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IP #777COUNCIL 7 7 7 e ?Ottla-et � - I --------- = REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works June 13, 2005 Consent Item No. By: Guy Johnson By: Y 1 6.7 MOTIOWfO ACCEPT THE RELINING OF 1,685 FEET OF SANITARY SEWER PIPE AND FOUR (4) MANHOLES (IMPROVEMENT PROJECT NO. 777) REQUESTED ACTION Staff recommends that Council approve a motion to accept the sanitary sewer lining project and authorize final payment to Visu-Sewer Clean & Seal Inc., in the amount of $6,674.94. POLICY/PAST PRACTICE This work coincides with the city's mission of delivering quality public services to residents, property owners, and organizations within the city in a prudent and efficient manner. BACKGROUND The city has been taking measures to reduce the inflow and infiltration (I and 1) of groundwater into our existing sanitary sewer infrastructure. Currently, city staff is actively inspecting the installation of existing sump pumps in the city's homes and businesses. The pipe relining project will also help reduce the amount of I and I that is introduced into the system, ultimately reducing the monthly charges from Metropolitan Council Environmental Services (MCES). Aside from the benefit of I and I reduction, the city is also extending the life of the sanitary sewer infrastructure. On September 27, 2004, Council approved the plans and specifications and ordered advertisement for bids for the relining of 1,685 feet of sanitary sewer pipe and four (4) manholes. The sewer pipe runs straight west from Boone Avenue just south of Bass Lake Road, through the field to International Parkway. Besides the pipe leaking at some of the joints, there are a number of unused service stubs that are bringing ground water into the city's collection system. The fact that the sewer pipe is more than 20 feet deep under Boone Avenue made this pipe repair an excellent candidate for a relining project with no excavation required. The project had one change order to the contract for an alternative method of sealing the manholes. This resulted in a reduction of $4,640 to the contract. The lining and sealing of the pipe was completed in 2004. Because of weather conditions, the sealing of the four manholes was completed this spring. FUNDING The city's original contract with Visu-Sewer Clean & Seal Inc., for $62,138.75 was decreased by $4,640 with a change order. With the reduction from the change order, the final cost of the project was $57,498.75. Funds for the project are available through the sanitary sewer operating budget. ATTACHMENTS Attached is a copy of the final pay request. MOTION BY SECOND BY l:RFA\Pubworks\2005\777Sanitary Sewer Final Bonestroo Rosene Anderiik & Associates Engineers & Architects Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: May 4 2005 For Period: 2/1/2005 to 5/4/2005 Request No: 2 AND FINAL Contractor: Visu -Sewer Clean & Seal Inc., 7905 Beech St. NE, Fridley, MN 55432 CONTRACTOR'S REQUEST FOR PAYMENT 2004 SANITARY SEWER REPAIRS BRA FILE NO. 000034- 04165 -0 SUMMARY 1 Original Contract Amount $ 62,138.75 2 Change Order - Addition $ 0,00 3 Change Order - Deduction $ 4,640.00 4 Revised Contract Amount $ 57,498,75 5 Value Completed to Date $ 57,498.75 6 Material on Hand $ 0.00 7 Amount Earned $ 57,498.75 8 Less Retainage 0% $ 0.00 9 Subtotal $ 57,498.75 10 Less Amount Paid Previously $ 50,823.81 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 AND FINAL $ 6,674.94_ Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Specified Contract Completion Date: October 15, 2004 Approved by Owner: CITY OF NEW HOPE Date: 3404165 R EQ2Final.xis Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date BASE BID: 1 SEWER REHABILITATION WITH CIPP, 12 INCH LF 1685 31.75 1685 $53,498.75 2 SEAL MANHOLE WALL LF 60 144.00 60 $8,640.00 TOTAL BASE BID: $62,138.75 Change Order Number 1 1 SEAL MANHOLE WALL LF 60 - 144.00 60 ($8,640.00) 2 SEAL MANHOLE WALL (CHEMICAL GROUT) EA 4 1000.00 4 $4,000.00 TOTAL CHANGE ORDER NO. 1 ($4,640.00) Total BASE BID: $62,138.75 TOTAL CHANGE ORDER NO. 1 ($4,640.00) Total Work Completed To Date $57,498.75 3404165RE02Final.xls PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE BRA FILE NO. 000034 - 04165 -0 CONTRACTOR VISU -SEWER CLEAN & SEAL INC CHANGE ORDERS No. Date �lnc rrinti�n A— -4- 1 12/27/2004 This change order provides for changes in the method for lining the manhole walls. See Change Order. ($4,640.00) 2,674.94 53,498.75 2 AND FINAL 02/01/2005 05/04/05 6,674.94 Revised Contract 57,498.75 Total Change Orders ($4,640.00) PAYMENT SUMMARY No. Frnm Tn 1 10/12/2004 01/31/05 1 50,823.81 1 2,674.94 53,498.75 2 AND FINAL 02/01/2005 05/04/05 6,674.94 Revised Contract 57,498.75 Material on Hand Total Payment to Date $57,498.75 Original Contract $62,138.75 Retaina e Pay No. 2 AND FINAL Change Orders $4,640.00 Total Amount Earned $57,498.75 Revised Contract $57,498.75 3404165REWFinalAs MINNESOTA Depar tment of Revenue Withholding Affidavit for Contractors IC -1 34 This affidavit must be approved by the Minnesota Department of Revenue before the state of ' AY 5 Minnesota or any of its subdivisions can make final payment to contractors. `C 0.:' <d c. r C A. - d � a o G' 'C 0 V; X i Please type or print clearly. This will be your mailing label for returning the completed form. Company name , Daytime phone J Visu -Sewer Clean & Seal, Inc. J (262)695 -2340 J Address J Total contract amount W230 N4855 Betker Drive J $ 57,498.75 J c ewaukee WI Zip 53072 J Amount s6td674.94 Project number Project location 777 ( New Hope, MN Project owner Address City State Zip code City of New Hope 4401 Xylon Avenue North New Hope MN 55428 -48 98 Did you have employees work on this project? MYes ❑No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. Sole contractor ❑ Subcontractor Name of contractor who hired you ❑ Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC -134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC -134. If you need more space, attach a separate sheet. Business name Address Owner /Officer I declare that all information t have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency. Phillip '7 _ S . Romagna Mail to: MN D t. of R enue, Vif thholding Division, Mail Station 6610, St, Paul, MN 55146-6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Deportment of Revenue approval Date UAW Minnesota tax ID number 3042816 lonth /year work began 11/2004 04/2005 Stock No. 5000134 IRe�. 11/991 Printed on recycled paper with 10% pcstconsumer waste using soy -based ink. Instructions for Form IC- 134 Who must file If you are a prime contractor, a contractor or a subcontractor who did work on a project for the state of Minnesota or any of its local government subdivisions — such as a county, city or school district — you must file Form IC -134 with the Minnesota Department of Revenue. This affidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work. If you're a prime contractor and a subcontractor on the same project If you were hired as a subcontractor to do work on a project, and you subcontracted all or a part of your portion of the project to another contractor, you are a prime contractor as well. Fill out both the subcontractor and prime contractor areas on a single form. When to file The IC -134 cannot be processed until you finish the work. If you submit the form before the project is completed, it will be returned to you unprocessed. If you are a subcontractor or sole contractor, send in the form when you have completed your part of the project. If you are a prime contractor, send in the form when the entire project is completed and you have received certified affidavits from all of your subcontractors. How to file If you have fulfilled the requirements of Minnesota withholding tax laws, the Department of Revenue will sign your affidavit and return it to you. If any withholding payments are due to the state, Minnesota law requires certified payments before we approve the IC -134. Submit the certified affidavit to the government unit for which the .work —, us done to rv. <, y o= final payment. If you are a subcontractor, submit the certified affidavit to your prime contractor to receive your final payment. Where to file Mail to: MN Dept. of Revenue Withholding Tax Division Mail Station 6610 St. Paul, MN 55146 -6610 Minnesota tax ID number You must fill in your Minnesota tax ID number on the form. You must have a Minnesota tax ID number if you have employees who work in Minnesota. If you don't have a Minnesota ID number, you must apply for one. Call (651) 282 -5225 or 1 -800- 657 -3605. if you prefer, you can get an application (Form ABR) from our web site, or by calling or writing us. If you have no employees and did all the work yourself, you do not need a Minnesota tax ID number. If this is the case, fill in your Social Security number in the space for Minnesota tax ID number and explain who did the work. Use of information The Department of Revenue needs all the information to determine if you have met all state income tax withholding requirements. If all required information is not provided, the IC -134 will be returned to you for completion. All information on this affidavit is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the same privacy and certain government agencies as provided by law. Information and assistance If you need help or more information to complete this form, call (651) 282 -9999 or 1- 800- 657 -3594. Additional forms are available on our website at www.taxes.state.mn.us or by calling (651) 296 -4444 or 1- 800 -657 -3676. You can also write for forms at the following address: Minnesota Tax Forms Mail Station 1421 St. Paul, MN 55146 -1421 TTY users may contact the department through the Minnesota Relay Service at 1-800-627-3529. We'll provide information in an alternative format upon request to persons with disabilities. COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works October 25, 2004 Consent Item No. By: Guy Johnson By: ,` 6.4 RESOLUTION ORDERING CONSTRUCTION OF AND AWARDING CONTRACT FOR RELINING OF 1,685 FEET OF SANITARY SEWER PIPE AND FOUR (4) MANHOLES (IMPROVEMENT PROJECT 777) REQUESTED ACTION Staff requests approval of a resolution ordering construction and awarding the contract to the low and responsible bidder, Visu -Sewer Clean & Seal Inc., in the amount of $62,138.75. The contract is for the relining of 1,685 feet of sanitary sewer pipe and four (4) manholes. POLICY /PAST PRACTICE This work coincides with the city's mission of delivering quality public services to residents, property owners, and organizations within the city in a prudent and efficient manner. BACKGROUND The city has been taking measures to reduce the inflow and infiltration (I and 1) of groundwater into our existing sanitary sewer infrastructure. Currently, city staff is actively inspecting homes and businesses within the city limits for improper sump pump connections to the sanitary sewer system. This project will help reduce the amount of I and I that is introduced into the system, ultimately reducing the monthly charges from Metropolitan Council Environmental Services (MCES). Aside from the benefit of I and I reduction, the city is also extending the life of the sanitary sewer infrastructure. On September 27, 2004, Council approved the plans and specifications and ordered advertisement for bids for the relining of 1,685 feet of sanitary sewer pipe and four (4) manholes. The sewer pipe runs west from the hill on Boone Avenue just south of Bass Lake Road, to International Parkway. Besides the pipe leaking at some of the joints, there are a number of unused service stubs that are flowing ground water into the city's collection system. The fact that the sewer pipe is more than 20 feet deep under Boone Avenue makes this pipe repair an excellent candidate for a relining project with no excavation required. FUNDING The engineer's estimate for the sewer pipe relining project was $80,000. Funding for this project is provided though the sanitary sewer operating budget. ATTACHMENTS The engineer's memorandum, a resolution ordering the project and awarding the contract, a copy of the bid tab, and a map showing the area of the proposed project are attached. MOTION BY �J olwnotl SECOND BY . TO: I:RFA \Pubworks\2004 \777 AwardingPipeLiningContract RESOLUTION NO. 04 -177 RESOLUTION ORDERING CONSTRUCTION OF AND AWARDING CONTRACT FOR RELINING OF 1,685 FEET OF SANITARY PIPE AND FOUR MANHOLES IMPROVEMENT PROJECT NO. 777 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council has heretofore considered and approved plans and specifications and ordered bids for relining of 1,685 feet of sanitary sewer and four manholes identified as Public Improvement Project No. 777, (hereafter Project). This work is necessary to reduce the inflow and infiltration (I and I) of ground water into existing sanitary sewer infrastructure located near and west of the hill on Boone Avenue just south of Bass lake Road to International Parkway. This action and the City staff's bid advertisement action for the Project is hereby ratified and approved. Based on a consideration of these plans and specifications, presentations by the City staff and City Engineer on this project and this Councils own consideration for the need for this project, this Council does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered 2. That advertisement for bids for the construction of said improvement was duly and lawfully published in the New Hope - Golden Valley Sun -Post, the official newspaper of the City and in The Construction Bulletin. 