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3.5 2024 Street Renewal Project 24-03 Approving Plans Approving Plans and Specifications and ordering Advertisement for Bids (Laserfiche) Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Public Works City Engineer Wagner April 8, 2024 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.5 – 2024 Street Renewal Project STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council adopt a resolution ordering advertisement for bids. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, was held by the City Council on March 25, 2024. BACKGROUND/JUSTIFICATION: On March 25, 2024, the City Council adopted a resolution ordering plans and specifications for the 2024 Street Renewal Project. The Plans and specifications have now been completed. The project will entail reclaiming and paving the streets within Vasseur’s Oak Grove 3rd and 4th Additions and Halls 1st, 2nd, and 3rd Additions. A total of 10 existing centerline corrugated metal culverts will also be replaced with reinforced concrete pipe. The Capital Improvement Plan (CIP) included a budget in the amount of $1,186,019 for this improvement project. The total estimated project cost is $1,198,472 and will be funded by special assessments in the amount of $159,432, and the remaining balance of the project paid with funds from the City’s Pavement Management Fund. SUPPORTING DOCUMENTS ATTACHED: • Plans and Specifications (Cover Sheet Only) • Engineer Estimate • Resolution 2024-32 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2024-32 approving Plans and Specifications and Ordering Advertisement for Bids for the 2024 Street Renewal Project, City Project No. 24-03. BUDGET INFORMATION FUNDING: BUDGETED: Fund 201 – Pavement Management Yes Otsego 2024 Street Renewal Project Engineer’s Estimate Base Bid Item No. MnDOT Spec. No.Description Unit Estimated Unit Price Estimated Quantity Total Estimated Extension 1 2021.501 MOBILIZATION LS 30,000.00$ 1.17 30,000.00$ 2 2104.503 REMOVE SEWER PIPE (STORM)LF 17.00$ 230 3,910.00$ 3 2104.504 REMOVE BITUMINOUS PAVEMENT (DRIVEWAYS)SY 10.00$ 1,403.54 14,035.44$ 4 2104.513 SAWING BIT PAVEMENT (FULL DEPTH)LF 5.00$ 1,921 9,605.00$ 5 2105.607 HAUL & STOCKPILE EXCESS MATERIAL (LV)CY 10.00$ 704.23 7,042.33$ 6 2211.509 AGGREGATE CLASS 5 MOD (DRIVEWAY)TON 36.00$ 99.36 3,576.96$ 7 2211.509 AGGREGATE SHOULDER (FROM EXCESS RECLAIM)CY 23.00$ 723.19 16,633.26$ 8 2211.509 BIT. DRIVEWAY TYPE SP 4.75 WEARING COURSE MIXTURE (2,B)SY 15.00$ 1,551 23,265.00$ 9 2215.504 FULL DEPTH RECLAMATION SY 3.00$ 46,095.24 138,285.73$ 10 2232.501 MILL BITUMINOUS SURFACE SY 6.00$ 3,019.8 18,118.80$ 11 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL 5.00$ 2,568.47 12,842.36$ 12 2360.509 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B)TON 70.00$ 4,334.3 303,400.81$ 13 2360.509 TYPE SP 12.5 NON WEAR COURSE MIXTURE (2,B)TON 67.50$ 5,779.06 390,086.76$ 14 2501.502 12" RC PIPE APRON EACH 1,500.00$ 4 6,000.00$ 15 2501.502 15" RC PIPE APRON EACH 1,600.00$ 12 19,200.00$ 16 2501.502 18" RC PIPE APRON EACH 1,700.00$ 2 3,400.00$ 17 2501.502 24" RC PIPE APRON EACH 1,900.00$ 2 3,800.00$ 18 2500.503 12" RC PIPE CULVERT LF 80.00$ 68 5,440.00$ 19 2501.503 15" RC PIPE CULVERT LF 85.00$ 200 17,000.00$ 20 2501.503 18" RC PIPE CULVERT LF 90.00$ 32 2,880.00$ 21 2501.503 24" RC PIPE CULVERT LF 95.00$ 52 4,940.00$ 22 2563.601 TRAFFIC CONTROL LS 5,000.00$ 1 5,000.00$ 23 2575.505 TURF ESTAB. (EROSION CONT. MAT CAT 3 & SEED MIX 25-141) ACRE 1,700.00$ 1.21 2,057.00$ 24 2573.503 SILT FENCE, TYPE MS LF 3.00$ 26.00 78.00$ 25 2574.525 PULVERIZED TOPSOIL BORROW (LV)CY 60.00$ 25.87 1,552.08$ Base Bid 1,042,149.55$ 15% Admin, Legal, & Engineering 156,322.43$ Project Total 1,198,471.98$ 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2024-32 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to Resolution 2024-28 adopted by the City Council on March 25, 2024, Hakanson Anderson has prepared plans and specifications for the 2024 Street Renewal Project, proposed improvement No. 24-03, the improvement of streets within Vasseur’s Oak Grove 3rd and 4th Additions and Halls 1st, 2nd, and 3rd Additions; and WHEREAS, the plans and specifications have been presented to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: 1. Such plans and specifications are hereby approved, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be published on the City website and QuestCDN an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state the bids will be received by Hakanson Anderson until 2:00 PM on May 8, 2024, at which time they will be publicly opened by Hakanson Anderson, will then be tabulated, and will be considered by the City Council at 7:00 PM on May 13, 2024 in the Council Chambers (8899 Nashua Avenue NE). Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the City Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the City of Otsego for five percent of the amount of such bid. 2 ADOPTED by the Otsego City Council this 8th day of April, 2024. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk Project Title Page 00 01 01- 1 PROJECT MANUAL FOR IMPROVEMENT PROJECT NO. 24-03 Otsego 2024 Street Renewal Project City of Otsego Wright County, Minnesota April 9, 2024 Certification Page 00 01 05-1 DOCUMENT 00 01 05 CERTIFICATION PROJECT MANUAL FOR IMPROVEMENT PROJECT NO. 24-03 Otsego 2024 Street Renewal Project City of Otsego Wright County, Minnesota I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. 26052 April 9, 2024 Ronald J. Wagner, P.E. License No. Date City Engineer Table of Contents 00 01 10-1 SECTION 00 01 10 TABLE OF CONTENTS Number Document Page(s) 00 01 01 Project Title Page 1 00 01 05 Certifications Page 1 00 01 10 Table of Contents 1 Procurement Requirements 00 11 00 Advertisement for Bids 1 to 2 00 21 00 Instructions to Bidders 1 to 8 00 43 33 Tabulation of Suppliers 1 00 43 36 Tabulation of Subcontractors 1 00 45 00 Affidavit of Non-Collusion 1 00 45 14 Responsible Contractor Certificate 1 to 4 00 45 15 Additional Subcontractors List 1 to 2 Contract Forms 00 52 00 Standard Form of Agreement 1 to 7 00 61 11 Construction Performance Bond 1 to 3 00 61 13 Construction Payment Bond 1 to 4 Conditions of the Contract 00 72 00 Standard General Conditions 1 to 72 00 73 00 Supplementary Conditions 1 to 6 Specifications Section Title Division 1 General Requirements 1 to 7 Division 2 Technical Requirements 1 to 29 Attachments Attachment 1 – 00 45 10 Notice to Bidders “Bid Rigging” (Includes 1 page) Attachment 2 – 00 45 11 Notice to Bidders “Prompt Payment” (Includes 1 page) Attachment 3 – Construction Plans (Includes 54 sheets) Advertisement for Bids 00 11 00-1 DOCUMENT 00 11 00 ADVERTISEMENT FOR BIDS CITY OF OTSEGO OTSEGO 2024 STREET RENEWAL PROJECT Bids for the construction of the Otsego 2024 Street Renewal Project, City Project No. 24-03 will be received by the City of Otsego electronically through the online electronic bid service QuestCDN, until 2:00 p.m. on Wednesday, May 8, 2024, at which time the Bids received will be opened and reviewed. Once all the electronic bids have been reviewed and accepted (AS READ), the preliminary Base Bid results will be shared with all Bidders. Bid results may be viewed at www.questcdn.com. Principal components of the project include the following: REMOVE SEWER PIPE (STORM) 516 LF REMOVE BITUMINOUS PAVEMENT (DRIVEWAYS) 1,404 SY SAWING BIT PAVEMENT (FULL DEPTH) 2,014 LF SPRINKLER SYSTEM ALLOWANCE 1 LS HAUL & STOCKPILE EXCESS MATERIAL (LV) 561 CY HAUL & DISPOSE OF EXCESS MATERIAL (LV) [VOG ONLY] 1,242 CY AGGREGATE CLASS 5 MOD (DRIVEWAY) 99 TON AGGREGATE SHOULDER (FROM EXCESS RECLAIM) 548 CY BIT. DRIVEWAY TYPE SP 4.75 WEARING COURSE MIXTURE (2,B) 1,551 SY FULL DEPTH RECLAMATION 46,095 SY MILL BITUMINOUS SURFACE 3,020 SY BITUMINOUS MATERIAL FOR TACK COAT 2,569 GAL TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) 4,334 TON TYPE SP 12.5 NON WEAR COURSE MIXTURE (2,B) 5,779 TON 12"-24” RC PIPE APRON 20 EACH 12"-24” RC PIPE CULVERT 352 LF TURF ESTAB. (EROSION CONT. MAT CAT 3 & SEED MIX 25-141) 1.21 ACRE Bids will be received for a single prime Contract. The Contract Documents may be examined at the following locations: City of Otsego Hakanson Anderson 13400 90th Street NE 3601 Thurston Avenue Otsego, MN 55330 Anoka, MN 55303 Bidding Documents may be obtained from the Issuing Office of: Hakanson Anderson, located at 3601 Thurston Avenue, Anoka, MN 55303 for a non-refundable purchase price of $75 per set. Alternatively, digital copies of the Bidding Documents are available at www.haa -inc.com under the “Projects/QuestCDN” link for $22.00 (non-refundable). These documents may be downloaded by selecting this project and by entering eBidDocTM Number 9037573 on the “Search Projects” page. For assistance and free membership registration, contact QuestCDN at (952) 233-1632 or info@questcdn.com. Bidders will be charged a fee of $42.00 to submit a bid electronically. For this project, bids will ONLY be received and accepted via the online electronic bid service through QuestCDN.com Each bid must be accompanied by a certified check, cashier’s check, cash deposit, or bid bond, made payable to the City Otsego, in the amount of five percent (5%) of the bid. Advertisement for Bids 00 11 00-2 The City Council reserves the right to reject any and all bids and to waive irregularities and informalities therein and furt her reserves the right to award the contract in the best interests of the City. CITY OF OTSEGO Audra Etzel, City Clerk Date: April 9, 2024 Posted: April 9, 2024 on the City of Otsego website @ http://www.ci.otsego.mn.us/ > Government > Bids April 9, 2024 on the Hakanson Anderson website @ http://www.haa-inc.com/ April 9, 2024 on the QuestCDN website @ https://www.questcdn.com/ Instructions to Bidders 00 21 00-1 DOCUMENT 00 21 00 INSTRUCTIONS TO BIDDERS ARTICLE 1 – DEFINED TERMS 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. ARTICLE 2 – COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office as designated in the Advertisement for Bids for a non-refundable purchase price stated therein. 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 authorize or confer a license for any other use. ARTICLE 3 – QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within five days of Owner’s request, Bidder shall submit written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and such other data as may be deemed necessary by the Owner. 3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 Responsible Contractor A. In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes §16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes §16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Project Manual. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner’s request. B. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. Instructions to Bidders 00 21 00-2 3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. Instructions to Bidders 00 21 00-3 C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 4.03 Site Visit and Testing by Bidders A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.04 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 – BIDDER’S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; Instructions to Bidders 00 21 00-4 C. become familiar with and satisfy itself as to all 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs; F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 6 – PRE-BID CONFERENCE 6.01 A pre-Bid conference will not be held for this project. ARTICLE 7 – INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8 – BID SECURITY Instructions to Bidders 00 21 00-5 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9 – CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and /or the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 – LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS 11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk. ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. Instructions to Bidders 00 21 00-6 12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection . 12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the f ollowing portions of the Work: Paving Sub- Contractor, Concrete Sub-Contractor, Erosion Control Sub-Contractor, Restoration Sub-Contractor, Bituminous Supplier. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13 – PREPARATION OF BID 13.01 For this solicitation, bids will ONLY be received and accepted via the online electronic bid service through QuestCDN.com. Download the bid documents and click the online bidding button at the top of the advertisement to access the electronic bid worksheet. ARTICLE 14 – BASIS OF BID 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the online Bid Worksheet. B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the online Bid Worksheet) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. ARTICLE 15 – SUBMITTAL OF BID Instructions to Bidders 00 21 00-7 15.01 With each electronic Bid, the following required attachments to the Bid must be uploaded prior to the bid closing, as follows: A. Required Bid Security B. Document 00 45 00 – Affidavit of Non-Collusion C. Document 00 45 14 – Responsible Contractor Certification 15.02 A Bid shall be received no later than the date and time prescribed in the advertisement or invitation to bid, as may be modified by Addendum, and must be submitted electronically via the online electronic Bid Service through QuestCDN.com. 15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted in the designated manner, will not be accepted and will be returned to the Bidder unopened. 15.04 The submitted Bid Bond shall bear original signatures of the Surety. ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn prior to the Bid Opening. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid and submit a new Bid prior to the date and time for the opening of Bids. 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 – OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid as may be amended by Addendum and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 The Bidder accepts all of the terms and conditions of these Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This 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. ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT Instructions to Bidders 00 21 00-8 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 19.03 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested during bidding or prior to the Notice of Award. B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. 19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 20 – BONDS AND INSURANCE 20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21 – SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. Tabulation of Suppliers 00 43 33-1 DOCUMENT 00 43 33 TABULATION OF SUPPLIERS NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF MATERIAL _______________________________ CITY __________________________________________ __________________________________________________ NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF MATERIAL _______________________________ CITY __________________________________________ __________________________________________________ NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF MATERIAL _______________________________ CITY __________________________________________ __________________________________________________ NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF MATERIAL _______________________________ CITY __________________________________________ __________________________________________________ NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF MATERIAL _______________________________ CITY __________________________________________ __________________________________________________ NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF MATERIAL _______________________________ CITY __________________________________________ __________________________________________________ Tabulation of Subcontractors 00 43 36-1 DOCUMENT 00 43 36 TABULATION OF SUBCONTRACTORS NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF CONSTRUCTION _________________________ CITY __________________________________________ __________________________________________________ NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF CONSTRUCTION _________________________ CITY __________________________________________ __________________________________________________ NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF CONSTRUCTION _________________________ CITY __________________________________________ __________________________________________________ NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF CONSTRUCTION _________________________ CITY __________________________________________ __________________________________________________ NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF CONSTRUCTION _________________________ CITY __________________________________________ __________________________________________________ NAME ________________________________________ TELEPHONE NO. __________________________________ ADDRESS _____________________________________ TYPE OF CONSTRUCTION _________________________ CITY __________________________________________ __________________________________________________ Affidavit of Non-Collusion 00 45 00-1 DOCUMENT 00 45 00 AFFIDAVIT OF NON-COLLUSION STATE OF MINNESOTA COUNTY OF ____________ I hereby swear (or affirm) under the penalty of perjury: 1. That I am the Bidder (if the bidder is an individual), a partner in the Bidder (if the bidder is a partnership) or an officer or employee of the Bidder corporation having authority to sign on its behalf (if the bidder is a corporation); 2. That the attached bid or bids have been arrived at by the Bidder individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action designed to limit individual bidding or competition with any other prospective Bidder or vendor of any materials, supplies, equipment or services described in the invitation to bid; 3. That the contents of the bid or bids have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its Surety on any bond furnished with the bid or bids, and will not be communicated to any such person, prior to any official opening of the bid or bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and sworn to before me ________________________________________ (Bidder) this _____ day of _________________________________, 2024. ___________________________________ _______________________________ (Firm making bid or bids) Official Title Responsible Contractor Certificate 00 45 14-1 DOCUMENT 00 45 14 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT: OTSEGO 2024 STREET RENEWAL PROJECT, IMPROVEMENT PROJECT NO. 24-03 Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION. … any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project… Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. “Responsible contractor” means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* Responsible Contractor Certificate 00 45 14-2 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall Responsible Contractor Certificate 00 45 14-3 render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) I have included a First Tier Subcontractors List with my company’s solicitation response, and 3) if my company is awarded a contract, I will also submit the Additional Subcontractors List as required. Authorized Signature of Owner or Officer: Printed Name: Title: Date: Company Name: Sworn to and subscribed before me this ______ day of ______________, 20___, _________________________________ Notary Public My Commission Expires: _____________ NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. PLACE NOTARY STAMP HERE Responsible Contractor Certificate 00 45 14-4 FIRST-TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR PROPOSAL PROJECT: OTSEGO 2024 STREET RENEWAL PROJECT, IMPROVEMENT PROJECT NO. 24 -03 Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located Additional Subcontractors List 00 45 15-1 DOCUMENT 00 45 15 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT: OTSEGO 2024 STREET RENEWAL PROJECT, IMPROVEMENT PROJECT NO. 24-03 This form must be submitted to the Owner as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5. … If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located Additional Subcontractors List 00 45 15-2 ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located SUPPLEMENTAL CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Additional Subcontractors List have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Signature of Owner or Officer: Printed Name: Title: Date: Company Name: Standard Form of Agreement 00 52 00-1 DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Otsego (“Owner”) and _____________________ (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Bituminous Pavement Removal, Concrete Removal, Culvert Removal, Full Depth Reclamation, Culverts, Bituminous Paving, Driveway Matching, Erosion Control, and Restoration. