film Thickness: 6.5 21.3 11.1 Condition Severe Advanced Moderate Slight None/NA Rusting Blistering Cracking Peeling Pitting Chalking Delamination Comments: Moderate rusting throughout, moderate chalking throughout Interior Location: Riser/Pedestal Area: - Adhesion: Good Overall Condition: Minimum Maximum Average Dry Film Thickness: - - - Condition Severe Advanced Moderate Slight None/NA Rusting Blistering Cracking Peeling Pitting Chalking Delamination Comments: Slight rusting in localized areas, moderate chalking throughout WATER TANK EVALUATION COTTG 147771 Page 11 Interior Accessories Interior Wet Agency Level Condition Comments Compliant Yes Ladders Access TubVery Good No Climb Yes Access TubGood Notched-rail Device No Agency Level Condition Type Size Comments Compliant 12Ñ x Yes Manways Access tubeGood Pressure 18Ñ No Level Number Comments Lights Catwalk Agency Compliant Comment Yes Yes Grating No No Yes Depth Removed: No Sediment Center Yes 0Ñ to 3Ñ No Agency Condition Comment Compliant Silt Stop Yes Yes Very Good Recirculation line: Yes No No No Cathodic Protection Type Comments Yes N/A No Interior Dry Agency Level Condition Comments Compliant Yes Ladders Riser Very Good None No Ladder Yes Riser Very Good None Cage No Climb Yes Riser N/A None Device No Yes Ladders Access TubeVery Good None No Climb Yes Access TubeGood Notched-rail Device No Level Number Comments Lights Access Tube Size Insulated Condition Agency Comments Compliant Fill Pipe Yes Yes ~12Ñ Good No No WATER TANK EVALUATION COTTG 147771 Page 12 Appendix A Evaluation Procedures Evaluation Procedures Tank Evaluation Methods The exterior of the tank was evaluated in conformance with the following: The guidelines set forth in AWWA D101, "Inspecting Steel Tank Standpipes, and Elevated Tanks for Water Storage," and Manual M42. The condition of ladders, bolted connections, and other appurtenances not specifically mentioned in the summary sections, or Coating Summary Report, should be assumed satisfactory. The surface of the interior coating system was examined by Remote Operated Vehicle (ROV) inspection. No structural analysis was conducted to determine if the tank's design complies with current standards of AWWA D100, "Welded Steel Tanks for Water Storage." However a physical assessment of tank appurtenances in accordance with current design standards was conducted and discoveries noted in this report. As part of the evaluation, conditions that appeared unsafe or not in conformance with current OSHA regulations were recorded and are contained in this report. Coating Serviceability The estimated remaining service life of the coating systems is evaluated through the use of these instruments: dry film thickness gage, cross-cut guide kit, putty knife, and 30X microscope. Interior and exterior coatings, where accessible, were evaluated in accordance with Society for Protective Coatings SSPC PA-2 ÐMeasurement of Dry Film Thickness with Magnetic GagesÑ, using a Type 2 field probe and magnetic flux gage. In addition, a Tooke gage was utilized to identify the number of coating applications and estimated thickness of each coat. Since steel plates and structural members appeared visually to be in good condition, an ultrasonic thickness gage was not used during our evaluation. Where steel plates and structural members were assumed to be in poor condition based on the age of the facility, an ultrasonic thickness and or pit gage was used during the evaluation. The use of inspection instruments was combined with a thorough visual examination of accessible exterior areas for holidays (voids), runs, sags, surface contaminants, overspray, dry spray, delamination, steel condition under the coating system, and any other questionable deficiencies as objectively compared to ASTM and industry standards. Coating Assessment Criteria The overall condition of each area of the tank has been assessed within the following categories: severe, advanced moderate, slight and none to determine the necessity for maintenance, if any. These categories have been devised by SEH to assist in quantifying the degree of failure observed, and are