3. That bids for the relining of the sanitary sewer and manholes identified as Public Improvement Project No. 777 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North on October 12, 2004, as heretofore authorized by this Council. 4. It is hereby found and determined by this Council that the bid of Visu -Sewer Clean & Seal, Inc. for the construction of said project in the amount of $62,138.75 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have recommended to this Council the said low bid for the award of the contract for the construction to the designated lowest responsible bid. 5. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with Visu -Sewer Clean & Seal, Inc., subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. —1— Adopted by the City Council this 25`' day of October, 2004. Do lier, Mayor Attest: Valerie Leone, City Clerk P: \Attomey \Cnh Resolutions \CNH99 - 10030 - 010 -reso ordering proj and awarding contract project 777.doc —2— Bonestroo Rosene Anderlik & Associates Engineers & Architects October 12, 2004 2335 West Highway 36 . St. Paul, MN 55113 Office: 651- 636-4600 • Fax: 651- 636 - 1311 www,bonestroo.com Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: 2004 Sanitary Sewer Repairs Project File No. 34 -04 -165 Recommendation of Contract Award Bids were opened for the Project stated above on Tuesday, October 12, 2004 at 11:00 A.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of four Bids. The following summarizes the results of the Bids received: Contractor Bid Amount Low Visu -Sewer Clean & Seal, Inc. $62,138.75 #2 Lametti & Sons, Inc. $65,020.00 #3 Instituform Technologies USA, Inc. $68,773.00 #4 Veit & Company, Inc. $76,745.00 The low Bidder on the Project was Visu -Sewer Clean & Seal, Inc. with a Base Bid of $62,138.75. These Bids have been reviewed and found to be in order. All of the above Contractors have proven they are capable of performing the work associated with this type of Project. If the City Council wishes to award the Project to the low Bidder, then Visu -Sewer Clean & Seal, Inc. should be awarded the Project on the Base Bid Amount of $62,138.75. Should you have any questions, please feel free to contact me at (651) 604 -4868. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. --7A,,,10 w 3 Thomas W. Peterson, P.E. Enclosures ■ St. Paul, St. Cloud, Rochester, Willmar, MN r Milwaukee, WI ° Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned Bonestroo Rosene Project Name: 2004 Sanitary Sewer Repairs 1 hereby certify That this is an exact Anderlik & Project No.: File No.: 34 -04 -165 reproduction of bids rec . d. Associates �ZA Engineers & Architects Bid Opening: Tuesday, October 12, 2004 at 11:00 AM Owner: City of New Hope homas W. Peterson, P.E. Registration No. 16610 Bidder No. 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 BID TABULATION Visu -Sewer Clean & Seal Lametti & Sons Inc Insituform Technologies Veit & Company Inc Inc USA Inc Item m Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 SEWER REHABILITATION WITH CIPP, 12 INCH LF 1685 $31.75 $53,498.75 $32.00 $53,920.00 $33.80 $56,953.00 $37.00 $62,345.00 2 SEAL MANHOLE WALL LF 60 $144.00 $8,640.00 $185.00 $11,100.00 $197.00 $11,820.00 $240.00 $14,400.00 TOTAL BASE BID $62,138.75 $65,020.00 $68,773.00 $76,745.00 Contractor Name and Address: Visu -Sewer Clean & Seal Inc Lametti & Sons Inc insituform Technologies USA Veit & Company Inc W230 N4855 Betker Drive 16028 Forest Boulevard Inc 14000 Veit Place Pewaukee WI 53072 North 17988 Edison Avenue Rogers MN 55374 Hugo MN 55038 Chesterrield MO 63005 Phone: (262) 695-2340 (651) 426 -1380 (636) 530 -8000 763- 428 -2242 Fax(262)695 -2359 (651) 426 -0044 (636) 530 -0751 763- 428 -8348 Signed By: Keith M. Alexander Guy J. Larson H. Douglas Thomas Greg Boelke Titie: President Vice President Vice President Vice President Construction Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: None None None None V 14 75 -LIE 9ERTY PARK 7 2 71 _32 J � < ........... .... ... 23 • 285 3 7Y < 4 5j ........ L e 2 . . 2 1 : END ? 0, 124 A0 4-oz Lw > BAP; 4 w: < . C. LI F _71 i STATION Na 4 , < ------ ...... 638 124 - 78 E s CEA .R,c: LR c r .............. 61; 72,3 �All -1 2J T: �23 PUB L I C 1 78 CHURCH p WORKS -i Y GARAGE.1 2 L 1 STATION No. 10 NEW HOPE NURSN H 0 7s , 60 ... .... . ..... .. 71 � 2335 West Highway 36 • St. Paul, MN 55113 Office: 651-636 - 4600 • Fax: 651 -636 - 1311 www.bonestroo.com October 26, 2004 Mr. Keith Alexander Visu -Sewer Clean & Seal, Inc. W230 N4855 Detker Drive Pewaukee, WI 53072 Re: City of New Hope, Minnesota 2004 Sanitary Sewer Repairs Project File No. 34 -04 -165 Contract Documents Enclosed are four (4) Contract Documents between you and the City of New Hope covering the above- referenced Project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr. Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Crossing #201 Brooklyn Park, MN 55443 -1983 After the necessary officials have signed the Contracts, please distribute as follows: 2 copies Visu -Sewer Clean & Seal, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Bonestroo & Associates, Attention: Tom Peterson Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre - construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Thomas W. Peterson, P.E. Enclosures: Four (4) Contract Documents cc;': Steven Sondrall, City Attorney Valerie Leone, City of New Hope ° St. Paul, St. Cloud, Rochester, Willmar, MN • Milwaukee, WI ° Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned ACORA CERTIFICATE LIABILITY INSURANCE 11/10/2004' PRODUCER (800) 566 -7007 FAX (262) 574 -7080 R & R Insurance Services, Inc. 1581E Racine Avenue PO Box 1610 Waukesha, WI 53187 -1610 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Vi su Sewer Clean & Seal Inc W230N4855 Betker Rd Pewaukee, WI 53072 -1430 INSURERA: Valley Forge Ins Co 20508 INSURERS: Amer Casualty Co Reading,PA 20427 INSURERC: Continental Casualty 20443 wsURERD: Transportation Ins Co 20494 INSURERS: National Surety 04/01/2005 rnVFRAnPR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS New Hope, MN 55428 GENERAL LIABILITY TCP205 5 717470 04/01/2004 04/01/2005 EACH OCCURRENCE $ 1 ,000, 00 0 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300 CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5, A X $ 3000 GLPD Ded Occ PERSONAL & ADV INJURY $ j , 000 00 GENERAL AGGREGATE $ 2, 000 , 00 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1 ,000, 00 0 POLICY X P T LOC JC AUTOMOBILE LIABILITY ANY AUTO BUA2055717498 04/01/2004 04/01/2005 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000,00 0 X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY CUP2055717503 04/01/2004 04/01/2005 EACH OCCURRENCE $ 1,000, X - 1 OCCUR FI CLAIMS MADE AGGREGATE $ 1,000, $ C $ DEDUCTIBLE X RETENTION $ 10,00 $ WORKERS COMPENSATION AND WC205 5 717484 04/01/2004 04/01/2005 X I WC STATU- I 1OTH- TORY D EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE $ 50 0_ , 00 -� If yes, describe under SPECIAL PROVISIONS below ^- "— �` - - -- E.L. DISEASE - POLICY LIMIT - ^ $ 500, E OTHER Excess Umbrella XTM86114519 04/01/2004 04/01/2005 $9,000,000 Per Occurrence $9,000,000 Aggregate No Retention DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roject: 2004 Sanitary Sewer Repairs, Project No 34 -04 -165, City Project #777 ertificate holder, owner, and engineer are added as additional insured per GL form #G17957G and uto form #CA2001. Coverage is primary and non contributory. Waiver of subrogation in favor of the certificate holder under GL (CG2404) and Workers Compensation (WC000313). r1= 0TICl1'e'TC unl n1=D rAAIrGI 1 ATInKI ACORD 25 (2001!08) FAX: (262)695 -2359 ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of New Hope BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 4401 Xyl on Avenue North OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE New Hope, MN 55428 Thomas Scheider /C159 ACORD 25 (2001!08) FAX: (262)695 -2359 ©ACORD CORPORATION 1988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ji . . . . . . . . . . . . January 3, 2005 Mr. Keith Alexander Visu-Sewer Clean & Seal, Inc. W230 N4855 Dekter Road Pewaukee, WI 53072 SUBJECT: 2004 SANITARY SEWER REPAIRS — (IMPROVEMENT PROJECT NO. 777) Enclosed are two fully executed contract documents for New Hope Project No. 777. One set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on October 25, 2004, for $62,138.75. Enclosed is return of your bid bond. Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Guy Johnson, Director of Public Works, at 763-592-6766. Sincerely, a l- � Le- Valerie Leone City Clerk, CMC enc. cc: Steve Sondrall, City Attorney (File No. 99.10030-010) Vince VanderTop, Assistant City Engineer (File No. 34-04-165) Guy Johnson, Director of Public Works 4401 Xylon Avenue North * New Hope, Minnesota 55428-4898 * www. ci.new-hope.n City Hall: 763-531-5100 * Police (non-emergency): 763-531-5170 + Public Works: 763-592-6777 + TDD: 763-531-5109 City Hall Fax: 763-531-5136 * Police Fax: 763-531-5174 * Public Works Fax: 763-592-6776 COUNCIL U' V� REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works January 24, 2005 Consent Item No. By: Guy Johnson B . 6.4 RESOLUTION APPROVING CHANGE ORDER NO. 1 RELATING TO CONTRACT FOR RELINING 1,685 FEET OF SANITARY SEWER PIPE AND FOUR MANHOLES IMPROVEMENT PROJECT NO. 777 REQUESTED ACTION Staff is recommending that the Council approve a change order to the contract with Visu -Sewer Clean & Seal Inc. for the relining of 1,685 feet of sanitary sewer pipe and four (4) manholes. The change order will result in a reduction of $4,640 to the contract. POLICY /PAST PRACTICE This work coincides with the city's mission of delivering quality public services to residents, property owners, and organizations within the city in a prudent and efficient manner. BACKGROUND The city has been proactive in the past in its efforts to reduce the inflow and infiltration (I and 1) of groundwater into our existing sanitary sewer infrastructure. Currently, city staff is actively inspecting homes and businesses within the city limits for improper sump pump connections to the sanitary sewer system. This project will help reduce the amount of I and I that is introduced into the system, ultimately reducing the monthly charges from Metropolitan Council Environmental Services (MCES). Aside from the benefit of I and I reduction, the city is also extending the life of the sanitary sewer infrastructure. On September 27, 2004, Council approved the plans and specifications and ordered advertisement for bids for the relining of 1,685 feet of sanitary sewer pipe and four (4) manholes. The sewer pipe runs from Boone Avenue just south of Bass Lake Road, through the field and straight west to International Parkway. Besides the pipe leaking at some of the joints, there are a number of unused service stubs that are bringing ground water into the city's collection system. The fact that the sewer pipe under Boone Avenue is more than 20 feet deep makes this pipe repair an excellent candidate for a relining project with no excavation required. The change order is for an alternative method that was used to seal the four manholes in the project. The original contract specifications called for a lining procedure to the inside of the four structures. During the project, the contractor submitted a grouting procedure as an alternate method for sealing the four structures. Staff and the city's consulting engineers reviewed documentation on the procedure and agreed that it was an equal or better alternative to the lining process. The original lining procedure cost for the four manholes was $8,640. The cost of the grouting procedure was $4,000, for a $4,640 savings. FUNDING Visu -Sewer Clean & Seal Incorporated's original contract for the sewer pipe relining project was $62,138.75. With this change order the final contract amount is $57,498.75. Funding for this project is provided though the sanitary sewer operating budget. ATTACHMENTS Copies of the engineer's memorandum, the resolution, the change order, and illustrations of the grouting procedure