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Otsego 2024 Street Renewal Project ARTICLE 3 – ENGINEER 3.01 The Project has been designed by Hakanson Anderson. 3.02 The Owner has retained Hakanson Anderson (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. All work shall be substantially complete within 60 working days once works has commenced. B. All Work must be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before September 30, 2024. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Standard Form of Agreement 00 52 00-2 Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $150.00 for each day that expires after such until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item). B. The extended prices for Unit Price Work set forth as the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of the actual quantities and classifications are to made by Engineer. C. Contractor’s Bid is attached hereto as an exhibit. Standard Form of Agreement 00 52 00-3 ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will indicate the amount of Contractor’s fee then payable. 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 as recommended by Engineer on or about the 2nd or 4th Monday of each month during construction as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. For Cost of the Work: Progress payments on account of the Cost of the Work will be made: a. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: 1) 95 percent Cost of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and 2) 50 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). b. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E 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 punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph. ARTICLE 7 – INTEREST 7.01 Not used. Standard Form of Agreement 00 52 00-4 ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, if any, that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to any Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor,; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. Standard Form of Agreement 00 52 00-5 ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. Performance bond (pages 1 to 3, inclusive). 3. Payment bond (pages 1 to 4, inclusive). 4. General Conditions (pages 1 to 72, inclusive). 5. Supplementary Conditions (pages 1 to 6, inclusive). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings (not attached but incorporated by reference) consisting of 54 sheets with each sheet bearing the following general title: Otsego 2024 Street Renewal Project. 8. Addenda (numbers ___ to ___, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages ___ to ___, inclusive). 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. 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 the General Conditions. Standard Form of Agreement 00 52 00-6 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. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 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. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 1 0.05: 1. “corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non -competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Standard Form of Agreement 00 52 00-7 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C - 700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on ____________________________ (which is the Effective Date of the Contract). OWNER: CONTRACTOR: City of Otsego By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: City of Otsego 13400 190th Street Otsego, MN 55330 License No.: (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) Use in those states or other jurisdictions where applicable or required. Performance Bond 00 61 11-1 DOCUMENT 00 61 11 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. Performance Bond 00 61 11-2 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Performance Bond 00 61 11-3 Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price 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 the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond 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 a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: Payment Bond 00 61 13-1 DOCUMENT 00 61 13 PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. Payment Bond 00 61 13-2 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. Payment Bond 00 61 13-3 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, Payment Bond 00 61 13-4 materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C-520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC’s Guide to the Preparation of Supplementary Conditions (EJCDC® C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology ......................................................................................... 1 1.01 Defined Terms ........................................................................................................................ 1 1.02 Terminology ........................................................................................................................... 5 Article 2 – Preliminary Matters ....................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................ 6 2.02 Copies of Documents ............................................................................................................. 6 2.03 Before Starting Construction ................................................................................................. 6 2.04 Preconstruction Conference; Designation of Authorized Representatives ........................... 7 2.05 Initial Acceptance of Schedules ............................................................................................. 7 2.06 Electronic Transmittals ........................................................................................................... 7 Article 3 – Documents: Intent, Requirements, Reuse .................................................................... 8 3.01 Intent ...................................................................................................................................... 8 3.02 Reference Standards .............................................................................................................. 8 3.03 Reporting and Resolving Discrepancies ................................................................................. 8 3.04 Requirements of the Contract Documents ............................................................................ 9 3.05 Reuse of Documents ............................................................................................................ 10 Article 4 – Commencement and Progress of the Work ................................................................ 10 4.01 Commencement of Contract Times; Notice to Proceed ...................................................... 10 4.02 Starting the Work ................................................................................................................. 10 4.03 Reference Points .................................................................................................................. 10 4.04 Progress Schedule ................................................................................................................ 10 4.05 Delays in Contractor’s Progress ........................................................................................... 11 Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ..................................................................................................................................... 12 5.01 Availability of Lands ............................................................................................................. 12 5.02 Use of Site and Other Areas ................................................................................................. 12 5.03 Subsurface and Physical Conditions ..................................................................................... 13 5.04 Differing Subsurface or Physical Conditions ........................................................................ 14 5.05 Underground Facilities ......................................................................................................... 15 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii 5.06 Hazardous Environmental Conditions at Site ...................................................................... 17 Article 6 – Bonds and Insurance ................................................................................................... 19 6.01 Performance, Payment, and Other Bonds ........................................................................... 19 6.02 Insurance—General Provisions ............................................................................................ 19 6.03 Contractor’s Insurance ......................................................................................................... 20 6.04 Owner’s Liability Insurance .................................................................................................. 23 6.05 Property Insurance ............................................................................................................... 23 6.06 Waiver of Rights ................................................................................................................... 25 6.07 Receipt and Application of Property Insurance Proceeds ................................................... 25 Article 7 – Contractor’s Responsibilities ....................................................................................... 26 7.01 Supervision and Superintendence ....................................................................................... 26 7.02 Labor; Working Hours .......................................................................................................... 26 7.03 Services, Materials, and Equipment ..................................................................................... 26 7.04 “Or Equals” ........................................................................................................................... 27 7.05 Substitutes ........................................................................................................................... 28 7.06 Concerning Subcontractors, Suppliers, and Others ............................................................. 29 7.07 Patent Fees and Royalties .................................................................................................... 31 7.08 Permits ................................................................................................................................. 31 7.09 Taxes .................................................................................................................................... 32 7.10 Laws and Regulations ........................................................................................................... 32 7.11 Record Documents ............................................................................................................... 32 7.12 Safety and Protection ........................................................................................................... 32 7.13 Safety Representative .......................................................................................................... 33 7.14 Hazard Communication Programs ....................................................................................... 33 7.15 Emergencies ......................................................................................................................... 34 7.16 Shop Drawings, Samples, and Other Submittals .................................................................. 34 7.17 Contractor’s General Warranty and Guarantee................................................................... 36 7.18 Indemnification .................................................................................................................... 37 7.19 Delegation of Professional Design Services ......................................................................... 37 Article 8 – Other Work at the Site ................................................................................................ 38 8.01 Other Work .......................................................................................................................... 38 8.02 Coordination ........................................................................................................................ 39 8.03 Legal Relationships ............................................................................................................... 39 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii Article 9 – Owner’s Responsibilities .............................................................................................. 40 9.01 Communications to Contractor ............................................................................................ 40 9.02 Replacement of Engineer ..................................................................................................... 40 9.03 Furnish Data ......................................................................................................................... 40 9.04 Pay When Due ...................................................................................................................... 40 9.05 Lands and Easements; Reports, Tests, and Drawings .......................................................... 40 9.06 Insurance .............................................................................................................................. 40 9.07 Change Orders ...................................................................................................................... 40 9.08 Inspections, Tests, and Approvals ........................................................................................ 41 9.09 Limitations on Owner’s Responsibilities .............................................................................. 41 9.10 Undisclosed Hazardous Environmental Condition ............................................................... 41 9.11 Evidence of Financial Arrangements .................................................................................... 41 9.12 Safety Programs ................................................................................................................... 41 Article 10 – Engineer’s Status During Construction ...................................................................... 41 10.01 Owner’s Representative ....................................................................................................... 41 10.02 Visits to Site .......................................................................................................................... 41 10.03 Project Representative ......................................................................................................... 42 10.04 Rejecting Defective Work ..................................................................................................... 42 10.05 Shop Drawings, Change Orders and Payments .................................................................... 42 10.06 Determinations for Unit Price Work .................................................................................... 42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................ 42 10.08 Limitations on Engineer’s Authority and Responsibilities .................................................... 42 10.09 Compliance with Safety Program ......................................................................................... 43 Article 11 – Amending the Contract Documents; Changes in the Work ...................................... 43 11.01 Amending and Supplementing Contract Documents .......................................................... 43 11.02 Owner-Authorized Changes in the Work ............................................................................. 44 11.03 Unauthorized Changes in the Work ..................................................................................... 44 11.04 Change of Contract Price ..................................................................................................... 44 11.05 Change of Contract Times .................................................................................................... 45 11.06 Change Proposals ................................................................................................................. 45 11.07 Execution of Change Orders ................................................................................................. 46 11.08 Notification to Surety ........................................................................................................... 47 Article 12 – Claims ......................................................................................................................... 47 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 12.01 Claims ................................................................................................................................... 47 Article 13 – Cost of the Work; Allowances; Unit Price Work ........................................................ 48 13.01 Cost of the Work .................................................................................................................. 48 13.02 Allowances ........................................................................................................................... 50 13.03 Unit Price Work .................................................................................................................... 51 Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....... 52 14.01 Access to Work ..................................................................................................................... 52 14.02 Tests, Inspections, and Approvals ........................................................................................ 52 14.03 Defective Work..................................................................................................................... 53 14.04 Acceptance of Defective Work ............................................................................................. 53 14.05 Uncovering Work ................................................................................................................. 53 14.06 Owner May Stop the Work .................................................................................................. 54 14.07 Owner May Correct Defective Work .................................................................................... 54 Article 15 – Payments to Contractor; Set-Offs; Completion; Correction Period .......................... 55 15.01 Progress Payments ............................................................................................................... 55 15.02 Contractor’s Warranty of Title ............................................................................................. 58 15.03 Substantial Completion ........................................................................................................ 58 15.04 Partial Use or Occupancy ..................................................................................................... 59 15.05 Final Inspection .................................................................................................................... 59 15.06 Final Payment ....................................................................................................................... 59 15.07 Waiver of Claims .................................................................................................................. 61 15.08 Correction Period ................................................................................................................. 61 Article 16 – Suspension of Work and Termination ....................................................................... 62 16.01 Owner May Suspend Work .................................................................................................. 62 16.02 Owner May Terminate for Cause ......................................................................................... 62 16.03 Owner May Terminate For Convenience ............................................................................. 63 16.04 Contractor May Stop Work or Terminate ............................................................................ 63 Article 17 – Final Resolution of Disputes ...................................................................................... 64 17.01 Methods and Procedures ..................................................................................................... 