based on applicable ASTM standards. See Appendix B. These standards include, but are not limited to: ASTM D 3359 Test Method for Measuring Adhesion by Tape ASTM D 610 Method for Evaluating Degree of Rusting ASTM D 714 Test Method for Evaluating the Degree of Blistering of Paints Severe Advanced Moderate Slight None Standard ASTM (Very poor) (Poor) (Fair) (Good) (Excellent) Adhesion D 3359 0 1 2 3 to 4 5 Rusting D 610 4 5 6 to 7 8 to 9 10 Blistering D 714 Dense Medium Dense Medium Few Pitting G-46 5 4 3 1 to 2 WATER TANK EVALUATION COTTG 147771 A-1 Appendix B ASTM Standards Appendix C Pine Hill Water Tower Copy of ROV DVD Sustainable buildings, sound infrastructure, safe transportation systems, clean water, renewable energy and a balanced environment. Building a Better World for All of Us communicates a companywide commitment to act in the best interests of our clients and the world around us. WeÓre confident in our ability to balance these requirements. Appendix B Additional Site Photos Appendix C Annual Warranty Inspection Format of 2 1 Page , as well as original (s) NACE \[ \] SSPC \[ \] AWS \[ \] Professional Engineer Inspector Certification\[ \]Email AddressWeather Conditions attached to inspection documentation \] Unsatisfactory Annual Inspection Documentation Satisfactory \[ \] UnsatisfactorySatisfactory \[ \] UnsatisfactorySatisfactory \[ \] UnsatisfactorySatisfactory \[ \] UnsatisfactorySatisfactory \[ \] Unsatisfactory Inspector Name(s)Telephone NumberDate\[ \] Satisfactory \[\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \]\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \]\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \]\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \]\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \]\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory Provide comment for any item marked “Unsatisfactory”. . Condition Proper Location Outlet & Screen & Cage INSPECTOR INFORMATION Company NameCompany AddressCity Representative Photos shall be provided in a summary format of no more than 4 photos per 8.5 x 11 report sheetphoto files provided in electronic .jpeg format GENERAL OBSERVATIONS Site Condition (restoration, standing water, etc.)Security (locks, graffiti, etc.)Overflow Splashpad ConditionFoundation Condition (cracks, spalling, etc.) Telecom Equipment Interference Heated EnclosurePiping/Panels Within EnclosureLadderFall Prevention EquipmentInsulation and JacketingOverflow Within Dry InteriorLights (note unlit or damaged lights)Stem HatchTank Bowl PenetrationsTank Drain Valve (operate)Bowl HatchAccess Tube HatchTop Plate PenetrationsAviation Light (verify operation)Vent Screen ConditionVent Vacuum Pallet in Cottage Grove Pine Hill Water Storage Tank of 2 2 Page Satisfactory \[ \] UnsatisfactorySatisfactory \[ \] UnsatisfactorySatisfactory \[ \] UnsatisfactorySatisfactory \[ \] UnsatisfactorySatisfactory \[ \] UnsatisfactorySatisfactory \[ \] UnsatisfactorySatisfactory \[ \] Unsatisfactory \[ \]\[ \] Satisfactory \[ \] Unsatisfactory\[ \]\[ \] CONDITION\[ \] Satisfactory \[ \] Unsatisfactory\[ \]\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory CONDITION\[ \]\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \]\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory CONDITION\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \] Satisfactory \[ \] Unsatisfactory\[ \]\[ \] Satisfactory \[ \] Unsatisfactory ) , to the extent visible Pine Hill Water Storage Tank Annual Inspection Documentation EXTERIOR COATING CONDITIONSLOCATION FoundationBaseplate, Anchor Bolts, ChairsBaseconeDoorOverflowStemBowlSidewallLogosTop Knuckle Outside HandrailHandrailRoof Within HandrailRoof Hatches, Flanges, etc.DRY INTERIOR COATING CONDITIONSLOCATION FoundationBaseconeLower Platform Top and BottomStem Lower Section Middle Platform Top and BottomStem Middle SectionUpper Platform Top and BottomStem Above Upper PlatformTank BowlAccess Tube WET INTERIOR COATING CONDITIONSLOCATION Above Water LineSidewall Within Operating LevelBelow Water Line (Sidewalls)Below Water Line (FloorLadderOverflow Cottage Grove DRAWINGS