are attached. MOTION BY ;dt} SECOND BY TO: ,,) 65 - /9 I:RFA \Pubworks \2005 \777Sanitary Sewer Change Order RESOLUTION NO. 05 - 18 RESOLUTION APPROVING CHANGE ORDER NO. 1 RELATING TO CONTRACT FOR RELINING 1,685 FEET OF SANITARY SEWER PIPE AND FOUR MANHOLES IMPROVEMENT PROJECT NO. 777 BE IT RESOLVED by the City Council of the City of New Hope that Change Order No. 1 to the contract with Visu -Sewer Clean & Seal, Inc. for relining 1,685 feet of sanitary sewer pipe and four (4) manholes identified as Improvement Proj ect No. 777 is hereby approved. Change Order No. 1 will result in a Four Thousand Six Hundred and Forty Dollar ($4,640.00) reduction to the contract amount resulting from the use of the alternative method to seal the manholes in the project. Dated the 24 day of January, 2005. Martin E. Opem, Mayor Attest: L' _ Valerie Leone, City Clerk P: \ATTORNEY\CNH RESOLUTIONS \CNH99 - 10030- 015 -RESO APPROVING CHANGE ORDER 1- PROJECT 777.DOC 2335 West Highway 36 ° St. Paul, MN 55113 Bonestroo Office: 651-636 °Fax: 651-636 - 1311 ROSene Anclerlik & www.bonestroo.com Associates Engineers & Architects January 7, 2005 Mr. Guy Johnson City of New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 2004 Sanitary Sewer Repairs City Project No. 777 Bonestroo Project No. 34 -04 -165 Dear Guy: Enclosed find the signed change order and final pay request for the 2004 Sanitary Sewer Repairs project. All work involved with the project is complete. We recommend approval the amount of $57,498.75 upon receipt of the of Change Order #1 and final payment in signed IC -134 form. The change order results in a reduction in the contract amount due to the use of an alternate method for the sealing of the manholes. The original plan was to use a liner for the sealing of the structures. Instead, a chemical grout was used for the sealing. This alternate method provided a savings of $4,640.00 without compromising the purpose or quality of the sealing work. The original contract was for $62,138.75. The change order allowed the work to be completed for $57,498.75, or $4,640.00 (7.5 %) less than the original contract. If you have questions, please contact me at 651 -604 -4938. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Jason Quisberg enclosure • St. Paul, St. Cloud, Rochester, Willmar, MN ° Milwaukee, Wl • Chicago, IL Affirmative Action /Equal opportunity Employer and Employee owned MORIN Chemical grout was first developed and applied in 1955. Since that time it has been used to stop leaks in sewers, manholes, tanks, vaults, tunnels, and many other applications all over the world. Recent studies and over 40 years of experience indicate that America's first trenchless technology is still the best, most cost - effective, long -term defense against infiltration of groundwater into structurally sound sewer systems. CHEMICAL GROUT FORMS A WATERPROOF COLLAR AROUND LEAKING PIPES AND MANHOLES Chemical grouts do not stop sewer leaks simply by filling joints and cracks. r- hvmicgk are f0TCed This watertight collar adheres to the outer surface of the pipe or manhole where it will stay indefinitely unless removed by excavation or exposed to sunlight for long periods of time. If groundwater pressures increase, the collar will be pressed even more tightly against the structure, increasing its ability to stop leaks. If the humidity in the soil declines for a long period, the grout may begin to dry, also. However, when the soil humidity returns, the grout will absorb moisture and return to its original condition. The soil humidity around leaking manholes and sewers is almost always high enough to prevent any significant shrinkage of the gel. STOP LEAKS FIRST AT THE FOUR CRITICAL POINTS OF ENTRY Most infiltration enters structurally sound sewer systems through joints, manholes, service connections, and the first few feet of the service lateral. The best and most economical way to stop these leaks is with chemical grout. Chemical grouting usually costs less than ten dollars per foot for average residential lines. That makes it the least expensive rehabilitation method available, and it is also the least disruptive. GROUT CAN STOIC' THE LEAKS OTHER PROCESSES MISS Many trenchless processes are available fnr ctnictural rehabilitation of pipelines, January 25, 2005 Visu -Sewer Clean & Seal, Inc. W230 N4855 Becker Drive Pewaukee, WI 53072 Subject: Change Order No. 1 — Project No. 777 (2004 Sanitary Sewer Repairs) Enclosed for your records are two fully executed copies for the above - referenced Change Order. Please forward one copy to your bonding company. The change order amount was a deduct of $4,640. This change order was approved by the New Hope City Council at its meeting of January 24, 2005. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, Director of Public Works Vince Vander Top, BRAA (BRAA #34 -02 -165) 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 ® www. ci.new- hope.n-n.us City Hall: 763- 531 -5100 ® Police (non - emergency): 763- 531 -5170. Public Works: 763- 592 -6777 ® TDD: 763 - 531 -5109 City Hall Fax: 763- 531 -5136 ® Police Fax: 763- 531 -5174 ® Public Works Fax: 763- 592 -6776 Jan 19, 2005 Cathy White Bonestroo, Rosene, Anderlik & Assoc. 2335 West Hwy 36 St.Paul, MN 55113 RE: IC -124 for New Hope 2004 Sanitary Sewer Repairs BRA File No. 34 -04 -165 Enclosed is the signed IC -124 for the above mentioned project. If you have any questions, please contact our office. Sincerely, Ronald E. Fenney, General Manager Serving- Municipalities, Utilities and Industry .w rrr':. MINNESOTA Department of Revenue W ithhold ing Affidavit for Contractors IC -134 This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. — — — — — — — — — — — rCompany name — ) Daytime phone Visu -Sewer Clean & Seal, Inc. ( (763)252 -0004 Address ( Total contract amount 7905 Beech St. N.E. 0 $57,498.75 City State Zip Code ' Amount still due L Fridley, -- Minnesota— 55432 - - J $57,498.75 Month /yeor work began 10 -2004 ❑ Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC -134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. for each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC -134. If you need more space, attach a separate sheet. Business name Address Owner /Officer I declare that all information l have filled in on this form is true and complete to the best of m knowledge and belief. 1 authorize the Department of Revenue to disclose pertinent information relating to this project including sending copies of this form, to the prime contractor if t am a subcontractor, and to any subcontractors if t am a prime contractor, and to the contracting agency. Contractor's signature / Title Date ,,"Sal -1 r r�n„pz��tl�� -� beneral Manager 12 - 3 0 - 04 ue, Withholding Division, Mailmen 6610, St. Paul, MN 55146 -6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the. requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. � Deporim yenue va approl_ " "" Date s P X005 . , Minnesota withholding tax ID number ft342iR -15- Sock No. 5000134 (Rev. I I/ v 5) • • Who must file? If you are a prime contractor, a contractor or a subcontractor who did work on a project for the state of Minnesota or any of its local government subdivisions — such as a county, city or school district — you must file Form IC -134 with the Minnesota Department of Revenue. This affidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work. When to file The IC -134 cannot be processed until you finish the work. If you send it in for certification before the project is completed, it will be returned to you unprocessed. If you are a subcontractor or sole contractor, send in the form when you have completed your part of the project. If you are a prime contractor, send in the form when the entire project is completed and you have received certified affidavits from all of your subcontractors. How to file If you have fulfilled the requirements of Minnesota withholding tax laws, the Department of Revenue will sign your affidavit and return it to you. If any withholding payments are due to the state, Minnesota law requires that payment be made by money order, cashiers check, certified check or cash (M.S. 290.97). Are you a prime contractor and a subcontractor on the same project? If you were hired as a subcontractor to do work on a project, and you subcontracted all or a part of your portion of the project to another contractor, you are a prime contractor as well. Fill out both the subcontractor and prime contractor areas on a single form. Where to file MN Dept. of Revenue Withholding Tax Division Mail Station 6610 St. Paul, MN 55146 -6610 Minnesota tax ID number You must fill in your Minnesota withholding tax ID number on the form. You must have a Minnesota tax ID number if you have employees who work in Minnesota. If you do not have a Minnesota ID number, you must apply for one. Call (612) 282 -5225 or 1- 800 -657- 3605. Or write to the following address to request an application (Form ABR). Minnesota Tax Forms Mail Station 1421 St. Paul, MN 55146 -1421 If you have no employees and did all the work yourself, you do not need a Iviinnesota tax ID number. If this is the case, fill in your Social Security number in the space for Minnesota tax ID number and explain who did the work. Submit the certified affidavit to your prime contractor or to the government unit for which the work was done in order to receive your final payment. Use of information The Department of Revenue needs all the information, except your phone number, to determine if you have met all state income tax withholding requirements. If all required information is not provided, the IC -134 will be returned to you for completion. All information on this affidavit is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, oLheL states that guarantee the same privacy and certain government agencies as provided by law. Information and assistance If you need help or additional information to fill out this form, call (612) 282 -9999 or 1- 800 - 657 -3594. Hearing, speech or visually impaired? TDD users may contact the department through the Minnesota Relay Service. Call (612) 297 -5353 or 1- 800 - 627 -3529; ask for (612) 282 -9999. If you need information in an alternative format, such as Braille, large print or audio tape, we will provide it. To get more IC -134 forms if you need more IC -13 forms, call (612) 296 -4444 or 1 -800- 657 -FORM. Or write to: Minnesota Tax Forms Mail Station 1421 St. Paul, MN 55146 -1421 1 DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or 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. Thomas W. Peterson, P.E. Date: September 24, 2004 Reg. No. 16610 END OF DOCUMENT 34 -04 -165 0 2004 Bonestroo, Rosene, Anderlik & Associates Inc. PROFESSIONAL CERTIFICATIONS DOCUMENT 00010 TABLE OF CONTENTS 2004 SANITARY SEWER REPAIRS FILE NO. 34-04-165 NEW HOPE, MINNESOTA 2004 Introductory Information 00005. Professional Certification 00010. Table of Contents Bidding Requirements 00100. Advertisement for Bids 00200. Instructions to Bidders 00300. Information Available to Bidders 00410. Bid Form Contracting Requirements 00520. Agreement Form 00610. Performance Bond 00615. Payment Bond 00700. EJCDC C -700 Standard General Conditions of the Construction Contract (Bound in back of Project Manual) 00800. Supplementary Conditions Specifications Division 1— General Requirements 01100: Summary Sewer Lining Sanitary Sewer Manhole Interior Rehabilitation Sanitary Sewer Map- City of New Hope, 400 Scale END OF DOCUMENT 34 -04 -165 © 2004 Bonestroo, Rosene, TABLE OF CONTENTS Anderlik & Associates, Inc. DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 11:00 A.M., C.S.D.T., on Tuesday, October 12, 2004, at which time they will be publicly opened and read aloud for the furnishing of all labor, material, and all else necessary for the following: 2004 Sanitary Sewer Repairs Consisting of the following approximate quantities: 1685 LF Sewer Rehabilitation with CIPP, 12" 60 LF Seal Manhole Wall Bidders desiring a copy of the Drawings and Specifications may obtain them from the Issuing Office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 West Highway 36, St. Paul, MN 55113, (651) 636 -4600 upon payment of a non - refundable fee of $30.00. Drawings and Specifications may be seen at the office of the City of New Hope and at the Issuing Office. Drawings and Specifications can also be purchased with a credit card over the internet at www.bonestroo.com. Direct inquiries to Engineer's Project Manager, Tom Peterson at (651) 604 -4868. Each Bid shall be accompanied by a Bidder's Bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope, or a cash deposit equal to at least 5 percent of the amount of the Bid, which shall be forfeited to the City in the event that the Bidder fails to enter into a Contract. The City Council reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. Payment for the work will be by cash or check. The City Council reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the City. Daniel Donahue, City Manager City of New Hope, Minnesota 34 -04 -165 ADVERTISEMENT FOR BIDS 0 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. DOCUMENT 00200 INSTRUCTIONS TO BIDDERS 1.01 Terms used in these Instructions to Bidders 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. •'1 • 1 1��1 �• 2.01 Complete sets of the Bidding Documents in the number and for the non - refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete 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 within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND PROJECT SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Project Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Project Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of 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. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Project Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -2 INSTRUCTIONS TO BIDDERS 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Project Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of 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. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 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 Project Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Project 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 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Project Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, and clean up and restore the Project 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 excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Project Site by Owner or others (such as utilities and other prime contractors) that relates to the work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -3 INSTRUCTIONS TO BIDDERS 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Project Site and become familiar with and satisfy Bidder as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Project Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance of the work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; F. agree at the time of submitting its Bid that 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 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 Project Site that relates to the work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -4 INSTRUCTIONS TO BIDDERS I. 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; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated, or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. ARTICLE 5 - PRE -BID CONFERENCE 5.01 There will be no pre -Bid conference. ARTICLE 6 — PROJECT SITE AND OTHER AREAS 6.01 The Project Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the work are to be obtained and paid for by Contractor. 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 mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 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, or change the Bidding Documents as deemed advisable by Owner or Engineer. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -5 INSTRUCTIONS TO BIDDERS 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 and in the form of a certified check or bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until 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 returned. 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 annul the Notice of Award and the Bid Security of that Bidder will be forfeited. 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 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 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, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or describe in the Bidding Documents without consideration of possible substitute or "or- equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -6 INSTRUCTIONS TO BIDDERS ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the work for which such identification is required. 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, individual, or entity if requested by Owner. 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 a substitute, in which case apparent successful Bidder shall submit an acceptable 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. 12.02 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, individuals, or entities. Declining to make requested substitutions will not 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 revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid Item listed therein. 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 below the signature. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -7 INSTRUCTIONS TO BIDDERS 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 below the signature. 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 below the signature. 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 below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address 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 covenant to obtain such qualification prior to award of the Contract. Bidder's State Contractor License Number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. 13.13 Bidders may list proposed substitute items on the spaces provided on the Bid Form. Bidders shall clearly indicate the item name, Specification Section Number, and the Total Deduct to the Total Base Bid for each substitute item proposed. 13.14 Bidders shall circle the name of the Base Bid Manufacturer they will provide, if awarded the Contract. Bidders shall circle only 1 name for each item. If the Bidder fails to circle an item, the first item listed shall be provided. 13.15 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of the work if the Bidder is awarded the Contract. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -8 INSTRUCTIONS TO BIDDERS 14.01 Bid Unit Price With Alternates A. Bidders shall submit a Bid on a Bid Unit Price for each Bid Item of work listed in the Bid Form, and include a separate price for each Alternate described in the Bidding Documents as provided for in the Bid Form. The price for each Alternate will be the amount added to the Base Bid if Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or the Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid 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. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternate Bids. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids, and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation `BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -9 INSTRUCTIONS TO BIDDERS �' . •il � • � i li' � • :Ii 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the 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. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. 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. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Opening of Bids. 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. 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it fords after reasonable inquiry and evaluation, to not be responsible. 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. 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. 19.03 More than 1 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 1 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 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -10 INSTRUCTIONS TO BIDDERS 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, other individuals, or entities proposed for those portions of the work for which the identity of subcontractors, suppliers, other individuals, or entities must be submitted as provided in the Supplementary Conditions. 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. As a condition of its Bid, Bidder is required to waive any and all claims, of whatever nature, against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 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 executed Agreement to Owner, it shall be accompanied by such Bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -11 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other historical information regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. END OF DOCUMENT 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. INFORMATION AVAILABLE TO BIDDERS , Sonestroo Rosene BIDDER: l S�� - STc.1+.1�r, R C1rEE1►.� -1- S E[LL� �tJC Anderlik & Associates Engineers & Architects DOCUMENT 00410 BID FORM 2004 SANITARY SEWER REPAIRS FILE NO. 34 -04 -165 NEW HOPE, MINNESOTA 2004 81 U Copy THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 1.01 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, 2.01 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 Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date NON B. Bidder has visited the Project Site and become familiar with and is satisfied as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the work. 3404165BII)FORM.xls 00410 -1 BID FORM D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Project Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Project Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 340416513II)FORMals 00410 -2 BID FORM 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph 11.03.B 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 provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID: SEWER REHABILITATION WITH CIPP, 12 INCH LF 1685 $ 31,1S $ 5SAR11 SEAL MANHOLE WALL TOTAL BASE BID LF 0 S LAO. ►► 3404165BIDFORM.xls 00410 -3 BID FORM 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph 14.07.8 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 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. SUBMITTED on 0LT0i3Ef1 12.2o0+A 1 2004. If Bidder Is: An Individual Name (typed or printed): 0 (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): (SEAL) Phone No.: Fax No.: 3404165BIDFORMxis 00410 -4 BID FORM A Partnership Partnership Name: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: A Corporation Corporation Name: ,j t SU- SE AER Gl„r--At l + SF- AL,Tj4C. (SEAL) State of Incorporation: \ SCpt1 S 1 1.1 Type (General Business, Professional, Service, Limited Liability): Gp Nr:AgL. �uS FJE SS (Signature) 5T1 -tTp- Off' SIJC�RpORr�TtotO- (n}1SCOtJSt Name (typed or printed): KtitT N Title: PR'ES% OF-wT Attest A' ( !/CJa48k- — (CORPORATE SEAL) (Signature of Corporate Secretary) N1c0l.GL- WURSTLa, 0- orkpoa9kTL SE.G0.ET1RRy Business Street Address (No P.O. Box #'s): W t44RS:z'R' Tic ,gDRtyE Phone No.: (.Z. Vz) (, S - 2.S!q0 Fax No.: (Z Qt .) LA S - 23 S q 3404165BIDFORM.xls 00410 -5 BID FORM P 4 ( N°_ 27479 \t/ RECEIVED MAR 1 1984 Kn Be it J Visu -Sewer Clean & Seal, _Inc. whose corporate name in 111hinesota is Visu- Sewer.Clean & Seal, Inc. t 0 1 0 1 rol a corporation of the State of Wisconsin , incor on the 9th _ pi a _ 19 75 with— - -Per et _.. existence day of_ _.Y___ - -- � + --- - - - - -- - th and which maintains a registered o in the State of Ml nn e sotsa at nutnber4T 2nd Aye . S� Ag -C T Corp or ation _ astern Inc a in the City of Minneapoli County of He nnepin ! _ _ has diily complied ivith the provis' ions of the Minnesota Foreign Corporation 4rt Chapter 303 Minnesota Stattites, and is authari -ed to do btisinos herein with all the pouvrs, rights and privileges and subject to the limitations, doies and restrirtions which by l a-m appertain thereto. [V1tneis my official signature hereunto subscribed and the seal of the S tate of Minnesota hereunto afflxed this f ifteenth day of December in the year o f our Lord one thousand nine hundred an —three , iSeeretary of ,State This certificate does not entitte tilts corporatton to transact in Minnesota the buslnt" which only it .i�. bank, trust company or a buttdin4 and loan association MAY ttansact J NO M- I M 0 S H DO FOREIGN CORPORA'r1ON Certificate of Authority A Joint Venture Joint Venture Name: By: (SEAL) (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box Ws): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (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). END OF DOCUMENT . (SEAL) 3404165BIDFORM.xls 00410 -6 BID FORM O :N Mutuai.. r ' Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462 -1644 Ph. (610) 832 -8240 Bond Number: KNOW ALL MEN BY THESE PRESENTS, that we VISU -SEWER CLEAN & SEAL INC. W230 N4855 BETKER ROAD PEWAUKEE WI 53072 as principal (the "Principal "), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety "), are held and firmly bound unto CITY OF NEW HOPE as obligee (the "Obligee "), in the penal sum of FIVE PERCENT OF THE AMOUNT OF BID Dollars ($ - -- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: 2004 SANITARY SEWER REPAIRS - FILE NO. 34 -0 4 -165 