64 Article 18 – Miscellaneous ............................................................................................................ 64 18.01 Giving Notice ........................................................................................................................ 64 18.02 Computation of Times .......................................................................................................... 64 18.03 Cumulative Remedies .......................................................................................................... 64 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v 18.04 Limitation of Damages ......................................................................................................... 65 18.05 No Waiver ............................................................................................................................ 65 18.06 Survival of Obligations ......................................................................................................... 65 18.07 Controlling Law .................................................................................................................... 65 18.08 Headings ............................................................................................................................... 65 Standard General Conditions 00 72 00 - 1 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The 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. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer Standard General Conditions 00 72 00 - 2 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Standard General Conditions 00 72 00 - 3 24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. 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. 30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities. 35. 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. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. Standard General Conditions 00 72 00 - 4 37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. 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. 40. 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. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. Supplier—A manufacturer, fabricator, supplier, 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 a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. 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 but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. Standard General Conditions 00 72 00 - 5 48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 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 15.03 or 15.04). 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. Standard General Conditions 00 72 00 - 6 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. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: 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 Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and Standard General Conditions 00 72 00 - 7 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 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 2.03.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. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or Standard General Conditions 00 72 00 - 8 computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, 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 Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, Standard General Conditions 00 72 00 - 9 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. Standard General Conditions 00 72 00 - 10 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Standard General Conditions 00 72 00 - 11 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. 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. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Standard General Conditions 00 72 00 - 12 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 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. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part Standard General Conditions 00 72 00 - 13 by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris 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 completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 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. Standard General Conditions 00 72 00 - 14 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site 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 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; 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 connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, Standard General Conditions 00 72 00 - 15 c. 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. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent 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 Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; 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 information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after Standard General Conditions 00 72 00 - 16 becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer’s Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. 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; and d. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. Standard General Conditions 00 72 00 - 17 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; 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 removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. Standard General Conditions 00 72 00 - 18 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. Standard General Conditions 00 72 00 - 19 ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. 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 in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then 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 bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is Standard General Conditions 00 72 00 - 20 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor’s Insurance A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states). Standard General Conditions 00 72 00 - 21 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. 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. C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against 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. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result Standard General Conditions 00 72 00 - 22 of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, 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 (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that 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. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. Standard General Conditions 00 72 00 - 23 6.04 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, 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. B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable 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 Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.” 2. be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). Standard General Conditions 00 72 00 - 24 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. 8. allow for the waiver of the insurer’s subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. Standard General Conditions 00 72 00 - 25 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, 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 insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 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 or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 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 occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B 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, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the Standard General Conditions 00 72 00 - 26 policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 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 Documents. Contractor shall at all times maintain good discipline 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, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.03 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, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and Standard General Conditions 00 72 00 - 27 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. 7.04 “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 Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that 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, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. 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. B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. Standard General Conditions 00 72 00 - 28 D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or-equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and Standard General Conditions 00 72 00 - 29 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. Standard General Conditions 00 72 00 - 30 E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be 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. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. Standard General Conditions 00 72 00 - 31 O. 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 create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 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, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, 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 the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work Standard General Conditions 00 72 00 - 32 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. 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 or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. 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; Standard General Conditions 00 72 00 - 33 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. 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 Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.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 at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and protection 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 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 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. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or Standard General Conditions 00 72 00 - 34 exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent 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. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal. 3. With each 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 set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. 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 Standard General Conditions 00 72 00 - 35 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. 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 Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample 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 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. Standard General Conditions 00 72 00 - 36 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on 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, Subcontractors, 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; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. Standard General Conditions 00 72 00 - 37 D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A 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 7.18.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, 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. 7.19 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 Laws and Regulations. 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 seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Standard General Conditions 00 72 00 - 38 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, 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 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 – OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, 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. Standard General Conditions 00 72 00 - 39 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. Standard General Conditions 00 72 00 - 40 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 – OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. Standard General Conditions 00 72 00 - 41 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during Standard General Conditions 00 72 00 - 42 or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. 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. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer’s authority as to Change Orders is set forth in Article 11. D. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, 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. Standard General Conditions 00 72 00 - 43 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed. ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an Standard General Conditions 00 72 00 - 44 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on Standard General Conditions 00 72 00 - 45 the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor’s Fee: When applicable, 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 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.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 Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost 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 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under Standard General Conditions 00 72 00 - 46 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. 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; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. Standard General Conditions 00 72 00 - 47 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 – CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim Standard General Conditions 00 72 00 - 48 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. 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, and vacation and holiday pay applicable Standard General Conditions 00 72 00 - 49 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 payments, 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 13.01. 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 maintenance, 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 performance 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 equipment, 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, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes Standard General Conditions 00 72 00 - 50 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 communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work 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, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. 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 Paragraph 13.01.B. D. Contractor’s Fee: When the Work as a whole 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, Change Proposal, Claim, set-off, or other 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 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. Standard General Conditions 00 72 00 - 51 B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 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. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it 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. Standard General Conditions 00 72 00 - 52 ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to Standard General Conditions 00 72 00 - 53 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. Standard General Conditions 00 72 00 - 54 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, 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, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work 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. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, 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, then 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 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will Standard General Conditions 00 72 00 - 55 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 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, a warehouse bond, 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. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: Standard General Conditions 00 72 00 - 56 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, 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 money 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 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or Standard General Conditions 00 72 00 - 57 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; l. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount Standard General Conditions 00 72 00 - 58 remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. Standard General Conditions 00 72 00 - 59 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of Standard General Conditions 00 72 00 - 60 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. 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 under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. 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 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation, Standard General Conditions 00 72 00 - 61 including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the 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 Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 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 to other land or areas resulting therefrom. 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 removed and replaced. 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 repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). 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, 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. Standard General Conditions 00 72 00 - 62 E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, Standard General Conditions 00 72 00 - 63 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 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; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 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 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 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 are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for Standard General Conditions 00 72 00 - 64 expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. ARTICLE 17 – FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 – MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. Standard General Conditions 00 72 00 - 65 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. Supplementary Conditions 00 73 00-1 DOCUMENT 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC 5.03 Delete Paragraphs 5.03.A and 5.03.B in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or adjacent to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC 5.06 Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 6 – BONDS AND INSURANCE SC 6.03 Add the following new paragraph immediately after Paragraph 6.03.J: K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: State: Statutory Federal, if applicable (e.g., Longshoreman’s): Statutory Employer’s Liability: Bodily injury, each accident $ 500,000 Bodily injury by disease, each employee $ 500,000 Bodily injury/disease aggregate $ 500,000 Supplementary Conditions 00 73 00-2 Foreign voluntary worker compensation Statutory 2. Contractor’s Commercial General Liability under Paragraphs 6.03.B and 6.03.C of the General Conditions: General Aggregate $ 2,000,000 Products - Completed Operations Aggregate $ 1,000,000 Personal and Advertising Injury $ 1,000,000 Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000 3. Automobile Liability under Paragraph 6.03.D. of the General Conditions: Bodily Injury: Each person $ 500,000 Each accident $ 1,000,000 Property Damage: Each accident $ 500,000 4. Excess or Umbrella Liability: Per Occurrence $ 5,000,000 General Aggregate $ 5,000,000 5. Contractor’s Pollution Liability: Each Occurrence $ Not Applicable General Aggregate $ Not Applicable If box is checked, Contractor is not required to provide Contractor’s Pollution Liability insurance under this Contract 6. Additional Insureds: The Owner [CITY OF OTSEGO] and Engineer [HAKANSON ANDERSON ASSOCIATES, INC.], shall be listed as additional insureds. 7. Contractor’s Professional Liability: Each Claim $ 1,000,000 Annual Aggregate $ 1,000,000 Supplementary Conditions 00 73 00-3 SC 6.05 Builders Risk Insurance is not required for this project. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES SC-7.02.B. Add the following new subparagraphs immediately after Paragraph 7.02.B: 1. Regular working hours will be 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 6:00 p.m. Saturdays. Contractors shall not perform work on Sundays or Legal Holidays. ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.A: B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. 1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor-approved Shop Drawings. Supplementary Conditions 00 73 00-4 b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, if any, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Start-ups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 10. Records: a. Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. b. Record names, addresses, fax numbers, e-mail addresses, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. c. Maintain records for use in preparing Project documentation. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. Supplementary Conditions 00 73 00-5 b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in Engineer’s visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected. b. Participate in Engineer’s final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work. C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. Supplementary Conditions 00 73 00-6 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK SC 13.03.E Delete Paragraph 13.03.E in its entirety and insert the following in its place: E. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. if the extended price of a particular item of Unit Price Work amounts to 5 percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if Contractor believes that Contractor has incurred additional expense as a result thereof, Contractor may submit a Change Proposal, or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, Owner may make a Claim, seeking an adjustment in the Contract Price. ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD SC 15.03.B Add the following new subparagraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, shall be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set -off against payments due under Article 15. ARTICLE 18 – MISCELLANEOUS SC-18.09. Add the following new paragraph immediately after paragraph 18.08: 18.09. Additional Requirements A. The Contractor shall comply with all of the additional requirements as listed below. A copy of these requirements are included in this Project Manual as indicated. 1. Attachment 1 – 00 45 10 Notice to Bidders “Bid Rigging” (Includes 1 page) 2. Attachment 2 – 00 45 11 Notice to Bidders “Prompt Payment” (Includes 1 page) 3. Attachment 3 – Construction Plans (Includes 54 sheets) DIVISION 1 DIVISION 1 – GENERAL REQUIREMENTS INDEX SECTION TITLE PAGE 01 33 00 Submittals DV1-1 01 41 00 Regulatory Requirements DV1-5 01 42 00 Specification Reference DV1-6 01 57 00 Air, Land and Water Pollution DV1-7 SECTION 01 33 00 SUBMITTALS PART 1 – GENERAL 1.01 SUMMARY A. This Section includes administrative and procedural requirements for submittals required for performance of the Work, including the following: 1. Contractor's construction schedule. 2. Submittal schedule. 3. Shop drawings. 4. Product data. 5. Samples. 6. Quality assurance and quality control submittals, including calculations, mix designs and substantiating test results. PART 2 – PRODUCTS (Not used) PART 3 – EXECUTION 3.01 SUBMITTAL PROCEDURES Contractor shall be responsible for the following: A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 1. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals or resubmittals concurrently. a. Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until all related submittals are received. 2. Processing: To avoid the need to delay installation as a result of the time required to process submittals, allow sufficient time for submittal review, including time for resubmittals. a. Allow fourteen (14) calendar days for initial review. Allow additional time if the Engineer must delay processing to permit coordination with subsequent submittals. b. If an intermediate submittal is necessary, process the same as the initial submittal. c. Allow fourteen (14) calendar days for processing each resubmittal. d. No extension of Contract Time will be authorized because of failure to transmit submittals to Engineer sufficiently in advance of the Work to permit processing. Division 1 – General Requirements DV1-2 B. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. 1. Provide a space approximately 4 inches by 5 inches on the label or beside the title block on Shop Drawings to record Contractor's and Engineer’s review and approval markings and the action taken. 2. Include the following information on the label for processing and recording action taken. a. Project name. b. Date. c. Name and address of the Contractor’s Engineer. d. Name and address of the Contractor. e. Name and address of the subcontractor. f. Name and address of the supplier. g. Name of the manufacturer. h. Number and title of appropriate Specification Section. i. Drawing number and detail references, as appropriate. C. Number of Copies: 1. Two (2) copies of the proposed Construction schedule and subsequent revision are required. 2. Two (2) copies of the proposed Submittal schedule and subsequent revision are required. 3. Three (3) copies of Shop Drawings, Product, Product Samples, Quality Assurance and Quality Control submittals are required. If Contractor requires more than two (2) approved copies, Contractor shall submit additional sets. D. Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from Contractor to Engineer using a transmittal form accepted by Engineer. Engineer will not accept submittals received from sources other than Contractor. 1. On the transmittal, record relevant information and requests for data. On the form, or separate sheet, record deviations from Contract Document requirements, including variations and limitations. Include Contractor's certification that information complies with Contract Document requirements. 3.02 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-chart-type, Contractor’s construction schedule. Provide a separate time bar for each significant construction activity. Engineer shall approve format and level of detail. Update schedules as necessary to reflect current status of work. Submit revised schedules as requested and with each pay application. 3.03 SUBMITTAL SCHEDULE A. Concurrently with the development of Contractor's Construction Schedule, prepare and submit a complete and comprehensive schedule of submittals. 1. Coordinate Submittal Schedule with the list of subcontracts, Schedule of Values, and the list of products as well as the Contractor's Construction Schedule. 2. Prepare the schedule in chronological order, listing each item for which Contractor’s shop drawings, product data, samples or other types of submittals are required Division 1 – General Requirements DV1-3 3.04 SHOP DRAWINGS A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not a Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates and similar Drawings. Include the following information: 1. Dimensions. 2. Identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings on sheets at least 8-1/2 inches by 11 inches but no larger than 24 inches by 36 inches. 7. Do not use Shop Drawings without an appropriate stamp indicating action taken. 3.05 PRODUCT DATA A. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information, such as manufacturer's installation instructions, catalog cuts, standard color charts, standard wiring diagrams, applicable certifications and performance curves. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products that are not required, mark copies to indicate the applicable information. 3.06 SAMPLES A. Submit full-size, fully fabricated Samples cured and finished when specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. Mount or display Samples in the manner to facilitate review of qualities indicated. 3.07 QUALITY ASSURANCE AND QUALITY CONTROL SUBMITTALS A. Submit quality assurance and quality control submittals, including design data, certifications, manufacturer's instructions, manufacturer's field reports, materials test results, field testing and inspection reports, and other quality-control submittals as required under other Sections of the Specifications. B. Certifications: Where other Sections of the Specifications require certification that a product, material, or installation complies with specified requirements, submit a certification from the manufacturer or responsible engineer certifying compliance with specified requirements. C. Calculations: When required in the technical specification, calculations shall be prepared and signed by a Professional Engineer registered in the State of Minnesota. 3.08 ENGINEER/ARCHITECT'S ACTION A. Except for submittals for the record, or for information where action and return is not required, Engineer will review each submittal, mark to indicate action taken, and return within the time frame specified in Paragraph 3.01.A.3. 1. Compliance with specified characteristics is the Contractor's responsibility. Division 1 – General Requirements DV1-4 B. Action Stamp: Engineer will stamp each submittal with a uniform, action stamp. Engineer will mark the stamp appropriately to indicate the action taken, as follows: 1. “Reviewed”: the Work covered by the submittal may proceed provided it complies with requirements of the Contract Documents. Final payment depends on that compliance. 2. "Reviewed with Comments”: the Work covered by the submittal may proceed provided it complies with notations or corrections on the submittal and requirements of the Contract Documents. Final payment depends on that compliance. 3. "Revise and Resubmit” or “Rejected": do not proceed with Work covered by the submittal, including purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal according to the notations and resubmit without delay. Repeat if necessary to obtain different action mark. a. Do not use, or allow others to use, submittals marked "Revise and Resubmit" or “Rejected” at the Project Site or elsewhere where Work is in progress. 4. Other Action: Where a submittal is for information, or for record purposes, or for special processing, or for other activity, the E/A will return the submittal marked “Record Copy”, “Action Not Required” or “No Action Taken." C. Unsolicited Submittals: The E/A will return unsolicited submittals to the sender without action. Division 1 – General Requirements DV1-5 SECTION 01 41 00 REGULATORY REQUIREMENTS PART 1 – GENERAL 1.01 SUMMARY This Section lists those permits referred to in the General Conditions, Section 7.08 that are applicable to this project. A. Permits obtained by Owner. The Owner has applied for the following permits from appropriate authorities. It is anticipated that the permits will be approved prior to execution of contract. Contractor shall perform all work and conduct itself in full accordance with the requirements of the permits. 1. N/A B. Permits obtained by Contractor. 1. N/A Contractor shall be responsible for posting any bonds that may be required as a condition to any Owner or Contractor obtained permit. Contractor is also responsible for securing and paying all costs of any other required permits not mentioned above. PART 2 – PRODUCTS (Not used) PART 3 – EXECUTION (Not used) Division 1 – General Requirements DV1-6 SECTION 01 42 00 SPECIFICATION REFERENCE PART 1 – GENERAL 1.01 STANDARD SPECIFICATIONS FOR WATERMAIN, SANITARY SEWER AND STORM SEWER CONSTRUCTION A. Watermain, sanitary sewer and storm sewer construction including pipe jacking/boring shall conform to the applicable provisions of the “Standard Specifications for 2600 - Trench Excavation and Backfill / Surface Restoration, 2611 - Watermain and Service Line Installation, 2621 - Sanitary Sewer and Storm Sewer Installation” as published by the City Engineers Association of Minnesota, (CEAM) 2013 Edition. B. Copies of the Standard Specifications are available from the CEAM web site at: http://ceam.org C. References in this Project Manual or on the Plans, to the Standard Specifications, referenced in 1.01.A above, shall serve to supplement or modify the Standard Specifications. Portions of the Standard Specifications not specifically affected by the supplemented information of modification shall remain in effect as originally written. D. THREADED ITEMS - All threaded items furnished under this contract, including but not limited to mechanical joint connectors, flanged joint connectors, mainline valves, saddles, corporation stops, curb stops, hydrants, and air release valves shall be furnished to the nominal size as specified with ENGLISH threads. 1.02 STANDARD SPECIFICATIONS FOR GRADING, STREET AND SURFACE IMPROVEMENTS A. All of Divisions II and III, and any specifically referenced Division I sections of the Minnesota Department of Transportation (MnDOT), “Standard Specifications for Construction”, 201 8 Edition, together with all the Supplemental Specifications shall apply to all construction performed under this Contract except as modified in these Specifications. Unless noted, the requirements in the Specifications are in addition to the MnDOT Specification section being referenced. B. Whenever the word “Contracting Authority,” “Department” or “Owner” is used in the sense of ownership as part of these Specifications and Contract, it shall mean Owner as defined in the Form of Agreement. C. References in this Project Manual or on the Standard Specifications referenced in 1.02.A above, shall serve to supplement or modify the Standard Specifications. Portions of Standard Specifications not specifically affected by the supplemented information or modification shall remain in effect as originally written. 1.03 ABBREVIATIONS A. Wherever the following abbreviations are used, they shall have the meanings indicated. AASHTO American Association of the State Highway and Transportation Officials ACI American Concrete Institute AI The Asphalt Institute ASTM American Society for Testing and Materials AWWA American Water Works Association CEAM City Engineer’s Association of Minnesota CLFMI Chain Link Fence Manufacturers Institute MN/DOT Minnesota Department of Transportation OSHA Occupational Safety and Health Act of 1970 PCA Portland Cement Association PART 2 – PRODUCTS (Not used) PART 3 – EXECUTION (Not used) Division 1 – General Requirements DV1-7 SECTION 01 57 00 AIR, LAND AND WATER POLLUTION PART 1 – GENERAL Pollution of the natural resources of air, land and water by operations under this contract shall be prevented, controlled, minimized and abated in accordance with the provisions of MN/DOT 1717 as modified below. 1.01 EXTREME WEATHER EVENT If localized flooding is caused by an extreme weather event and results in discharge into surface water, by deliberate pumping or diverted flow, the Contractor shall provide for end of trench or pipe filtration or treatment systems. The filtration/treatment system shall be capable of preventing visibly turbid discharge from entering surface water. This work shall be completed in accordance with applicable laws pertaining to discharge into surface waters and as directed by the Engineer. The Contractor will receive compensation as Extra Work. PART 2 – PRODUCTS (Not used) PART 3 – EXECUTION (Not used) DIVISION 2 DIVISION 2 – TECHNICAL REQUIREMENTS INDEX ITEM MN/DOT SPECIFICATION NO. AND TITLE PAGE S-1 (2104) REMOVING PAVEMENT AND SALVAGING/REMOVING MISCELLANEOUS STRUCTURES .................................... 1 S-2 (2211) AGGREGATE BASE CLASS 5 ................................................................................................................................. 1 S-3 (2211) SALVAGE, HAUL AND STOCKPILE RECLAIM MATERIAL ...................................................................................... 1 S-4 (2211) AGGREGATE BASE PREPARATION ...................................................................................................................... 2 S-5 (2215) RECLAMATION ................................................................................................................................................... 2 S-6 (2360) PLANT MIXED ASPHALT PAVEMENT (LOCAL AGENCY) (MSCR) ........................................................................ 11 S-7 (2501) PIPE CULVERTS ................................................................................................................................................. 13 S-8 (2540) MAIL BOX AND SUPPORT ................................................................................................................................. 14 S-9 (2562) ADDITIONAL TRAFFIC CONTROL DEVICES AND EXTENDED USE OF TRAFFIC CONTROL DEVICES .................... 14 S-10 (2563) TEMPORARY TRAFFIC MANAGEMENT ............................................................................................................. 17 S-11 (2574) PULVERIZED TOPSOIL BORROW ....................................................................................................................... 22 S-12 (2575) ESTABLISHING TURF AND CONTROLLING EROSION (ROLLED EROSION PREVENTION PRODUCTS) ................. 22 S-13 (3151) BITUMINOUS MATERIAL (MSCR) ..................................................................................................................... 29 Division 2 – Technical Requirements DV2-1 S-1 (2104) REMOVING PAVEMENT AND SALVAGING/REMOVING MISCELLANEOUS STRUCTURES Abandoned structures and other obstructions shall be removed from the Right of Way and disposed of in accordance with the provisions of MnDOT 2104, except as modified below: S-1.1 Measurement and payment for the removal and disposal of materials will be made only for those Items of removal work specifically included for payment as such in the Proposal and as listed in the Plans. The removal of any unforeseen obstruction requiring in the opinion of the Engineer equipment or handling substantially different from that employed in excavation operations, will be paid for as Extra Work as provided in MnDOT 1402.5. S-1.2 All removals shall be disposed of by the Contractor outside the Right of Way in accordance with MnDOT 2104.3D3 to the satisfaction of the Engineer. S-1.3 Existing mailboxes shall be remain in place if possible. If it is necessary to remove a mailbox to complete the project as shown see section 2540 – Mail Box and Support for additional information. S-1.4 If during the Full Depth Reclamation process, it is discovered that the resulting reclaimed material is unsuitable for use as aggregate base (i.e. exposure of clay materials from “frost boils”) it shall be removed to a depth as directed by the Engineer. This unsuitable material shall be used as common borrow within ditch slope or for road widening. Any remaining excess material shall become the property of the contractor and disposed of in accordance with the provisions of MnDOT 2104. S-1.5 Topsoil shall be salvaged in all disturbed areas (i.e. culvert replacements and road widening). The salvaged topsoil shall be replaced on top for finish grade prior to turf establishment. S-1.6 Provide a saw cut when placing new pavement adjacent to in place pavement and at termini of construction to ensure a uniform joint. Contractor to mill along joints a minimum of 18" wide to stagger joints prior to placing wear course. S-1.7 Removal and replacement of culverts shall be done in a manner in which all properties have access and drainage is maintained throughout construction and drainage is not interrupted for at a time/or for a duration that storm water can cause damage to property. S-2 (2211) AGGREGATE BASE CLASS 5 This work consists of placing furnishing and installing new aggregate on driveways as necessary to connect to newly paved street: S-2.1 Existing material on gravel driveways shall be stripped back a minimum of 5’ to provide sufficient room to pave required “bump outs” as shown in the plan details. Once the final lift of pavement is placed the additional Class 5 aggregate shall be placed as necessary to bring the driveways up to the new pavement edge. The existing gravel material shall be pulled back to the new pavement edge. The additional class 5 material is paid per Ton at the contract unit prices as Item 2211 – Aggregate Base Class 5 (Driveways). No direct compensation will be made for the stripping and respreading of the existing gravel material. S-2.2 Aggregate base course shall be Class 5 in accordance with the provisions of Mn/DOT 3138. Mn/DOT Grading and Base form shall be submitted one week in advance. S-3 (2211) SALVAGE, HAUL AND STOCKPILE RECLAIM MATERIAL This work consists of the salvaging, loading and hauling excess reclaim material to the designated location as shown in the plans: Division 2 – Technical Requirements DV2-2 S-3.1 Immediately after the full depth of reclaim material has been bladed and compacted in-place approximately 3” of compacted material shall be striped and salvaged. This material shall become the property of the Contractor from Oakwood, Needham, and 80th. S-3.2 A sufficient amount of reclaim material shall be left onsite to place as shouldering. S-3.3 Measurement and payment for removing, loading, salvaging, hauling, placement and compaction of the reclaim material shall be by the measured excavated volume (EV) of the salvaged material. S-4 (2211) AGGREGATE BASE PREPARATION This work consists of spreading, shaping, and compacting the pulverized reclaim material to the profile and cross section shown on the plans. This work includes placing and compacting salvaged reclaim material as shouldering: S-4.1 Maintain the moisture content from 3 to 7 percent by dry weight during compaction. S-4.2 Shouldering; Place and compact pulverized material (reclaim material) along shoulders 12” wide to bring final shouldering elevation to finish pavement elevation. S-4.3 Blend, add water, spread, compact, and shape pulverized material by the end of each workday, and before any significant rainfall event occurs. S-4.4 Compaction testing may be done on all placed reclaim material using either: • DCP - Penetration Index (PI) Method (for material meeting 3149.2B), or • Nuclear Density - Specified Density Method (for material not meeting 3149.2B) or • A test roll may be conducted on all prepared aggregate base/reclaim material. Any failing materials shall be removed and corrected as described in S-2.1.D of S-2.2.C. • Reclaim shall be compacted to 100% specified density method S-4.5 Measurement and payment for shaping and compacting the reclaim material to final grades shall be by the planned square yard (SY) of the base and shouldering preparation. S-5 (2215) RECLAMATION REVISED 04/02/19 SP2018-108 S-5.1 MnDOT 2215 is deleted and replaced with the following: 2215 RECLAMATION 2215.1 DESCRIPTION This work consists of pulverizing and blending inplace underlying pavements to create an unstabilized or stabilized base. The subsections below are designated so an “A” subsection refers to All Reclamation, a “B” subsection refers to Full Depth Reclamation (FDR), and a “C” subsection refers to Stabilized Full Depth Reclamation (SFDR), as illustrated here: A All Reclamation A.1 Definitions A.1.a Pulverized (un-stabilized) Material Division 2 – Technical Requirements DV2-3 Pulverized material is produced by grinding the bituminous pavement with a portion of the underlying granular material. It may also include additional materials, such as add rock or compaction aids. A.1.b Bituminous Stabilized Material Bituminous Stabilized Material is pulverized material that has had a bituminous stabilizing agent (emulsion or foamed asphalt) added to it. It may also include additional materials, such as cement or add rock. B Full Depth Reclamation (FDR) This work consists of pulverizing and blending the in -place bituminous pavement with a portion of the underlying material to produce a uniformly mixed aggregate base. The work includes spreading, watering, compacting, shaping, and maintaining the blended reclaim material to the specified profile and cross-section. If a compaction aid is used, a second pulverization, mixing, and compaction occurs after the initial phase. C Stabilized Full Depth Reclamation (SFDR) Construct a stabilized full depth reclamation (SFDR) layer by: Pulverizing and blending the in-place bituminous pavement structure with a portion of the underlying material, mixing it with a specified bituminous material and additional materials, if required, shaping and compacting. The process is performed in two steps: an initial pulverization and compaction, and a final pulverization, mixing and compaction. 2215.2 MATERIALS A All Reclamation A.1 Additional Aggregates Provide additional aggregates as required by the Contract. A.2 Water .................................................................................................................................... 3906 B Full Depth Reclamation (FDR) B.1 Aggregate Base For Reclamation ........................................................................................... 3135 B.2 Compaction Aids Provide Compaction aids, if required by the Contract. C Stabilized Full Depth Reclamation (SFDR) C.1 SFDR Design Parameters The mix design criteria for SFDR is in the Grading and Base Manual section 5 -692.290. The Agency will provide the mix requirements on Form G&B-408 in the Contract documents. C.1.a Design Requirements Meet the mix Design Parameters listed on Form G&B-408. C.2 Gradation Meet the gradation requirements of Table 2215-1. Division 2 – Technical Requirements DV2-4 Table 2215-1 Gradation Requirements Un-Stabilized Portion Sieve Size Percent Passing 3” 100 2” 90 – 100 Stabilized Portion Sieve Size Percent Passing 1.5” 98 - 100 C.3 Bituminous Material for Mixture ........................................................................................... 3151 Use the type and grade of bituminous material for mixture (liquid bituminous material) designated in the mix design on Form G&B-408. C.4 Mineral Stabilizing Agent (Cement or Lime) Provide mineral stabilizing agent(s) at the rate required by the Contract. C.4.a Cement .................................................................................................................................. 3101 C.4.b Hydrated Lime ....................................................................................................................... 3106 2215.3 CONSTRUCTION REQUIREMENTS A All Reclamation All forms and the Grading and Base Manual are available on the Grading and Base Website. Unless otherwise designated all test procedures are in the Grading and Base Manual. Repair structures damaged by Contractor operations or negligence. Correct and re-test all failing areas. Any failure to meet a requirement creates a Hold Point, whereby no additional material may be placed until Corrective action and passing retest(s) have occurred, or accepted by the Engineer. All additional material placed before corrective action and passing retest(s) occur constitutes Unauthorized Work per 1512.2. Place geotextiles, if required in the plan or if directed by the Engineer, comply with the requirements of 2105, “Excavation and Embankment.” A.1 Contractor Quality Control (QC) Testing Perform Contractor QC testing and submit all required forms, if required in the Schedule of Materials Control. Submit results to the Engineer within one business day after sampling. Submit to the Engineer the following items: (1) a preliminary Grading and Base Report (G&B-001) (required before work commences), (2) a final Grading and Base Report (G&B-001) (required within two weeks of completion of project), and (3) a weekly summary report of tests completed and retests of failing materials (G&B -003) (required the first working day of the following week). Sample and test for gradation within the first 500 ft. of production and within 500 ft. after a failing gradation. Division 2 – Technical Requirements DV2-5 Correct and retest all failing areas, which fail either Quality Control or Quality Assurance Testing. A.2 Agency Quality Assurance (QA) – General Test according to the Schedule of Materials Control. B Construction Requirements – Full Depth Reclamation (FDR) B.1 Contractor Quality Control (QC) – FDR Perform gradations, moisture tests, depth checks, penetration index tests, test roll, and any other required tests per the Schedule of Materials Control and Contract. Perform test rolling on the top surface per 2111, “Test Rolling,” using test roller TR10. B.2 Agency Quality Assurance (QA) – FDR Test compaction using the Penetration Index Method. Sample for gradation, according to the Grading and Base Manual, after spreading but before compaction. Observe and document all test rolling, per the Schedule of Materials Control and Contract. B.3 General FDR Requirements Remove all reclaimed pavement pieces that would be retained on a three inch sieve, from the right-of-way. B.4 Equipment Requirements B.4.a Reclaiming Machine Use a road reclaiming machine capable of uniformly pulverizing the pavement and the underlying layer to the specified depth and gradation. B.4.b Rollers B.4.b.1 Pneumatic-Tired Roller Use a pneumatic-tired roller weighing at least 25 ton or 616 lb. per in of rolling width. Ensure the tire arrangement allows compaction over the full width of the roller with each pass. B.4.b.2 Pad Foot Vibratory Roller If required in 2215.3.B.7, use a pad foot roller weighing at least 25,000 lb. B.5 Pulverizing Operation Before beginning pulverization, remove vegetation and topsoil adjacent to the surface. Blend, add water, spread, compact, and shape pulverized material by the end of the workday. Protect and avoid damaging Structures during pulverization. Correct reclaim sections represented by a failing gradation. B.6 Incorporation of Additional Aggregates and/or Compaction Aids If required of the Contract, uniformly spread additional aggregates across the roadway surface to be reclaimed before incorporating it into the reclaim mixture. Division 2 – Technical Requirements DV2-6 If required of the Contract, inject and automatically meter compaction aids within the reclaimer using a second reclamation pass. B.7 Placing and Compacting Uniformly mix reclamation material before spreading. Spread and compact the reclamation material to the profile and cross section shown on the plans before placing the next layer. Maintain the moisture content from 3 to 7 percent by dry weight during compaction. Place and compact reclamation materials in maximum 3-inch lifts using a pneumatic-tired roller in compliance with 2215.3.B.4.i. For lifts thicknesses from 3 inches to 6 inches compact using both a pneumatic -tired and pad foot vibratory rollers in compliance with 2215.3.B.4. The Contractor may use excess reclamation material from other locations on the project to attain the profile or cross-section as shown on the plans. Compact the full thickness to achieve a penetration index value of 10 mm and a seating value of 40 mm as measured by the MnDOT Standard Dynamic Cone Penetrometer (DCP) method, as determined by Form G&B -205. Place and compact to support traffic, while allowing no greater than ½ inch of surface displacement, when measured using a straightedge. Construct the layer to ±0.05 ft. of the profile and cross-section as required by the contract in accordance with 2112, “Subgrade Preparation.” Place and compact pulverized materials in maximum 6-inch lifts. B.8 Workmanship, Quality, Repair and Maintenance The Engineer will provide staking to re-establish the centerline, when Contractor-staking is not required by the contract. Maintain the compaction, quality, integrity, and properties of the aggregate material in each lift until the next lift or layer is placed. Repair ruts, potholes, wash-boarding, and other distortions by scarifying to a depth of 2 inches below the deepest distortion and re-compact. C Construction Requirements – Stabilized Full Depth Reclamation (SFDR) C.1 General SFDR Requirements Provide water in order to obtain maximum density. Stabilize when; The atmospheric temperature is 50°F and rising when using emulsions, 60°F and rising when foaming bituminous, or 40°F and rising when using cement only, it is not foggy or rainy, and freezing temperatures are not predicted within 48 hours a fter placement of SFDR. Atmospheric temperature and predicted weather requirements are determined by the Engineer. C.2 Equipment Division 2 – Technical Requirements DV2-7 C.2.a Reclaiming Machine Provide a self-propelled reclaiming machine with the ability to: (1) Uniformly pulverize the pavement and the underlying layer to the specified depth and gradation requirements of Table 2215-1. (2) Thoroughly mix the reclaimed pavement while injecting the liquid bituminous material and automatically metering it with a variation of not more than ±0.1 percent by weight. It must be capable of adding an additional 6 percent asphalt by total weight. (3) Automatically control cross-slope and control cutting depth to within ± 1/4 inch of the depth shown on the plans. (4) Maintain the designed asphalt content of overlapped mixtures by adjusting the application of bituminous material for the width of pulverized layer. Automatically maintain the designed asphalt content regardless of machine speed, depth of cut, and number of operating nozzles. Provide means for automatically cleaning nozzles and continual observation and measurement by the operator. (5) For foamed asphalt applications, the reclaiming machine must also accurately foam bituminous material and uniformly add specified water and provide samples of the foamed bituminous material through a sampling nozzle. C.2.b Rollers C.2.b.1 Pneumatic-Tired Roller Compact with a pneumatic tired roller meeting the requirements of 2360.3.B.2.e(2) and having a minimum weight of 25 tons. C.2.b.2 Pad Foot Vibratory Roller Compact with a pad foot vibratory roller weighing at least 12.5 ton. C.2.b.3 Steel-Wheeled Roller Compact with steel-wheeled vibratory rollers equipped with a water spray system meeting the requirements of 2360.3.B.2.e(1). When using bituminous stabilizers, compact with a double drum roller. When using cement only, compact with a single drum roller. C.2.c Bituminous Material for Mixture Supply Tankers When foaming, tankers must be equipped with a visible thermometer that measures the temperature of the liquid Bituminous Material for Mixture in the bottom third of the supply tank. C.2.d Vane Feeder When cement is required, provide a vane feeder capable of uniformly spreading the cement on the road surface prior to reclaiming. C.2.e Motor Grader Use a self-propelled motor grader with a minimum 12 foot wide blade. C.3 Pulverization Pulverize (grind) and uniformly blend the in-place bituminous pavement with the underlying granular base to the gradation requirements of Table 2215-1. Division 2 – Technical Requirements DV2-8 If required of the Contract, uniformly spread additional material across the roadway surface to be reclaimed before incorporating it into the reclaim mixture. Correct reclaim sections that do not comply with table 2215-1 by re-pulverizing. C.4 Spreading & Compaction of the Unstabilized Material Spread, shape, and compact the pulverized material to the profile and cross section shown on the plans. Maintain the moisture content from 3 to 7 percent by dry weight during compaction. Place and compact pulverized (un-stabilized) materials in maximum 6-inch lifts. Compact the initial pulverized layer to a maximum penetration index value of 10 mm as measured by the MnDOT standard Dynamic Cone Penetrometer (DCP) device. Blend, add water, spread, compact, and shape pulverized material by the end of each workday, and before any significant rainfall event occurs. C.5 Spreading Cement Spread cement using a vane feeder in a manner that minimizes dusting, i.e. do not spread when the wind is strong enough to coat traffic and/or the environment. Control the cement content to within ± 0.5 pounds/sy, of the mix design target from Form G&B -408. Start mixing operations, no longer than 1/2 hour after spreading stabilizing agent. C.6 Mixing/Injecting Produce the SFDR layer by mixing and injecting the liquid bituminous material into the pulverized pavement. Incorporate the bituminous material for mixture at the rate designated on the mix design. However, after consultation with the Contractor, the Engineer may direct the Contractor to vary the application rate of bituminous material for mixture compared to the mix requirements for areas of pulverized bituminous which the Engineer believes are either too rich or too lean. Use a minimum 6 inch overlap between passes of the reclaimer. Demonstrate that the asphalt stabilizing agent is uniformly blended into the in -place re-cycle pavement. If the first mixing fails to produce uniformity, remix the stabilized layer until it is achieved. Maintain bituminous material within ±100 F of the optimum temperature recommended by the mix design (note that bituminous must also meet expansion ratio and half -life foaming tests). If the supplier does not provide a recommendation, maintain the foamed asphalt temperature between 305 0 F & 3250 F. C.7 Compaction of Bituminous Stabilized Material Complete the initial compaction (i.e. a pad foot compactor “walks out”) of the bituminous stabilized material prior to shaping. C.8 Shaping and Compacting of Bituminous Stabilized Material Remove any remaining pad foot marks and spread the material. Place and compact the material to within ±0.05 feet of the profile and so that the cross section has no variations greater than 1/2 inch within 10 feet. Division 2 – Technical Requirements DV2-9 Complete final shaping and compaction within two hours of bituminous material injection. Within 48 hours of SFDR, re-compact areas represented by density measurements below 97% of the target density determined from the Control Strip, roll until ≥97% density is achieved. Note: Do not over -roll to the point where checking of the surface occurs, also note that some areas may not achieve 97% density due to field conditions. C.8.a Control Strip Use a control strip to establish a rolling pattern. The control strip should represent a homogenous roadway section and have the following characteristics: (1) Minimum area of 400 square yards (2) Remain in-place and become a part of the completed work. (3) Use the following to establish a rolling pattern after initial breakdown is complete: Randomly select three test points in the control strip and use a nuclear density device (ASTM D2950, in back-scatter mode) to determine a wet density at each point after each finish (steel) roller pass. (4) Ensure that that the nuclear gauge rests on a flat surface. The density at each point is defined as the average of two readings offset 180 degrees. (5) Continue compacting until additional roller coverage does not produce appreciable increase in density. Provide documentation of the growth curve and maximum target density to the Engineer. Use this for QA/QC process. (6) Roll the remainder of that course in accordance with the pattern developed in the control strip for that roller. (7) Discontinue and reevaluate the rolling operation (pattern and timing), if surface cracking or checking occurs. Use this rolling pattern until a new control strip is performed. Establish a new rolling pattern by performing a new control strip when there are changes in the mixture that cause the original control strip to no longer be representative; changes may include: (1) In-place materials variation, including sections with varying thickness, construction history, etc. (2) If vehicles leave indents in the compacted surface. (3) Changes in RAP gradation (4) 97% of Target Density is not achieved on two consecutive QC or QA readings. (5) Changes in the application rate of Bituminous Material for Mixture, greater than 0.2% for foaming or 0.3% for emulsion. C.9 Workmanship, Quality, Repair and Maintenance Maintain the compaction, quality, integrity, the profile and cross section to within the criteria of 2215.3.C.8, and properties of the SFDR layer during the curing period until the placement of the next layer. Immediately prior to placement of the next layer, clean the SFDR surface and remove loose aggregate. The Engineer will provide staking to re-establish the centerline, when Contractor-staking is not required by the contract. Repair ruts, potholes, wash-boarding, and other distortions. C.10 Fog Seal and Bituminous Requirements Division 2 – Technical Requirements DV2-10 Apply a CSS-1h bituminous fog seal per 2355, “Bituminous Fog Seal” at a rate of 0.10 to 0.16 gallons per square yard no more than 3 days after the last section has been stabilized. Place the asphalt pavement: (1) No sooner than three calendar days and no later than 14 calendar days after SFDR, at any location, has been injected and compacted (note that the 14 day requirement may be extended with concurrence of the Engineer, if large rainfall events hinder the curing of the SFDR), (2) When the SFDR surface does not deflect under construction equipment and meets quality compaction per 2105.3.F.2. (3) When the SFDR is capable of meeting the required bituminous placement and compaction requirements. (4) When the moisture content of the SFDR is low enough to not migrate into and damage the new asphalt. 