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1) year from the date of this bond. if the provisions of this paragraph are void or prohibited by law, the minimurn period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 12TH day of OCTOBER 2004 WITNESS / ATTEST VISU -SEWER CLEAN & SEAL, INC �a,4 ,) ��, (Principal f I !J -s "-' � By: � U l! 0 " ^ O� (Seal) NICOLE L. WURSTER Name: KEITH M. ALEXANDER CORPORATE SECRETARY Title: PRESIDENT T.R.PETERS MINNESOTA COUNTERSIGNING AGENT LIBERTY MUTUAL INSURANCE COMPANY (Surety) By: �. �. f �� a' (Seal) Attorney -in act JULI TIANEN LMIC -5000 Rev. 03/04 1413629 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint KAY A. HANNAH, BRIDGET MCCARTHY, CHARLENE RITCHEY, BETH MATYSIK JUANITA J. SCOTT, ANNA KRUBSACK, MARY ELLEN HEESE, CAROLYN J. RAMULT SACCO, DEBORAH ETES- WEITKUM, LINDA E. PROEBER, JULI TIANEN, ALL OF THE CITY OF MILWAUKEE, STATE OF.WISCONSIN .... ....... ............................... each individually if there be more than one named, its true and lawful attorney in -fact to make, execute seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, and and all undertakings, bonds, recognizances and other surety obliggations in the penal sum not exceeding THIRTY MILLION AND 00 /100 * * * * * * * * ** * * * * * * * ** DOLLARS ($ 3%0001000- each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents; shall be as binding upon the Company as if they had been duly signed bythe president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, N execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their (n L signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C as binding as if signed by the president and attested by the secretary_ (n _ By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: C Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby .. authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ Zt deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. a v iD That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. 4) W �E L j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of O t7. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 24th day of November e a z 2003 Q M LIBERTY MUTUAL INSURANCE COMPANY O 'S tC aE _. ; Garnet W. Elliott, Assistant Secretary N o a> COMMONWEALTH OF PENNSYLVANIA ss C TO COUNTY OF MONTGOMERY 0 u d i On this 24th day of November 2003 before me, a Notary Public, personally came Garnet W. Elliott to me known, and acknowledged d C" = that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above a E ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. ( D C z IN TESTIMONY WHFI 1 hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year N first above writt en.�� °� `� E CO A �S iN ��, 4) OF, By 7 /� tit �L� co Ter sa Pastella, Notary Public 1 �= CERTIFICATE 1, the undersigned, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XII1, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 12TH day of OCTOBER 2004 By & Assii� David d MCarey, fit Secretary Notarial Acknowledgement - Attorney in Fact STATE OF WISCONSIN County of MILWAUKEE S.S. On this 12TH day of OCTOBER 2004 , before me, DEBORAH ETES — WEITKUM a Notary Public in and for said MILWAUKEE County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared JULI TIANEN known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of LIBERTY MUTUAL INSURANCE COMPANY and acknowledged to me that he subscribed the name of ,, LIBERTY MUTUAL INSURANCE COMPANY thereto as surety, and his own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the said county of .t,P rinv anti vear in this certificate first above written. State of WISCONSIN My commission expires MAY 6 2007 SCOO11 03 -99 Notary Public in and for the county of MILWAUKEE NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act "), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company "); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties "). This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties-for ninety percent,(90 %) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC -6539 2/03 DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between City of New Hope, Minnesota, (Owner) and Visu -Sewer Clean & Seal Inc. (Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, 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: sanitary sewer rehabilitation for the City of New Hope, Minnesota. ARTICLE 2 — THE PROJECT 2.01 The Project for which the work under the Contract Documents may be the whole or only a part is generally described as follows: 2004 Sanitary Sewer Repairs Project for the City of New Hope, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113 (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will 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 Dates for Milestones, Substantial Completion, and Final Payment A. All work involved in this Project shall be completed and ready for Final Payment on or before December 31, 2004. 4.03 Liquidated Damages A. Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $200.00 for each day that expires after the time specified in paragraph 4.02. 34 -04 -165 © 2004 Bonestroo, Rosene, 00520 -1 Anderlik & Associates, Inc. AGREEMENT FORM ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount in current funds as follows: For all work, at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of Sixty -Two Thousand One Hundred Thirty -Eight Dollars and Seventy -Five Cents ($62,138.75) for all the Base Bid Items. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 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. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 100 percent of Engineer's estimate of the value of work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the rate the maximum rate allowed by law at the place of the Project. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520 -2 AGREEMENT FORM ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Project Site and become familiar with and is satisfied as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Project Site and all drawings of physical conditions in, or relating to, existing surface or subsurface structures at, or contiguous to, the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Project Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Project Site which may affect cost, progress, or performance of the work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Project Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 34-04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520 -3 AGREEMENT FORM ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: 2004 Sanitary Sewer Repairs; 7. Addenda (None); 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement, and are not attached hereto: a. Notice to Proceed b. Work Change Directives; C. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. 34 -04 -165 2004 Bonestroo, Rosene, 00520 -4 Anderlik & Associates, Inc. AGREEMENT FORM ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 34 -04 -165 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520 -5 AGREEMENT FORM IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One (1) counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on IL v, / , 2004 (which is the Effective Date of the Agreement). Owner: City of New Hope, MinnesoRr" B By: ,),r , 2 Attest At' t"11 Contractor: Visu-Sewer Clean & Seal, Inc. By: ) I - t' C1 P4 je a" J<F�-Jvj ", P A 00Vq- PRF-S I OLQ Attest A I A)a4ak'�'-- Kkc-oLE L.WUVZSTLR-00ApoAi9TL SEaLTAteJ Address for giving notices: CITY aERK GR4 OF ME-4 44-01 XYLOi'�S i� WITH ;je'RE, Address for giving notices: [5Vj1r-T# wrm i - License No. (Where applicable) Designated Representative: Name: Vck- I t r e o n e Title: CITY CLTE RK CE Address: VIEVV i-i Phone: _A: - 5 3 I- S 11 7 Facsimile: 7 6 - '-S " 5 ?�� I -- S f--3 6 Designated Representative: Phone: C2 1n Z� t., cl S - 23 14 0 Facsimile: CzLn I.C15- 2-3s9 END OF DOCUMENT 34-04-165 @ 2004 Bonestroo, Rosene, 00520-6 AGREEMENT FORM Anderlik & Associates, Inc. W 01 • so • �' BOND NO. 346 -012 -874 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. C LEA I & SEAl� XC. W230 N4855 BETKER DR., PEWAUKEE, WI 53072 OWNER (Name and Address): CITY OF NEW HOPE 4401 XYLON AVE. NORTH, NEW HOPE, MN SURETY (Name and Address of Principal Place of Business): LIBERTY MUTUAL INSURANCE COMPANY 175 BERKELEY ST., BOSTON, MA 02117 CONTRACT Date: NOVEMBER 1, 2004 Amount: SIXTY —TWO THOUSAND ONE HUNDRED THIRTY —EIGHT AND 75/100 DOLLARS ($62,138.75) Description (Name and Location): 2004 SANITARY SEWER REPAIRS PROJECT NEW HOPE, MN FILE NO. 34 - - 165 BOND Bond Number: 346- 012 -874 Date (Not earlier than Contract Date): NOVEMBER 1, 2004 Amount: SIXTY —TWO THOUSAND ONE HUNDRED THIRTY —EIGHT AND 75/100 DOLLARS ($62,138.75) Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: VISU —SEWER CLEAN & SEAL, INC. Signature: L( " C i (Seal) Name and Title: Kr--%TH N . AL L*A A as GR (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: LIBERTY MUTUAL INSURANCE COMPAN (Seal) Surety's Na e d Corpo ate Seal By: Signature and itle CHARLENE RITCHEY, Tf ORNEY —IN— (Attach Power of Attorney) FACT Attest: Signature and Title SURETY (Seal) LIBERTY MUTUAL INSURANCE COMPANY (Seal) Surety's Name an Cor orate By: Signature and Title T. R. PETERS, MINNESOTA COUNTER— SIGNING AGENT Attest: k 2L 2 ' L ? Signature and' T' le: EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 00610 -1 I. . Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to die; bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. 'Naive its right to perform and complete, arrange for completion, or obtain 'a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety do(.�s not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations hrf!er this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owncr refuses the payment tendered or Surety has denied liability, in whole or in part, without "further notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the 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 action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory, requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFt?RMATION ONLY - Name, Address and Telephone Surety Agency or Broker WAUSAU INSURANCE COS. , 11800 W. PARK PLACE, MILWAUKEE, WI 414 577 -2343 Owner's Representative (Engineer or other party) 00610 -2 Any correspondence in relation to this bond should bf directed to: LIBERTY MUTUAL SURETY 450 PLYMOUTH RD STE 400 PLYMOUTH MEETING PA 19462 -1644 Ph. (610) 832 -8240 BOND NO. 346 -012 -874 • . I I, I Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): VISU -SEWER CLEAN & SEAL, INC. W230 N4855 BETKER DR., PEWAUKEE, OWNER (Name and Address): CITY OF NEW HOPE 4401 XYLON AVE. NORTH, NEW HOPE, CONTRACT Date: NOVEMBER 1 2004 SURETY (Name and Address of Principal Place of Business): LIBERTY MUTUAL INSURANCE COMPANY WI 53072 175 BERKELEY ST., BOSTON, MA 02117 MN Amount: SIXTY -TWO THOUSAND ONE HUNDRED THIRTY -EIGHT AND 751100 DOLLARS Description (Name and Location): 2004 SANITARY SEWER REPAIRS PROJECT, FILE NO. 34 -04 -165 NEW HOPE, MN BOND Bond Number: 346 - 012 -874 ($62,138.75) Date (Not earlier than Contract Date): NOVEMBER 1, 2004 Amount: SIXTY -TWO THOUSAND ONE HUNDRED THIRTY -EIGHT AND 75/100 DOLLARS ($62,138.75) Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: VISU -SEWER CLEAN & SEAL, INC. Signature: I,{ /( (Seal) Name and Title: K6tTK N Oat- X AtJ DER- 1PP"E;si Qr - rsT (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: SURETY LIBERTY MUTUAL INSURANCE COMPANY (Seal) Surety's N d Corp o ate Seal 11 By:� — Signature and Title CHARLENE RITCHEY / "A TORNEY -IN- (Attach Power of Attorney) FACT Attest: Signature and itle SURETY (Seal) LIBERTY MUTUAL INSURANCE COMPANY _ (Seal) Surety's Name an C o t By: Signature and Title T. R. PETERS, MINNESOTA COUNTER - SIGNING AGENT r Attest: ..) Signature and 'Tit EJCDC No. C -615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. Any correspondence in relation to this bond shoulc directed to: LIBERTY MUTUAL SURETY 450 PLYMOUTH RD STE 400 00615 -1 PLYMOUTH MEETING PA 19462 -1644 Ph. (610) 831 -8240 I . Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim wid the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or nut received within 30 days of furnishing the above notice any commurication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having. been paid within the above 30 days, have sent a written notice' to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to "Owner, within 45 days after receipt of the claim,` stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange fire, payment of any undisputed amounts. 