2215.4 METHOD OF MEASUREMENT A BLANK B Method of Measurement – Full Depth Reclamation (FDR) The Engineer will measure the reclamation area by the square yard. C Method of Measurement – Stabilized Full Depth Reclamation (SFDR) The Engineer will measure the bituminous stabilized full depth reclamation (SFDR) by the square yard. The Engineer will measure the bituminous material for mixture by the ton. The Engineer will measure the bituminous fog seal by the gallon. The Engineer will measure cement by the ton. The Engineer will measure additional aggregates by the ton. 2215.5 BASIS OF PAYMENT A All Reclamation The contract unit prices for reclamation includes the cost of production, testing, placement, occasional variations in the bituminous pavement thickness, removing vegetation and topsoil adjacent to the surface, repair to Structures damaged by Contractor’s operations or negligence, and necessary maintenance. The Agency will pay for the correction of unstable areas through no fault of the Contractor’s operations, if directed by the Engineer, per 1402.5, “Extra Work”. The Department will pay for reclamation on the basis of the following schedule: Item No. Item Unit 2215.504 Full Depth Reclamation ...................................................................................... square yard 2215.504 Stabilized Full Depth Reclamation ..................................................................... square yard 2215.507 Haul Full Depth Reclamation (LV) ........................................................................ cubic yard 2215.509 Bituminous Material for Mixture .................................................................................... ton 2215.509 Aggregate Base ............................................................................................................... ton 2215.509 Cement ............................................................................................................................ ton Division 2 – Technical Requirements DV2-11 S-6 (2360) PLANT MIXED ASPHALT PAVEMENT (LOCAL AGENCY) (MSCR) REVISED 03/05/20 SP2018-144 MnDOT 2360 is modified and/or supplemented with the following: S-6.1 Mix Designation Numbers for the bituminous mixtures on this Project are as follows: Type SP 9.5 Wearing Course Driveways SPWEA240B Type SP 9.5 Wearing Course SPWEA240B Type SP 12.5 Non Wear Course SPNWB230B S-6.2 Asphalt binder meeting AASHTO M332 (MSCR) is required. See Section S-19 (BITUMINOUS MATERIAL (MSCR)) of these Special Provisions. S-6.3 The following is added to MnDOT 2360.2.E, “Mixture Design”: E.5.c Option 3 — Production Mixture Design A production mixture design is a new mixture design developed by modifying an existing approved mixture design using plant produced material or laboratory produced material. Production Mixture Designs are allowed only when approved by the Engineer and require an interactive process with the District Materials Lab to discuss the proposed modification. Only a Level II mix designer with at least 2 years’ experience in mixture design can request a Production Mixture Design. E.5.c(1) Added Aggregate Requirements When the Production Mixture design is being requested to add a new aggregate material not part of the original mixture design the added aggregate must meet the requirements of 3139. E.5.c(2) Production Mixture Design JMF Submittal At least 2 working days before beginning asphalt production with the Option 3 mix design begin the interactive process with the District Materials Engineer and submit a proposed JMF. Option 3 mix design submittals must be signed by a Level II Quality Management mix designer. If directed by the District Materials Engineer submit an optimum asphalt content point for the proposed JMF (new design). If the Option 3 mix design is utilized for aggregate substitution submit an optimum asphalt content point when directed by the District Materials Engineer. When an optimum asphalt content point is required include documentation showing the mixture is in accordance with 2360.2.E.5.b, “Option 2 – Modified Mixture Design and meets the requirements of Table 2360-7. If test results indicate conformance with specification requirements the Department will provide a Mix Design Report consisting of the JMF. S-6.4 The first paragraph of MnDOT 2360.2.G.4.b Sampling and Testing is revised as shown below: Take QC samples at random tonnage or locations, quartered from a larger sample of mixture. Sample randomly and in accordance with the Schedule of Materials Control. Determine random numbers and tonnage or locations using the Bituminous Manual; Section 5-693.7 Table A or ASTM D 3665, Section 5, or, an Engineer approved alternate method of random number generation. Sample either behind the paver or from the truck box at the plant site. Other sampling locations can be approved by the Engineer. The Contractor must decide and notify the Engineer where samples will be taken before production begins. The Contractor and Engineer must both agree to a change of sampling location once production has begun. Sample mixture from behind the paver. Sampling from the truck box at the plant site is not allowed unless approved by the Engineer. In addition to the QC sample, the Contractor will also bring an additional split of the mixture sample to the plant site and store for the Department for 10 calendar days. The procedure for truck box sampling is on the Bituminous Office website. The Contractor will obtain at least a 130 pound sample. Split the sample in the presence of the Inspector. The Inspector will retain possession of the Agency portion of each split sample and randomly Division 2 – Technical Requirements DV2-12 submit a minimum of one sample, on a daily basis, to the District Laboratory for Verification testing (see 2360.2.G.3). Store compacted mixture specimens and loose mixture companion samples for 10 calendar days. Label these split companion samples with companion numbers. S-6.5 Table 2360-27 is replaced with the following: Table 2360-27 Surface Requirements Course/Location Description Tolerance Leveling/1st lift using automatics Tolerance also applies to 1st lift placed other than leveling when automatics are used. ½ in Wear Tolerance of final 2 lifts from the edge of a 10 foot straightedge laid parallel to or at right angles to the centerline. ¼ in Shoulder Wear, Temporary Wear & bypasses Tolerance from the edge of a 10 foot straightedge laid parallel to or at right angles to the centerline. ¼ in Transverse joints/construction joints Tolerance from the edge of a 10 foot straightedge centered longitudinally across the transverse joint. Correction by diamond grinding required unless the Engineer and the Contractor agree to a deduct of $1,500. ¼ in 20 ft. pavement section excluded from IRI and ALR testing in Table 2399-3. Tolerance from the edge of a 10 foot straightedge placed parallel to or at right angles to centerline. Corrective Works required unless both the Engineer and the Contractor agree to a deduct of $1,500 per lane. ¼ in Transverse Slope Tolerance for surface of each lift exclusive of final shoulder wear. Not to vary by more than 0.4 % from plans. Distance from edge of each lift and established centerline. No less than the plan distance or more than 3 inches greater than the plan distance. The edge alignment of the wearing lift on tangent sections and on curve sections of 3 degrees or less can’t deviate from the established alignment by more than 1 inch in any 25 foot section. See Description Final wear adjacent to concrete pavements. After compaction the final lift wear adjacent to concrete pavements must be slightly higher but not to exceed 1/4 inch than the concrete surface. See Description Final wear adjacent to fixed structures. After compaction the final lift wear adjacent to gutters, manholes, pavement headers, or other fixed structures must be slightly higher but not to exceed 1/4 inch than the surface of the structure. See Description Finished surface of each lift.* Must be free of segregated and open and torn sections and deleterious material. *Excluding tight blade and scratch courses. See Description S-6.6 The first paragraph of MnDOT 2360.3.D.1 is hereby deleted and replaced with the following: D.1 Maximum Density Compact the pavement to at least the minimum required maximum density values in accordance with Table 2360-19, “Required Minimum Lot Density (Mat)”. S-6.7 MnDOT Table 2360-20 Longitudinal Joint Density Requirement is hereby deleted. S-6.8 MnDOT 2360.3.D.1.h Mat Density Cores is hereby deleted and replaced with the following: D.1.h Mat Density Cores Obtain four cores in each lot. Take two cores from random locations as directed by the Engineer. Take the third and fourth cores, the companion cores, within 1 foot longitudinally from the first two cores. Submit the companion cores to the Engineer immediately after coring and sawing. If the random core location falls on an unsupported joint, at the time of compaction, (the edge of the mat being placed does not but t up against another Division 2 – Technical Requirements DV2-13 mat, pavement surface, etc.) cut the core with the outer edge of the core barrel 1 foot away (laterally) from the edge of the top of the mat (joint). If the random core location falls on a confined joint (edge of the mat being placed butts up against another mat, pavement surface, curb and gutter, or fixed face), cut with the outer edge of the core barrel 6 inches ± 0.5 inch from the edge of the top of the mat (ex. center of 4 inch core barrel 8 ± 0.5 inches from the edge of the top of the mat). Cores will not be taken within 1 foot of any unsupported edge. The Contractor is responsible for maintaining traffic, coring, patching the core holes, and sawing the cores to the paved lift thickness before density testing. The Engineer may require additional density lots to isolate areas affected by equipment malfunction, heavy rain, or other factors affecting normal compaction operations. S-6.9 MnDOT 2360.3.D.1.j Companion Core Testing is hereby deleted and replaced with the following: The Department will select at least one of the two companion cores per lot to test for verification. S-6.10 MnDOT 2360.3.D.1.n Longitudinal Joint Density is hereby deleted. S-6.11 MnDOT 2360.3.D.1.p Shoulders is hereby deleted. S-6.12 MnDOT 2360.3.D.1.q Table 2360-22 Payment Schedule for Maximum Mat Density is hereby modified as follows: Table 2360-22 Payment Schedule for Maximum Mat Density SP Wear and SP Shoulders (4% Void) Density, %* SP Non-Wear and SP Shoulders (3% Void), Density, %* Percent Payment > 93.6 > 94.6 100║ 93.1 – 93.5 94.1 – 94.5 100║ 92.0 – 93.0 93.0 – 94.0 100 91.0 – 91.9 92.0 – 92.9 98 90.5 – 90.9 91.5 – 91.9 95 90.0 – 90.4 91.0 – 91.4 91 89.5 – 89.9 90.5 – 90.9 85 89.0 – 89.4 90.0 – 90.4 70 < 89.0 < 90.0 † S-6.13 MnDOT Table 2360-24 Payment Schedule for Longitudinal Joint Density (SP Non-Wear and SP Shoulders, 4% Void) is hereby deleted. S-6.14 MnDOT Table 2360-25 Payment Schedule for Longitudinal Joint Density (SP Non-wear and SP Shoulders, 3% Void) is hereby deleted. S-7 (2501) PIPE CULVERTS MnDOT 2501 is hereby modified and/or supplemented with the following: S-7.1 Culverts shall be of the material listed in the plans. S-7.2 All RC pipe culverts shall have all joints tied including the aprons. S-7.3 The pay lengths will not include the length of the aprons. Aprons area paid for per EACH. Division 2 – Technical Requirements DV2-14 S-7.4 All aprons 24” and larger shall have trash guards installed. These trash guards shall be included in contract unit price of the aprons and no additional compensation shall be made. S-8 (2540) MAIL BOX AND SUPPORT This work shall consist of furnishing new Mail Box and Mail Box Supports in accordance with the applicable MnDOT Standard Specifications, plan details, and the following: S-8.1 Existing mailboxes shall be remain in place if possible. If it is necessary to remove a mailbox to complete the project as shown the existing mailbox and support shall be salvaged and placed beyond the ROW adjacent to the driveway to the resident to take if they desire. If the resident does not claim the mailbox after 2 week it shall become the property of the contractor and disposed of properly. S-8.2 All removal and replacement operations shall be done in such a manner so as to cause no interruption of mail delivery if at all possible. In no case shall the owner or resident be without a mailbox installation for more than 24 hours. S-8.3 If construction activities will hinder the mail delivery service or if the post office requires it the contractor shall provide temporary mail box(s) at location(s) acceptable to the Post Office and Engineer. No additional compensation will be made for any temporary mailboxes. It is the Contractor’s responsibility to coordinate with property owners and the local postal authority regarding any temporary mail boxes. S-8.4 It is the Contractor’s responsibility to coordinate with property owners and the local postal authority as to establishing and installing permanent mailbox location(s). S-8.5 The new mail box, attached distribution box and/or sign, if present, shall be installed on the new support. Either swing away (rural section) or fixed (in curb and gutter areas) as shown in the plan details. The new mail box locations shall match existing locations to the extent possible and still meet all location requirements. S-8.6 Measurement will be by the number of Mail Box Supports furnished and installed as specified in the Plan. Payment will be under Item 2540.602- Mail Box and Support at the Contract bid price per each, which shall include but not be limited to all items as specified above, except those that the Contract specifically designates as having been included fo r payment under separate items. S-9 (2562) ADDITIONAL TRAFFIC CONTROL DEVICES AND EXTENDED USE OF TRAFFIC CONTROL DEVICES S-9.1 DESCRIPTION This Work consists of providing additional traffic control devices as authorized by the Engineer. The Engineer is authorized to: (1) Require extra traffic control devices in addition to the traffic control devices shown in the Traffic Control Plan or in the Field Manual. (2) Require additional traffic control devices for EXTRA WORK. (3) Require extended use for all traffic control devices which are impacted by excusable and compensable delays, as defined in MnDOT 1806.2B. S-9.2 MATERIALS Devices must meet Contract requirements, quality standards detailed in the Field Manual, and be in functional and legible condition. Devices not meeting these requirements must be immediately replaced or repaired. S-9.3 CONSTRUCTION REQUIREMENTS The Contractor must furnish the additional traffic control devices as ordered by the Engineer. Division 2 – Technical Requirements DV2-15 S-9.4 METHOD OF MEASUREMENT The Engineer will measure the total compensation for Additional Traffic Control Devices and the Extended Use of Traffic Control Devices using a maximum payout allowance based on average lifespan as determined by the Department. The following devices will be paid by the UNIT DAY and have a 180 Day maximum pay out allowance: • Type A Channelizer; • Tubular Markers; • Opposing Traffic Lane Divider; • Reflectorized Drum; • Flasher Type A (Low Intensity); • Flasher Type B (High Intensity); • Flasher Type C (Steady Burn). The following devices will be paid by the UNIT DAY, SQUARE FOOT per day, LINEAR FOOT per day, or EACH per day, and have a 365 Day maximum pay out allowance: • Type I Barricade; • Type II Barricade; • Type III Barricade; • Direction Indicator Barricade; • 48”X48” Sign; • 48”X48” Sign with Supports; • Standard Sign; • Portable Sign Support; • Temporary Plastic Barrier; • Impact Attenuator. Driven post supports and all mounting hardware for 48”X48” signs and Standard Signs are included in the Traffic Control Pay Item. Standard Signs with Portable Supports will be calculated and paid for as follows: Total Standard Sign Sq. Ft. + Portable Support Cost (listed in Table 2562-1) = Standard Signs with Portable Supports Cost per day. Construction Sign-Special will be measured by the sign face area furnished, installed including supports, and removed. Flaggers and Police Officers will be measured by the number of hours each is in service on the job. The Police Officer must be properly uniformed including a reflectorized high-visibility safety vest and fully equipped including police car. S-9.5 BASIS OF PAYMENT The Department will not use the predetermined Unit Prices listed in Table 2562 -1 if payment for a device is specifically provided for elsewhere in the Contract. A Devices, Flaggers and Police Officers: The Engineer and Contractor are authorized to negotiate the terms of compensation for additional traffic control devices and extended use of traffic control devices. If the Engineer and Contractor are unable to agree on compensation using Contract Unit Prices or by negotiation, the Department will pay for traffic control devices according to the schedule of pre-determined prices in the following schedule: Division 2 – Technical Requirements DV2-16 Table 2562-1 Additional Traffic Control Devices, Flaggers and Police Officers Item Number Item Unit Pre-determined Price 2562.602 Impact Attenuator* Each $47.21 2562.603 Temporary Plastic Barrier* Linear Foot $0.32 2562.603 Portable Precast Concrete Barrier Design 8337* Linear Foot $0.06 2562.610 Flaggerǁ Hour 2562.610 Police Officer† Hour 2562.613 Type I Barricade Unit Day $0.37 2562.613 Type II Barricade Unit Day $0.34 2562.613 Type III Barricade Unit Day $1.89 2562.613 Direction Indicator Barricade Unit Day $0.49 2562.613 Flasher Type A (Low Intensity) Unit Day $0.32 2562.613 Flasher Type B (High Intensity) Unit Day $0.65 2562.613 Flasher Type C (Steady Burn) Unit Day $0.29 2562.613 Tubular Marker Unit Day $0.28 2562.613 Type A Channelizer Unit Day $0.17 2562.613 Opposing Traffic Lane Divider Unit Day $1.54 2562.613 Reflectorized Drum Unit Day $0.65 2562.613 Flashing Arrow Board Unit Day $8.43 2562.613 Portable Changeable Message Signǂ Unit Day $27.46 2562.613 Vehicle Speed Feedback Sign Unit Day $26.13 2562.613 48”X48” Sign Unit Day $.92 2562.613 48”X48” Sign with Supports Unit Day $1.49 2562.613 Roll up Sign with Support Unit Day $1.53 2562.613 Portable Sign Support Unit Day $.56 2562.618 Standard Sign* Square Foot $0.18 2562.618 Construction Sign-Special# Square Foot $47.21 * Item will be paid by the item unit per each day in use. ǁ Will be paid in accordance with MnDOT 1904.4A. † Will be paid at the invoice price plus 10%. ǂ Type C Trailer Mounted Message Sign. # Construction Sign-Special includes fabrication, installation, supports and removal as specified. Construction Sign - Special is not eligible for additional compensation due to extended use. B Labor and Equipment: The Engineer and Contractor are authorized to negotiate the terms of compensation for labor and Equipment to furnish, install and remove additional traffic control devices listed in Table 2562 -1. If the Engineer and Contractor are unable to agree on compensation by negotiation, the Department will pay for labor and Equipment according to the following mileage-based method: The Department will pay $500.00 for the first 30 miles for mobilization and installation of additional traffic control devices. The Engineer will determine mileage based on the distance from the Traffic Control Contractor’s closest office location to the Project limits (most direct route) plus mileage from the Project limits to the furthest location of the additional placement(s), round trip. The Department will pay a minimum of $500.00. Division 2 – Technical Requirements DV2-17 The Department will pay $2.40 per mile traveled over 30 miles. The Engineer will determine mileage based on the distance from the Traffic Control Contractor’s closest office location to the Project limits (most direct route) plus mileage from the Project limits to the furthest location of the additional placement(s), round trip. The Department will pay $500.00 for the first 30 miles for de-mobilization and removal of additional traffic control devices. The Engineer will determine mileage based on the distance from the Traffic Control Contractor’s closest office location to the Project limits (most direct route) plus mileage from the Project limits to the furthest location of the additional removal(s), round trip. The Department will pay a minimum of $500.00. The Department will pay $2.40 per mile traveled over 30 miles. The Engineer will determine mileage based on the distance from the Traffic Control Contractor’s closest office location to the Project limits (most direct route) plus mileage from the Project limits to the furthest location of the additional removal(s), round trip. The Department will not pay for labor and Equipment for the installation/removal of additional traffic control devices when additional traffic control Work is combined with Plan -provided traffic control devices installation/removal during the original Contract period, unless a Contract revision meets the requirements listed in MnDOT 1402.3 and the Plan does not contain Item 2563.601 (Traffic Control). The Department will not pay for labor and Equipment to inspect and maintain additional traffic control devices during the original Contract period, unless a Contract revision meets the requirements listed in MnDOT 1402.3 and the Plan does not contain Item 2563.601 (Traffic Control). The Department will pay for labor and Equipment to inspect and maintain all traffic control devices when an extension of Contract Time is due to an excusable and compensable