7. Surery's. total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker: WAUSAU INSURANCE COS., 11800 W. PARK PLACE, MILWAUKEE, WI 414 577 -2343 Owner's Representative (Engineer or other party): 00615 -2 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act "), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company "); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties "). This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90 %) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC -6539 2/03 Notarial Acknowledgement — Attorney in Fact STATE OF WISCONSIN S.S. County of MILWAUKEE On this 1ST day of NOVEMBER , 2004 , before me, ELLEN C. DUNN a Notary Public in and for said MILWAUKEE County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared CHARLENE RITCHEY known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of LIBERTY MUTUAL INSURANCE COMPANY and acknowledged to me that he subscribed the name of LIBERTY MUTUAL INSURANCE COMPANY thereto as surety, and his own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in said county of the day and year in this certificate first above written. Notary Public in and for the county of MILWAUKEE State of WISCONSIN My commission expires 1/13/08 SC001 l O1 -92 1511984 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. " This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE - PRESENTS: That Liberty Mutual Insurance Company (the " Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint KAY A. HANNAH, BRIDGET MCCARTHY, <CHARLENE RITCHEY, BETH MATYSIK; JUANITA J. SCOTT, ANNA KRUBSACK, MARY ELLEN HEESE, CAROLYN J. RAMULT SACCO, DEBORAH ETES- WEITKUM, LINDA E. PROEBER, JULI TIANEN, ALL OF THE CITY OF MILWAUKEE, STATE OF WISCONSIN ........: ............ ....... ................................... ......... ...................... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings; bonds, recognizances and othersurety obli gations in the penal sum not exceeding THIRTY MILLION AND 00 /100 * * * * * * * * ** * * * * * * * ** DOLLARS ($ 30 000 000.00 * * * ** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company n their own proper persons. That this power is made and executed pursuant to and by authorityof the following By -law and Authorization: ARTICLE XIII Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'v attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their U) i signature and execution of any such instruments and to attach thereto the seal of the Company, When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. S By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: i = Pursuant to Article Xlll, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and -a M deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. U� 4) That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect, d tL j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized' officer or official of the Company and the corporate seal of G Q r— Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 10th day of May *' 2004 Q M ., is a d a i LIBERTY MUTUAL INSURANCE COMPANY o °E IAA 0 . cc c R Garnet W. Elliott, Assistant Secretary N o y" COMMONWEALTH OF PENNSYLVANIA ss d COUNTY OF MONTGOMERY p A d On this 10th day of May 2004 , beforet me, a Notary Public, personally came Garnet W. Elliott to me known, and acknowledged = d O that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above 3 E, ti Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. ( D {� IN TESTIMONY WH�F�FIECF j h e b unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year C N c.) first above written ao M C �aap a N OF r co By Ter sa Pastella, Notary Public v 0 1 C CERTIFICATE I, the undersigned, Assistant'Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and l do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company: This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN N STIMON R WHEREOF, h�v hereunto subscribed my name and affixed the corporate seal of the said company, this 1ST day of B ' David M. Carey, Assiptg Secretary ACOR CERTIFI F LI INSURANCE DATE (MM /DD/YYYY) 1 11/10/2004 PRODUCER (800) 566 -7007 FAX (262) 574 -7080 R & R Insurance Services, Inc. 1581 E Racine Avenue PO Box 1610 Waukesha, WI 53187 -1610 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Vi su Sewer Clean & Seal Inc W230N4855 Betker Rd Pewaukee, WI 53072 -1430 INSURER A: Val Forge Ins Co 20508 INSURERS: Amer Casualty Co Reading,PA 20427 INSURERC: Continental Casualty 20443 INSURERD: Transportation Ins Co 20494 INSURERE: National Surety 04/01/2005 rnvco n r_cc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS X X t )kKX td*XMXrXXdfMX)§D41';KUMC X&UxxxXXXXXX AUTHORIZED REPRESENTATIVE GENERAL LIABILITY TCP2055717470 04/01/2004 04/01/2005 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED $ 300 ,00 0 _ X1 COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000, A [ GLPD Ded Occ GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1,000,00 POLICY X PRO LOG JECT AUTOMOBILE LIABILITY BUA2055717498 04/01/2004 04/01/2005 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1,000,00 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) B X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY CUP2055717503 04/01/2004 04/01/2005 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,0 X OCCUR CLAIMS MADE $ C $ DEDUCTIBLE $ X RETENTION $ 10, WORKERS COMPENSATION AND WC2055717484 04/01/2004 04/01 /2005 X I WC STATU- OTW E.L. EACH ACCIDENT $ 500,00 -- EMPLOYERS' LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E_L DISEASE - EA EMPLOYE $ 500 E.L. DISEASE - POLICY LIMIT $ SOO, OO If yes, describe under SPECIAL PROVISIONS below XTM86114519 04/01/2004 04/01/2005 $9,000,000 Per Occurrence E Excess Umbrella $9,000,000 Aggregate No Retention DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Project: 2004 Sanitary Sewer Repairs, Project No 34 -04 -165, City Project #777 Certificate holder, owner, and engineer are added as additional insured per GL form #G17957G and Auto form #CA2001. Coverage is primary and non contributory. Waiver of subrogation in favor of the certificate holder under GL (CG2404) and Workers Compensation (WC000313) . LC i Irll. � C nV VCR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XX)= MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XXXXXXX�X�XXXX��XX City of New Hope 4401 Xylon Avenue North X X t )kKX td*XMXrXXdfMX)§D41';KUMC X&UxxxXXXXXX AUTHORIZED REPRESENTATIVE New Hope, MN 55428 Thomas Scheider /C159 ACORD 25 (2001/08) FAX: (262)695 -2359 ©ACORD CORPORATION 1988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) SECTION 01100 SUMMARY PARTI - GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and work restrictions. 1.02 SUMMARY OF WORK A. Project Name: 2004 Sanitary Sewer Repairs for the City of New Hope, Minnesota. B. Description of Work: Project consists of reconstruction of city streets, mill and overlay, new storm sewer, storm sewer reconstruction, and water main replacement. 1.03 COMPLETION DATES A. Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Project Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction should be reviewed and approved by the Owner, and shall be removed upon completion of work. 2. Keep existing driveways and entrances clear and available to the public and to the Owner: a. The salvaged Class 5 and reclaimed bituminous pavement shall be used to maintain access to resident's driveways at no additional cost to the Owner. 3. If additional space is needed, obtain and pay for such space offsite. 34 -04 -165 0 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100 -1 SUMMARY B. Access to Project Site: 1. Hauling access shall be limited to Flag Avenue North from Medicine Lake Road. Consult with Engineer if alternate route is required. C. Other Work at Project Site: 1. The installation and revision of electric power, telephone lines, gas lines, and cable TV by private utilities is anticipated. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34- 04-165 ® 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-2 SUMMARY '_` 2. PARK Lij 2t i xN aND BAPT LIFT STATION CHURCH WORKS STATION NURSINl- This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By /� National Society of A C E C Professional Eng nee,rs :1,3iaxira, c.oi: u� ua 1.11:;- -,Ux G C.i a " ac.: -- FtTtt fU133'1 Lfl,XJ;tlt8Bt5 X17 PiY$f8 h ,5roxsrRraa 3itrirty uJ a " rref npsrtaara.: PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by 9 Wit .pF 1 %E]t��• The Associated General Contractors of America Knowledge for Creating -and sustaining the Built Environment Construction Specifications Institute EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Page ARTICLE1 - DEFINITIONS AND TERMINOLOGY ................................................................................ ..............................6 1.01 Defined Terms ............................................................................................................................ .............................. 1.02 Terminology ............................................................................................................................... .............................. ARTICLE2 - PRELIMINARY MATTERS .................................................................................................. .............................. 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................... ..............................9 2.02 Copies of Documents ................................................................................................................. .............................. 2.03 Commencement of Contract Times; Notice to Proceed ............................................................. ..............................9 2.04 Starting the Work ....................................................................................................................... .............................. 2 .05 Before Starting Construction ..................................................................................................... .............................. 2.06 Preconstruction Conference ....................................................................................................... .............................. 2.07 Initial Acceptance of Schedules ................................................................................................. .............................. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .......................................... .............................10 3.01 Intent ......................................................................................................................................... ............................. 3.02 Reference Standards ................................................................................................................. ............................. 3.03 Reporting and Resolving Discrepancies.. .......................... .......................................... ..................... .................. 10 3.04 Amending and Supplementing Contract Documents ................................................................. ............................. 3 .05 Reuse of Documents .................................................................................................................. ............................. 3 .06 Electronic Data ......................................................................................................................... ............................. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................... ............................. 4.01 Availability of Lands ................................................................................................................. ............................. 4.02 Subsurface and Physical Conditions. ................ ............... ................... ....... .................................... 12 4.03 Differing Subsurface or Physical Conditions ............................................................................ ............................. 4.04 Underground Facilities ............................................................................................................. ............................. 4 .05 Reference Points ....................................................................................................................... ............................. 4 .06 Hazardous Environmental Condition at Site ..............:............................................................. ............................. ARTICLE - BONDS AND INSURANCE ................................................................................................ ............................. 5.01 Performance, Payment, and Other Bonds ................................................................................. ............................. 5 .02 Licensed Sureties and Insurers ................................................................................................. ............................. 5 .03 Certificates of Insurance- ... .............................................................................................. -- ........................... 15 5 .04 Contractor's Liability Insurance ............................................................................................... ............................. 5.05 Owner's Liability Insurance ..................................................................................................... ............................. 5 .06 Property Insurance... ............ ....................................................................... ................... ............................... 16 5.07 Waiver of Rights ........................................................................................................................ ............................. 5.08 Receipt and Application of Insurance Proceeds ....................................................................... ............................. 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................... .............................17 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................ .............................1 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ............................................................................. ............................. 6.01 Supervision and Superintendence ............................................................................................. .............................I 6.02 Labor; Working Hours .............................................................................................................. ............................. 6.03 Services, Materials, and Equipment .......................................................................................... ............................. 6.04 Progress Schedule ..................................................................................................................... ............................. 6 .05 Substitutes and "Or-Equals".. ............ ................................................................ ................................................ 19 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................. ............................. 6 .07 Patent Fees and Royalties ........... L ............................................................................................ ............................. 6 .08 Permits ...................................................................................................................................... ............................. 6 .09 Laws and Regulations ............................................................................................................... ............................. 6 .10 Taxes ......................................................................................................................................... ............................. 6A I Use of Site and Other Areas ...................................................................................................... ............................. 6.12 Record Documents .................................................................................................................... ............................. 6.13 Safety and Protection ................................................................................................................ ............................. 6.14 Safety Representative ................................................................................................................ ............................. 6 . 15 Ha Communication Programs ................................................................. ............................. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies ............................................................................................................................. .............................23 6.17 Shop Drawings and Samples ..................................................................................................... .............................23 6.18 Continuing the Work ................................................................................................................. .............:...............24 6.19 Contractor's General Warranty and Guarantee ....................................................................... .............................24 6.20 Indemnification ........................................................................................................................ .............................24 6.21 Delegation of Professional Design Services ............................................................................. .............................25 ARTICLE 7 - OTHER WORK AT THE SITE ............................................................................................ .............................25 7.01 Related Work at Site .................................................................................................................. .............................25 7.02 Coordination ............................................................................................................................. .............................26 7.03 Legal Relationships ..............................................:.................................................................... .............................26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................... .............................26 8.01 Communications to Contractor ................................................................................................. .............................26 8.02 Replacement of Engineer .......................................................................................................... .............................26 8.03 Furnish Data ............................................................................................................................. .............................26 8.04 Pay When Due .......................................................................................................................... .............................26 8.05 Lands and Easements; Reports and Tests ................................................................................. .............................26 8.06 Insurance... ................................................................................................................... ................................ ........ 26 8.07 Change Orders .......................................................................................................................... .............................26 8.08 Inspections, Tests, and Approvals ............................................................................................. .............................26 8.09 Limitations on Owner's Responsibilities ................................................................................... .............................27 8.10 Undisclosed Hazardous Environmental Condition ................................................................... .............................27 8.11 Evidence of Financial Arrangements .......... ......... ....................... -- ............. ............................. .......... .................. 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................................................ .............................27 9.01 Owner's Representative ............................................................................................................ .............................27 9.02 Visits to Site ............................................................................................................................... .............................27 9.03 Project Representative .............................................................................................................. .............................27 9.04 Authorized Variations in Work .................................................................................................. .............................27 9.05 Rejecting Defective Work .......................................................................................................... .............................27 9.06 Shop Drawings, Change Orders and Payments ........................................................................ .............................28 9.07 Determinations for Unit Price Work ......................................................................................... .............................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................... .............................28 9.09 Limitations on Engineer's Authority and Responsibilities ........................................................ .............................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .............................................................................. ............................28 10.01 Authorized Changes in the Work ............................................................................................... .............................28 10.02 Unauthorized Changes in the Work .......................................................................................... .............................29 10.03 Execution of Change Orders ..................................................................................................... .............................29 10.04 Notification to Surety... ........................................................ ................................... ............................................. 29 10.05 Claims ....................................................................................................................................... .............................29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK. ......................... ............ ............ ....... 30 11.01 Cost of the Work ........................................................................................................................ .............................30 11.02 Allowances ................................................................................................................................ .............................31 11.03 Unit Price Work ........................................................................................................................ .............................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................ .............................32 12.01 Change of Contract Price ......................................................................................................... .............................32 12.02 Change of Contract Times ........................................................................................................ .............................33 12.03 Delays ....................................................................................................................................... .............................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects ....................................................................................................................... .............................33 13.02 Access to Work .......................................................................................................................... .............................33 13.03 Tests and Inspections.. ............ ..................................... ................... - ............... - ............. .................................... 33 13.04 Uncovering Work ...................................................................................................................... .............................34 13.05 Owner May Stop the Work ....................:................................................................................... .............................34 13.06 Correction or Removal of Defective Work ................................................................................ .............................34 13.07 Correction Period ..................................................................................................................... .............................34 13.08 Acceptance of Defective Work .................................................................................................. .............................35 13.09 Owner May Correct Defective Work ......................................................................................... .............................