delay in accordance with MnDOT 1806.2B. S-10 (2563) TEMPORARY TRAFFIC MANAGEMENT S-10.1 DESCRIPTION Furnish, install, maintain, and remove all traffic control devices required to provide safe movement of traffic and pedestrians through the Project at all times from commencement of the Work until Project Acceptance. Do not close streets or pedestrian facilities, except as authorized. The Engineer may modify the requirements for traffic control as deemed necessary. All temporary traffic management must conform to and be installed in accordance with: • the "Minnesota Manual on Uniform Traffic Control Devices" (MN MUTCD); • the "Minnesota Temporary Traffic Control Field Manual" (Field Manual); • the "Speed Limits in Work Zones Guidelines"; • the "Minnesota Flagging Handbook"; • the "MnDOT Standard Signs and Markings Manual"; • the Plan; • all applicable standard specifications and special provisions. Manuals listed above may be found at: http://www.dot.state.mn.us/trafficeng/publ/index.html S-10.2 MATERIALS A Temporary Signs and Devices Reflectorize all signs, paddles, and other traffic control devices including those used for daytime operations. Fabricate temporary rigid signs and devices with retroreflective sheeting material of the appropriate color listed on the Approved/Qualified Products List (APL/QPL) for either “Sheeting for Rigid Temporary Work Zone Signs, Delineators, and Markers (Type IX and XI)” or “Sheeting for Rigid Permanent Signs, Delineators, and Markers (Type IX Division 2 – Technical Requirements DV2-18 and XI)”. The sheeting materials APL/QPL is located at the following link: http://www.dot.state.mn.us/products/signing/sheeting.html. Inplace signs that still apply during temporary operations need no change in sign sheeting. B Vehicle Conspicuity Tape The Approved Products List for “Conspicuity Vehicle Sheeting (Type VII)” is found at: http://www.dot.state.mn.us/products/signing/sheeting.html C Truck/Trailer Mounted Attenuators The Approved Products List for “Mobile Crash Attenuators” is found at: http://www.dot.state.mn.us/products/temporarytrafficcontrol/mobilecrashattenuators.html Per the Memo “6” REFLECTIVE SHEETING ON WORK ZONE DRUMS” to Resident Engineers dated 5/10/17, (D) is to be used for this project. D Drum Sheeting On Projects requiring drums per MnDOT Standard Plate No. 8000J (Channelizers – Type B), provide all drums with six inch fluorescent orange and white sheeting material with no gap between sheeting layers. E Crashworthy Signs, Traffic Control Devices, and Ballast Signs and traffic control devices must meet the crash testing requirements of NCHRP 350 as specified in the MN MUTCD or the Manual for Assessing Safety Hardware (MASH). The Department may require a letter of compliance stating that all signs and traffic control devices comply with NCHRP 350 or MASH requirements. The Letter of Compliance must include drawings of the different signs and devices along with a copy of their FHWA eligibility letter. The approved ballast system for signs and devices mounted on temporary portable supports is sandbags, unless it is designed, crash tested, and approved for the specific device. Add a deicer during freezing conditions to prevent the sand from freezing. Place sandbags at the base of the sign or traffic control device. Do not use any ballast that causes a sign or traffic control device to become hazardous to motorists or workers. F Temporary Pavement Markings Any temporary pavement markings installed must follow the requirements of MnDOT 2582, “Pavement Markings” and utilize Wet Reflective (WR) materials. S-10.3 CONSTRUCTION REQUIREMENTS A Traffic Control Plan, Maintenance, and Inspection A.1 Submit a proposed traffic control plan to the Engineer for acceptance if traffic control is not present in the Plan, or if the Contractor modifies the traffic control plan. Submit the proposed traffic control plan at least seven days before implementation. If Field Manual layouts are used, specify layout number(s) but do not submit the layouts from the Field Manual. Do not implement the proposed traffic control modification until accepted by the Engineer. A.2 Immediately repair or replace all traffic control devices that become damaged, moved or destroyed, and all ballasts that are damaged, destroyed, or otherwise fail to stabilize the device. A.3 Meet the traffic control device quality standards as required in the Field Manual. Immediately replace unacceptable traffic control devices. Signs that are dirty and result in a noticeable loss of reflectivity at night are considered unacceptable and must be cleaned or replaced. Respond promptly to any call from the Engineer concerning the notification of unacceptable traffic control devices. Division 2 – Technical Requirements DV2-19 A.4 Provide the names, addresses, and phone numbers of at least three individuals responsible for placing and maintaining traffic control devices to the Engineer at the Pre-construction Conference. These individuals will be "on call" 24 hours per day, seven days per week during the times any temporary traffic control devices are in place. A.5 Inspect all traffic control devices on a daily basis, including one nighttime inspection per week. Verify that the devices are placed in accordance with the Traffic Control Plan, these Special Provisions, and the MN MUTCD. Immediately correct discrepancies between the actual placement and the required placement. Respond immediately to any call from the Engineer concerning any request for improving or correcting traffic control devices. A.6 Make a daily log of required inspections. This log must indicate the date and time any changes in the stages, phases, or portions go into effect. The log must identify the location and verify that the devices are placed as directed or corrected in accordance with the Plan. The person making the inspection must sign the log and include the date and time of the entry. Provide copies of the inspection logs on a weekly basis and at the request of the Engineer. B Traffic Control Signs and Devices B.1 Roll-up signs are not allowed unless authorized by the Engineer. B.2 Cover, modify, or remove all signs that are not consistent with traffic operations. Cover the entire sign or that part of the legend that is inappropriate. Sign covers must conform to the Typical Temporary Sign Covering Details Sheet found in the Plan or at the following link: http://www.dot.state.mn.us/trafficeng/workzone/wz- templets/pdf/layout%2020A.pdf B.3 Maintain street identification signage at all times. Signs may be installed on temporary supports if the permanent sign structures are affected by operations. This is necessary to maintain the 911 emergency system. B.4 Post mount all signs that will remain in the same location for more than 30 consecutive days as shown on the Typical Temporary Sign Framing and Installation Detail Sheet. This does not include portable signs which are set up and taken down at the beginning and end of each work shift. The detail sheet may be found in the plan or at the following link: http://www.dot.state.mn.us/trafficeng/workzone/wz-templets/pdf/layout%2020.pdf When the proper location of a sign is on pavement, do not core through the surface. If there is a conflict with underground utilities, attempt to move the sign while maintaining its visibility to traffic. If it is not possible to drive posts into the ground, mount signs on portable supports as approved by the Engineer. When signs are removed, the sign posts and stub posts must also be removed from the right of way. Posts left in place for future use or removal at a later date must be properly delineated with tubular markers, flags, or other delineation as approved by the Engineer at no additional cost. B.5 At the beginning of the Project, store at least six extra Type III barricades and ten extra retroreflective drums to be used at the Engineer’s discretion. Store the devices at a location approved by the Engineer. If the Engineer orders additional devices, beyond the quantity specified above, the Department will compensate the Contractor according to S-37 (2562 ADDITIONAL TRAFFIC CONTROL DEVICES AND EXTENDED USE OF TRAFFIC CONTROL DEVICES) of these Special Provisions. B.6 All in place signs and delineators that interfere with the Contractor's normal operation may be temporarily relocated by the Contractor at the direction of the Engineer. Store salvaged signs in such a manner as to protect the sign from scratching, fading, or other harmful effects until the signs are reinstalled. After completing work at each sign location, or at the direction of the Engineer, replace the signs as near to their original locations as possible or to a location designated by the Engineer. Reinstall sign structures according to the Type C & D Sign Structural Details Sheet located at the following link: http://www.dot.state.mn.us/trafficeng/signing/plansheets/groundmounted.pdf Division 2 – Technical Requirements DV2-20 Signs and structures damaged by the Contractor shall be replaced at the Contractor’s expense. C Traffic Safety C.1 Do not suspend material, equipment, tools or personnel over lanes or pedestrian facilities open to traffic. C.2 Protect traffic and pedestrians from excavations, drop-offs, falling objects, splatter or other potential construction hazards. C.3 Do not store materials or equipment in the clear zone unless approved by the Engineer. If materials or equipment must be stored within the clear zone, provide Type B channelizers, barricades or barriers, and place near the object to warn and protect traffic. C.4 Do not park vehicles or construction equipment in the clear zone or any location that obstructs traffic control devices. Workers are not allowed to park their private vehicles within the Project limits unless approved by the Engineer. C.5 Do not load or unload material or equipment on the shoulders of any roadway without a full shoulder closure using signs and channelizing devices shown on Layout 8 in the Field Manual. D High Visibility Apparel During night work or low light conditions, all workers must wear high visibility Class E long pants and retro-reflective headgear in addition to the ANSI Class 2 or 3 vest, shirt, or jacket. All high visibility apparel must be worn in the manner for which it was designed. All apparel worn on the torso must be closed in the front to provide 360 degree visibility. A worker’s high-visibility apparel must be removed from service and replaced if it becomes faded, worn, torn, dirty, or defaced, reducing the conspicuity of the apparel. E Night Work Night work is not permitted on this project without prior approval of the Engineer. F Vehicle Warning Light Specification All vehicles and equipment operating in the trunk highway right of way, must have operable warning lights that meet the appropriate SAE specification. The SAE specification requirements are as follows: • Optical Warning Devices for Authorized Emergency, Maintenance, and Service Vehicles- SAE Specification J845. • Directional Flashing Optical Warning Devices for Authorized Emergency, Maintenance, and Service Vehicles - SAE Specification J595. Details on SAE Specification can be found at: http://www.dot.state.mn.us/const/wzs/lighting.html G Lane Closure Requirements G.1 Temporary lane closures or other traffic restrictions by the Contractor, during work hours and consistent with the time restrictions, will be permitted only during those hours and at those locations approved by the Engineer. Request temporary lane closures at least two business days prior to closure. G.2 The Engineer may lengthen, shorten, or otherwise modify the following periods of restrictions as warranted by actual traffic conditions. Division 2 – Technical Requirements DV2-21 G.3 If the Contractor fails to adhere to the established time schedules, the Department may assess an hourly charge of $500.00 per hour for each hour or portion of an hour that the Engineer determines that the Contractor has not complied. G.4 Use Drum Channelizers in all lane closure tapers and in any shifts in traffic alignment. G.6 Temporary lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closure will be a greater than normal hazard to traffic. G.7 When working on the shoulder or median, provide a lane closure on mainline adhering to the above lane closure restrictions. H Milling, Sealcoating, and Paving Operations H.1 Schedule milling and bituminous paving operations so that milled areas will be covered with a wear course adjacent to all State and County roads within 48 hours of completion of the milling. H.2 When traffic is allowed to drive on the milled and newly paved surfaces, install interim striping and provide appropriate warning signs such as "GROOVED PAVEMENT" and "BUMP" with "Advisory Speed" plaques as shown on Layouts 35 and 66 of the Field Manual. H.3 Taper and/or chamfer any drop-off where traffic will cross from or to the inplace surface, or from or to the milled surface, so as to provide for the safe passage of traffic. H.4 Schedule construction operations to minimize traffic exposure to uneven lanes, milled edges, and edge drop-offs. If these conditions cannot be avoided, provide and maintain the appropriate traffic control in accordance with the "DROP OFF GUIDELINES" in the Field Manual. H.5 Do not mill any notches for surfacing tapers until immediately prior to paving. The Engineer may allow notches if temporary bituminous is installed and maintained to provide for the safe passage of traffic until the surfacing is completed. Constructing and milling tapers and/or chamfers is incidental. I Signal Systems I.1 Do not interfere with the operation of any traffic signal system, except as required by the Contract. Notify the Engineer at least 48 hours prior to beginning any work that will interfere with any traffic signal system or its detection system. J Maintenance and Staging of Traffic Control J.1 The Contractor shall maintain, at all times, traffic movement and local access. Traffic may be restricted to one lane with proper signing and flagging. J.2 Maintain street identification signage at all times. Signs may be installed on temporary supports if the permanent sign structures are affected by operations. This is necessary to maintain the 911 emergency system. J.3 Parking may be banned within the construction limits if approved by the Owner. Notify the City of Otsego, at least 48 hours prior to posting any parking ban within the City. Provide and install the necessary signing 24 hours prior to the parking ban. Remove signs as soon as the work in the area has been completed. J.4 The Contractor shall notify the Engineer, City of Otsego, County Sheriff Department, Local Fire Department, U.S. Post Office, and Local Bus Service(s) at least 48 hours prior to the start of any construction operation that will necessitate lane closure or internal traffic control signing. Division 2 – Technical Requirements DV2-22 J.5 The Contractor shall furnish, install, and maintain a. (3) "ROAD WORK AHEAD" and (3) "END ROAD WORK" signs at the entrances and beyond each end of the construction limits as directed by the Engineer. S-10.4 METHOD OF MEASUREMENT All traffic control required to complete the Project as shown in the Plans and specified in these Special Provisions will be made as a lump sum payment under Item 2563.601 (Traffic Control). Payment includes all costs associated with furnishing, installing, maintaining, relocating and subsequently removing traffic control devices (including flaggers) as required. No additional measurement for payment will be made for individual activities and devices that constitute Traffic Control, except for other traffic control Bid items specifically listed in the Statement of Estimated Quantities. Traffic Control layouts and devices not shown in the plan or stated in these Special Provisions, that are necessary to facilitate traffic switches or for transitioning traffic from one stage to another, are included in the lump sum traffic control item. If the Contractor requests a change in traffic control and these changes are implemented, there will be no increase or decrease in the lump sum payment for traffic control. If the Engineer orders a change in traffic control because of a Plan error, omission, changed condition or change of project scope, payment for such changes will be made as Extra Work. If the Contractor fails to properly provide, install, maintain, or remove any of the required traffic control devices, the Department may correct the deficiency and to deduct the costs from any moneys due or becoming due to the Contractor in accordance with MnDOT 1512, “Unacceptable and Unauthorized Work”. S-10.5 BASIS OF PAYMENT Partial payments for lump sum Item 2563.601 (Traffic Control) will be made as follows: Table 2563-1 Traffic Control Partial Payments Percent of Original Contract Completed Pay this Percentage of Traffic Control 5 50 10 75 50 95 All Work Completed And All Traffic Control Removed 100 S-11 (2574) PULVERIZED TOPSOIL BORROW MnDOT 2574 is modified as follows: S-11.1 Topsoil borrow shall be pulverized, clean and free of debris, have a minimum 10% organic content, and meet MnDOT 3877. S-12 (2575) ESTABLISHING TURF AND CONTROLLING EROSION (ROLLED EROSION PREVENTION PRODUCTS) REVISED 02/05/20 SP2018-244.1 MnDOT 2575 is modified as follows: Division 2 – Technical Requirements DV2-23 S-12.1 Seed Mixture 25-151, Type 1 Fertilizer (20-10-10) shall be used through the project. Hydraulic Mulch Matrix shall be used. All over spray shall be promptly cleaned by the contractor. S-12.2 Erosion Control Blanket shall only be used if initial hydraulic mulch is insufficient to hold the slops and/or ditching. The Erosion Control Blanket shall be placed at the direction of the Engineer. If needed, shall be Category 0 with no netting, stitching only. S-12.3 The area of turf establishment is estimated at the daylight line as shown on the existing conditions plans. Care shall be taken as the extent of actual required turf establishment may greatly depends on the contractor’s construction procedures. S-12.4 MnDOT 2575.2 G “Rolled Erosion Control Products” is deleted and replaced with the following: G Rolled Erosion Prevention Products ...................................................................................... 