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION. .... ................... ............. ....................................... 36 14.01 Schedule of Values .................................................................................................................... .............................36 14.02 Progress Payments .................................................................................................................... .............................36 14 .03 Contractor's Warranty of Title ................................................................................................. .............................37 14.04 Substantial Completion ............................................................................................................. .............................37 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 14.05 Partial Utilization ...............................................................................................:..................... ............................. 14.06 Final Inspection ........................................................................................................................ ............................. 14 .07 Final Payment ........................................................................................................................... ............................. 14.08 Final Completion Delayed... .................................................... ........... ................................................ .......... 39 14 .09 Waiver of Claims ....................................................................................................................... ............................. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................ .............................39 15.01 Owner May Suspend Work ........................................................................................................ ............................. 15.02 Owner May Terminate for Cause .............................................................................................. ............................. 15.03 Owner May Terminate For Convenience .................................................................................. ............................. 15.04 Contractor May Stop Work or Terminate ................................................................................. ............................. ARTICLE - DISPUTE RESOLUTION ................................................................................................... ............................. 16.01 Methods and Procedures .......................................................................................................... ............................. ARTICLE17 -MISCELLANEOUS... ............................. ............. ...................................................... ...................... —41 17.01 Giving Notice ............................................................................................................................ ............................. 17 .02 Computation of Times ............................................................................................................... ............................. 17 .03 Cunittlative Remedies ................................................................................................................ ............................. 17.04 Survival of Obligations ............................................................................................................. ............................. 17.05 Controlling Law ........................................................................................................................ ............................. 17 .06 Headings ................................................................................................................................... ............................. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. L Addenda -- Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement- -The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment- -The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos - -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid- -The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder- -The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents- -The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements- -The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order - -A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Clain - -A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract- -The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price - -The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times- -The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor- -The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work - -See Paragraph 11.0 LA for definition. 17. Drawings - -That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement- -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer- -The individual or entity named as such in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society or Professional Engineers for EJCDC. All rights reserved. 00700-6 20. Field Order - -A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements -- Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition- -The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste- -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations - -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone - -A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award - -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed - -A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner- -The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs -- Polychlorinated biphenyls. 31. Petroleum -- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule - -A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project - -The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual- -The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material -- Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative - -The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals - -A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values - -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings - -All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site - - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications- -That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 administrative requirements and procedural matters applicable thereto. 44. Subcontractor - -An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion- -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder -The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions - -That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier - -A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities - -All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work - -Work to be paid for on the basis of unit prices. 51. Work - -The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive - -A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Tennis or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered ", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Dat of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to En for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 106 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 107 Initial 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 for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 106 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not farther disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown . or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that o wner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. 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. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.013, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.013 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of. the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained . in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society or Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, a(yents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option. to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in, the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as . may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start -up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or- Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and desi characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed, substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13 Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. R The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence, of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright OO 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety. precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any 'exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society or Professional Engineers for EJCDC. All rights reserved. 00700-23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubrnittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and sea] shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 1 the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's aetion'or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Con2munications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 . Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with En authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Detenninations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be. referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.13. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12:02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Inclucled: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver Such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 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 property insurance established in accordance with Paragraph 5.06.1)), provided Such losses and damages have EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. . 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs I LOLA and 11.01.13. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0I.A and 11.0 LB, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the A EJCDC C -700 Standard General,Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1, the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.O1.C2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.Q. C. Contractor's Fee: The Contractor's fee for overhead and profit shall 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 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph I I.O1.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A.I and I1.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, I I.O1.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Thnes A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1, for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shill any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's, request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 1107 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or 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. E.JCDC C -700 Standard General Conditions or the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect.to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 Natidnal Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments L At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b, the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby 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 responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.8.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set -off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether. incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.7; b. consent of the surety, if any, to final payment; c. a list 'of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or. otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for ' Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made, under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecrative days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.8, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.8 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01A the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and bindin4. The mediation will be EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. a with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if. 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41