3885 S-12.5 MnDOT 2575.3.A.4, “Substitutions,” is deleted and replaced with the following: A.4 Substitutions The Engineer may allow substitutions in accordance with 1605, “Substitute Materials,” for the following materials; Plastic, Geotextile, Mulch, Rolled Erosion Prevention, and Hydraulic Erosion Control Products. The Engineer, in consultation with Office of Environmental Stewardship Erosion and Storm Water Management Unit, may authorize requested substitutions for specific locations shown in the plan. Provide substitutions equal to or better than initially specified material. S-12.6 MnDOT 2575.3.B.6, “Permanent Seeding into Temporarily Mulched/Blanketed Areas,” is deleted and replaced with the following: B.6 Permanent Seeding into Temporarily Mulched/Blanketed Areas Permanently seed areas previously temporarily mulched. Without performing additional tillage or site prep work, the Contractor may use an interseeding drill to drill seed directly into temporarily mulched or temporarily seeded areas. In lieu of using an interseeding drill, the Contractor may lightly disc the mulched areas before seeding. Apply fertilizer within 24 hours before interseeding or light disking. Leave the existing cover in place to serve as mulch. Permanently seed into areas with Rolled Erosion Prevention Products using the hydro- seeding application as described in 2575.3 B.4, “Hydro-seeding,” but with the following modification: Hydro-seed into the installed Rolled Erosion Prevention Products with the nozzle 6 ft. from installed surface cover, f orcing the seed and water through the product. S-12.7 MnDOT 2575.3.C.3, “Type 4 Mulch,” is deleted and replaced with the following: C.3 Type 4 Mulch Apply Type 4 mulch as a dual operation with the Type 1 mulch blown on the soil surface at 1 ½ tons per acre and immediately over-spray with Hydraulic Stabilized Fiber Matrix per 3884, “Hydraulic Erosion Control Products,” at 750 lbs per acre. S-12.8 MnDOT 2575.3.G, “Placing Rolled Erosion Control Products,” is deleted and replaced with the following: G Placing Rolled Erosion Prevention Products For products without a Plan defined Detail Sheet, submit Manufacturer’s Recommendations of Installation prior to any changes proposed by the contractor. G.1 Blank G.2 Temporary Rolled Erosion Prevention Products Division 2 – Technical Requirements DV2-24 G.2.a Straw and Wood Fiber Based Products Prepare the soil according to 2574, “Soil Preparation”. Place the Rolled Erosion Prevention Products within 24 hours after sowing the seed on that area. Products with netting on two sides, place the side with the majority of thread stitching on the bottom. Roll out Rolled Erosion Prevention Product flat and parallel or perpendicular to the direction of water flow. Evenly spread the Rolled Erosion Prevention Product without stretching, allowing the fibers to come in direct contact with the soil over the enti re area. Shingle and overlap the edges parallel to water flow by at least 4 in. Shingle and overlap the edges perpendicular to water flow by at least 7 in. Anchor overlaps on slopes at 1½ ft. intervals and elsewhere using types and depths defined in Tables 3885-1 and 3885-2. At the tops of slopes and at the beginning of each Rolled Erosion Prevention Product in ditch bottoms, bury the upgrade end of the blanket in a check slot 6 in wide by 6 in deep. Insert the product end to the full depth of the check slot. Backfill and compact the check slot. For slopes longer than 100 ft, dig a second check slot perpendicular to the slope gradient one-third of the slope length measured from the bottom of the slope. Place the Rolled Erosion Prevention Product to the full depth of the check slot. Backfill, and compact the check slot. Anchor Rolled Erosion Prevention Product using types and depths defined in Tables 3885 -1 and 3885-2 with the number of staples according to Table 2575-2 or manufacturer recommendations: Table 2575-2 Stapling of Blankets Slope (V:H) Minimum Number of Staples per 100 sq. yd Flatter than 1:2 120 1:2 – 1:1 170 Channel or ditch applications 350 G.2.b Extended Duration Open Weave Textile Products Place the Rolled Erosion Prevention Products concurrent with sowing of specified seed on that area. Provide overlap and anchor systems for Open Weave Textile Products as shown in the Plans, or according to manufacturer’s recommendations. G.2.c Winter Installation Place 3885, “Rolled Erosion Prevention Products,” over frozen ground and use anchors as shown in Table 3885-1 or 3885-2 for winter utilization. G.3 Permanent Rolled Erosion Prevention Products Shape and prepare the site according to 2574, “Soil Preparation”. Provide Permanent Rolled Erosion Prevention Products meeting the requirements of the Categories as shown on the Plans. G.3.a Surface Applied Products Seed as per 2575.3.G.2, “Temporary Rolled Erosion Prevention Products,” but with overlaps, shingling, and trenching according to manufacturer’s recommendations. Provide anchor type and depth shown in Table 3885-4. Fill voids in product and cover product surface using 3884.3.B.5, “Reinforced Fiber Matrix (RFM),” at the rate defined by the manufacturer. For Steep slopes, 2:1 or greater, hydraulically fill the cells of the product with a blend of seed, fertilizer and 3884.3.B.5, “Reinforced Fiber Matrix (RFM),” at a rate of 3900 lbs/ac or to complete fill the product surface and void spaces below. G.3.b Soil Filled Products Place the seed at the full seeding rate, half of the fertilizer, and soil/organic amendments. Place the Rolled Erosion Prevention Product immediately afterward. Roll out or lay the product parallel to the direction of Division 2 – Technical Requirements DV2-25 water flow. Evenly spread the product without stretching, allowing the synthetic fibers to come in direct contact with the soil over the entire area. Do not allow any voids to remain between the product and the soil surface. Bury and anchor the beginning edge of each product in a check slot 6 in wide by 6 in deep. Overlap adjacent strip edges by at least 4 in. Provide anchor type and depth shown in Table 3885 -5 and provide 3.5 anchors per sq. yd. or to manufacturer’s recommendations, whichever is greater. Fill the surface of the installed product using one of the following methods: 1) Soil-filled: Spread Sandy Clay Loam Topsoil per 3877, “Topsoil Material,” on top of the installed product at a targeted rate of 135 cu yd per acre. Apply additional seed at the full seeding rate and the other ½ of the fertilizer on top of the soil. 2) Compost-filled: spread Grade 2 Compost per 3890, “Compost,” on top of the installed product at a targeted rate of 135 cu yd per acre. Apply additional seed at the full seeding rate and the other ½ of the fertilizer on top of the compost. 3) Organic Fiber Matrix-filled: Blend additional seed at the full seeding rate and the other ½ of the fertilizer with 3884.2.B.1, “Organic Fiber Matrix (OFM),” in the hydroseeder. Do not allow the seed to remain in the hydroseeder tank mixture for more th an 1 hour. Hydraulically apply the mixture on top of the installed product at a targeted dry weight rate of 4000 lb Organic Fiber Matrix per acre. Adjust actual application rate of soil, compost, or Organic Fiber Matrix as needed to achieve a ½ in. to 1 in layer and ensure all voids on the product surface are covered and the high points of the product surface are barely visible. Use only rubber tired equipment if equipment must operate on the product. Do not allow tracked equipment or sharp turns on the product. Place Temporary Rolled Erosion Prevention Category 35 per 2575.3.G.2, “Temporary Rolled Erosion Prevention Products,” on top of the seeded topsoil, compost, or organic fiber matrix. G.4 Blank G.5 Placing Permanent Ultra High Performance Products G.5.a Category 80 Shape and prepare the site according to 2574, “Soil Preparation,” or as shown in the plan. Prepare, shape and smooth the subgrade and ensure soils are free of all rocks, stones, sticks, roots, other protrusions, or debris of any kind. The prepared smooth surface shall provide a firm unyielding foundation for the product with no sharp or abrupt changes or breaks in the grade, and contain the water flow profile. For Category 80A only, apply seed directly to the prepared soil prior to installation of the product. Furnish and install products at the locations and to the line and grade specified on the plans. Follow the standard specifications, Table 3885 -6, and manufacturer’s directions for installation, including head and side trenching, shingle overlap, and anchor spacing. G.5.b Category 90 Provide product at the thickness shown in the plans. Shape and prepare soil appropriate to the intended use. Unless otherwise specified, bury the upgrade end and sides of the product in a check slot 6 in wide by 6 in deep. Place anchoring and fastening pins following the manufacturer’s recommendations. Overlap all edges by at least 4 in and secure with anchoring or fastening pins. Apply a bonding seal agent to the seams for a water tight seal. Apply sufficient water to allow proper saturation and hydration and setting of mat and cover as per manufacture recommendations. Apply additional water 1 hour later on fabrics thicker than 0.5 inches, ditch grades greater than 2 percent, slopes greater than 1:3, and temperatures greater than 80 degrees Fahrenheit to co mplete the hydration process. Product has a working time of 1-2 hours after hydration. G.6 Blank Division 2 – Technical Requirements DV2-26 S-12.9 MnDOT 2575.3.K.2, “Rolled Erosion Control Products,” is deleted and replaced with the following: K.2 Rolled Erosion Prevention Products Maintain the product installation for 45 calendar days if required by the contract or if substituting product and seed for sod, as approved by the Engineer. Water the blankets and mat systems immediately after placement at a metered application rate of at least 3,000 gal. per acre and thereafter as needed to furnish appropriate vegetation. Control erosion and establish a permanent vegetative cover as approved by the Engineer until contr act acceptance. Restore areas with seeding failure or erosion during the maintenance period at no additional cost to the Department. S-12.10 MnDOT 2575.3.L, “Turf Establishment,” is deleted and replaced with the following: L Turf Establishment Turf Establishment by a lump sum is for establishing permanent vegetation on small areas of 2 ½ acres or less per Contract. Such work shall include soil bed preparation, fertilizer, sod or mulch, rolled erosion prevention products, seed and repair of erosion rills of 3 in. or greater in width or depth. Unless otherwise shown on the plans, establish vegetative cover by sodding or by seeding and mulching. Fertilize the areas with a Type 3, slow release fertilizer in accordance with 3881.2.B,3, “Type 3 – Slow Release Fertilizer,” at a rate derived from a topsoil fertility test. If seeding, provide and place seed Mixture 25-141 as specified in 3876, “Seed,”, and provide 3882, “Mulch Material,” Type 3 mulch with disc anchoring or Rolled Erosion Prevention Category 25 on slopes 1:3 and steeper, and ditch bottoms. The Engineer will accept the area after the perennial seed germinates, vegetation is at least 4 inches in height, and cover is uniform. If the seeding fails to germinate, correct and reseed failed areas to establish turf. If using sod, place and maintain sod in accordance with 2575.3.F, “Placing Sod,” and 2575.3.K, “Maintenance”. The Engineer will accept sod in accordance with 2575.3.N, “Acceptance of Work”. L.1 Subsurface Drain Outlets As per 2502,”Subsurface Drains,” place seed Mixture 25-141 in accordance with 3876, “Seed,” or the seed mixture as shown in the Plans. Place Rolled Erosion Prevention Category 25 or as shown in the Plans, for that area. Center the headwall along the width of the temporary product. Extend the temporary product 3 ft. above the headwall, and 6½ ft. below the headwall or to the toe of slope, whichever is the shorter distance. Place product anchors at intervals no greater than 1½ ft. apart of the type and depth defined in Table 3885-2. If placing a headwall at a location that will be sodded as required by the contract, delete the seed and Rolled Erosion Prevention product. S-12.11 Table 2575-3 is deleted and replaced with the following: Table 2575-3 Rapid Stabilization Method Materials 1 Type 1 mulch placed at a rate of 2 ton per acre with disc anchoring. 2 Type 3 mulch placed at a rate of 1.5 ton per acre. 3884, Stabilized Fiber Matrix, placed at a rate of 750 lb per acre. 3 3884, Stabilized Fiber Matrix, placed at 350 lb. per 1000 gal of slurry mix. Seed Mixture 22-111 placed at a rate of 10 lb. per 1,000 gal of slurry mix. Type 3 Slow Release Fertilizer 10-10-10 placed at a rate of 50 lb. per 1000 gal. of slurry mix. Water placed at a rate of 875 gal per 1,000 gal of slurry mix. Apply mixture at a rate of 6000 gal per acre. 4 Rolled Erosion Prevention, Category 25. (natural net) Seed Mixture 22-111 placed at a rate of 2 lb. per 100 sq. yd. Type 3 Slow Release Fertilizer 10-10-10 placed at a rate of 8 lb. per 100 sq. yd. Division 2 – Technical Requirements DV2-27 5 Rip Rap Class II. Geotextile Type III. S-12.12 MnDOT 2575.3.M.1.d, “Method 4,” is deleted and replaced with the following: M.1.d Method 4 Use Method 4 to place fertilizer, seed, and Rolled Erosion Prevention Product on a coverage area from 100 sq. yd. to 1000 sq. yd. Bury the upgrade end of each blanket strip at least 6 in. in a vertical check slot. Place anchors at seams and throughout the blanket spaced no greater than 2 ft. apart, following type and depth defined in Table 3885-2. S-12.13 MnDOT 2575.3.N.4, “Erosion Control Blankets and Turf Reinforcement Mats,” is deleted and replaced with the following: N.4 Rolled Erosion Prevention Products For contracts not requiring maintenance, the Engineer will accept products when installed in accordance to 2575.3, “Construction Requirements,” and 3885, “Rolled Erosion Prevention Products”. S-12.14 MnDOT 2575.3.O, “Restoration,” is deleted and replaced with the following: O Restoration After the Engineer accepts the turf establishment in an area, restore areas damaged by erosion and sedimentation beyond the Contractor’s control as directed by the Engineer. Scarify, grade, shape, excavate, and till to restore eroded areas and clean up sedimentation as directed by the Engineer. Shape, fill, and compact depressions and washouts resulting from erosion with suitable topsoil borrow meeting 3877, “Topsoil Material,” as approved by the Engineer. Remove deposited sedimentation as directed by the E ngineer. Spread or dispose of sediment removed as approved by the Engineer. Use seed, mulch, rolled erosion prevention products, and sod in the restoration as approved by the Engineer. S-12.15 MnDOT 2575.4.I, “Rolled Erosion Control Products,” is deleted and replaced with the following: I Rolled Erosion Prevention Products The Engineer will measure each Rolled Erosion Prevention Category separately by the square yard of area covered. The Engineer will measure Category 90 by the square yard of surface area covered and cured in place. The Engineer will measure the seed and fertilizer separately. The Engineer will measure any soil or soil amendments installed before placement of Rolled Erosion Prevention Products separately. I.1 Seams and Trenches The Engineer will not measure those portions of Rolled Erosion Prevention Products buried in trenches or check slots or covered by overlaps along seams. I.2 Blanket Checks For Blanket Checks placed according to Standard Plan 5-297.404, the Engineer will add an additional 4 feet of length, multiply by the width, and convert to square yards of blanket for each blanket check placed. I.3 Soil Filled Products The Engineer will not measure any soil, compost, or Organic Fiber Matrix applied on top of Soil Filled Products. S-12.16 The third paragraph of MnDOT 2575.4.J, “Rapid Stabilization,” is deleted and replaced with the following: Division 2 – Technical Requirements DV2-28 The Engineer will measure Method 4 rapid stabilization by the square yard of Rolled Erosion Prevention Product acceptably installed. The Engineer will measure in 25 square yard increments, with a minimum measure of 100 square yards per area measured. S-12.17 MnDOT 2575.4.L, “Flexible Concrete Geogrid Mat,” and 2575.4.M, “Concrete Fabric Mat,” are deleted and replaced with the following: L Blank M Blank S-12.18 MnDOT 2575.5 “BASIS OF PAYMENT” is supplemented with the following: F Rolled Erosion Prevention Products The Department will pay for Rolled Erosion Prevention Product by the square yard. Portions covered by overlap along the seams or buried in trenches or check slots are incidental. Portions folded over as Blanket Checks are paid for by the square yard of Rolled Erosion Prevention, Category ___. Soil, compost, or Organic Fiber Matrix applied on top of Soil Filled Products is incidental. S-12.19 MnDOT 2575.5.L “Payment Schedule” is supplemented with the following: The Department will pay for Rolled Erosion Prevention Product on the basis of the following schedule: 2575.604 Rolled Erosion Prevention, Category ___* .......................................... square yard * If maintenance applies, the Department will place the sub note, “Includes Maintenance” on the pay item shown in the summary of quantities on the plans. S-12.20 MnDOT 2575.5 M, Payment Schedule, Unit Prices: In addition to Erosion Control practices shown in the plan the Engineer may require additional items as site conditions warrant. Payment for additional items as ordered by the Engineer will be made in accordance with the following schedule: Disc anchoring ............................................................................................................................... $82.00/acre Seed Mixtures (for temporary use) 21-111 or 21-112 ........................................................................................................... $1.75/pound 21-113 ........................................................................................................................... $2.25/pound 22-111 ........................................................................................................................... $2.70/pound 32-241 (native construction) .......................................................................................... $5.00/pound 34-171 (wetland rehab.) ................................................................................................ $7.50/pound Erosion Control Blanket Category 25 ........................................................................................................... $2.00/square yard Category 30 ........................................................................................................... $2.25/square yard Category 72 .............................................................................................................. $11/square yard Rapid Stabilization Method 1 ............................................................................................................................ $500/acre Method 2 .......................................................................................................................... $1000/acre Method 3 ................................................................................................................ $726.00/M gallon Method 4 ............................................................................................................... $2.50/square yard Hydraulic Stabilized Fiber Matrix ................................................................................................. $1.90/pound Hydraulic Reinforced Fiber Matrix................................................................................................ $2.00/pound Temporary Poly (Fiber Reinforced) Covering ...................................................................... $1.10/square yard Division 2 – Technical Requirements DV2-29 Temporary Geotextile Covering .......................................................................................... $7.50/square yard Water ..................................................................................................................................... $42.00/M gallon Mowing (Hand Whip) ........................................................................................................................ $75/hour Mowing (Machine) ..................................................................................................................... $260.00/acre Weed Spraying .............................................................................................................................. $60.00/acre S-13 (3151) BITUMINOUS MATERIAL (MSCR) SP2018-254 MnDOT 3151 is modified as follows: S-13.1 Replace MnDOT 3151.2.A with the following: A Asphalt Binder Only use Performance Graded (PG) Asphalt Binder meeting the requirements of AASHTO M 332, Table 3151-1A, and the Combined State Binder Group Method of Acceptance for Asphalt Binder, available on the Asphalt Products page of the Approved/Qualified Products List. Table 3151-1A Multi Stress Creep Recovery (MSCR) Test Requirements Grade* Binder Code for 2360 Mix Design Jnr@3.2kPa, maximum %R @ 3.2kPa, min.** Jnr Difference, max*** PG 58S-28 B 4.5 N/A 75 % PG 58H-28 E 2.0 30 % 75 % PG 58V-28 H 1.0 55 % 75 % PG58E-28 0.5 75 % N/A PG58S-34 4.5 N/A 75 % PG58H-34 C 2.0 30 % 75 % PG58V-34 F 1.0 55 % 75 % PG58E-34 I 0.5 75 % N/A PG49S-34 M 4.5 N/A 75 % PG52S-34 A 4.5 N/A 75 % PG64S-22 L 4.5 N/A 75 % * LTPP Bind temperature for Minnesota is 58°C for the high PG Binder Grade temperature. The bottom three grades are special use binders and are to be tested at the high temperature indicated by the grade (example: PG 49S-34 is tested @ 49C). ** Use in place of Appendix X1 in AASHTO - M332. *** Jnr Difference is waived for “E” grade binders. Use asphalt binder supplier recommendations for mixing and compaction temperatures. ATTACHMENT 1 Notice to Bidders, Bid Rigging (Includes 1 page) Bid Rigging NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (DOT) operates the above toll- free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. ATTACHMENT 2 Notice to Bidders, Prompt Payment, (Includes 1 page) NOTICE TO BIDDERS Minnesota Statutes require prompt payment to subcontractors: Minn. Stat. § 471.425 PROMPT PAYMENT OF LOCAL GOVERNMENT BILLS. Subdivision 1.Definitions.For the purposes of this section, the following terms have the meanings here given them. . . . (d) "Municipality" means any home rule charter or statutory city, county, town, school district, political subdivision or agency of local government. "Municipality" means the Metropolitan Council or any board or agency created under chapter 473. . . . Subd. 4a.Prompt payment to subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. Minn. Stat. § 15.72 PROGRESS PAYMENTS ON PUBLIC CONTRACTS; RETAINAGE. . . . Subd. 2.Retainage.. . . (c) A contractor on a public contract for a public improvement must pay all remaining retainage to its subcontractors no later than ten days after receiving payment of retainage from the public contracting agency, unless there is a dispute about the work under a subcontract. If there is a dispute about the work under a subcontract, the contractor must pay out retainage to any subcontractor whose work is not involved in the dispute, and must provide a written statement detailing the amount and reason for the withholding to the affected subcontractor. ATTACHMENT 3 Construction Plans (Includes 54 sheets)