The URL can be used to link to this page

Home My Public Portal About152-2018 - Sanitary - WWTP - Grating and railing improvement projectsAGREEMENT THIS AGREEMENT made and entered into this Q day of P 0 V 43 �- P , 2018, and referred to as Contract No.152-2018 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, with its office at 50 North 51 Street, Richmond, Indiana, 47374 (referred to as the "City"), and Maddox Industrial Group, 5906 South Harding Street, Indianapolis, Indiana 46217 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to furnish materials and to perform services for removal and replacement of grating and railing as specified within the Wastewater Treatment Plant on the City's WWTP Grating and Railing Improvements Project (the "Project") in Richmond, Indiana. All work performed under the Agreement shall be as shown in the Project plans and specifications prepared by Donohue and Associates, subject, however, to modification by the Richmond Sanitary District. A Request for Quote, dated August 16, 2018, including any and all addendums, for the WWTP Grating and Railing Improvements Project have been made available by City for inspection by Contractor, and are on file in the office of the Department of Sanitation for City, and are attached hereto and incorporated by reference herein as Exhibit "A". The response of Contractor to said Request for Quotes, signed September 11, 2018, is attached hereto and incorporated by reference herein as Exhibit `B", consisting of eight (8) typewritten pages. Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. Contractor shall submit statements or bills monthly. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with I.C. § 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 152-2018 1 1 Page SECTION III. COMPENSATION City shall pay Contractor in an amount not to exceed Eighty -Seven Thousand Eight Hundred Twenty -Four Dollars and Zero Cents ($87,824.00), for complete and satisfactory performance of the work required hereunder. The monies to be paid to Contractor are based upon the WWTP Grating and Railing Improvements Project Price Request Form, signed on September 11, 2018 and submitted by Contractor, which is set forth in Exhibit `B", and attached with this Agreement and made a part hereof. � 1�1C�7,�\��111�:�►T[�77�s77�1►�I�1►f11 This Agreement shall become effective upon signature by both parties and shall continue in effect until the project has reached final completion, unless both parties agree to extend this Agreement by a written and signed agreement. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least thirty (30) days written notice specifying the effective date and the reasons for termination which ' shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty (30) days written notice to the other party. In the event of termination of this Agreement, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set 2 1 Page forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor 3 1 Page violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event Board determines during the course of this Agreement that this certification is no longer valid, Board shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the Board reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall .in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4 1 Page 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. . By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 5 1 Page IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" The CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners Dated: l 3 1 APPROVED: D Snow, aye Dated: "CONTRACTOR" Maddox Industrial Group Title: Project Manage 9e / Dated: ( /'.3e9v b- 6 1 Page o� PRICE REQUEST .{ o o C W OF MCHMOND Dao IB R VEND S>u I*AOND°INDIANA47374 THIS IS NOT AN ORDER PHONE (765) 983-7450.FAX (765) 962-2669 VENDOR INSTRUCTIONS This is a request for a price far the services of materials described below. Any additional specifications may be attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal.. Please complete your full name and phone number below with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to Specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: August 16, 2018 September 11, 2018 by 10:00AM UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for proposals for Grating and Railing Improvements Project. Please see attached specifications. All E-Verify requirements will apply to this quote. Please include a Certificate of Insurance and any warranty information. Pre -Quote meeting will be August 29th at IO:OOAM at Richmond Sanitary District Administration Building. Return the quote in a sealed.envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Svc Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: Grating and Railing Improvments If you have any questions please call Elijah Welch at 765-983-7483. STATE TAX EXEMPTION # 003121909-001 Richmond Sanitary District NAME OF FIRM QUOTING: AUTHORIZED BY SIGNATURE DATE PHONE NUMBER TITLE EXHIBIT'A' - Page 1 of 254 JE-Verify Requirements: Definitions: E-Verify Program — A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act -of 1996 (P.L.104-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). No performance of sei vices shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 (a) (2); and 3. A purchase order has been issued by the Purchasing Department. qq QQggqqqqqqtlQ ggQqqqq[lgqqqQqqq qq RQOQOggqqqqqqqqq QQ qqq Qqq OggqqQqqQqlq gQQOQQgq Qn QOTIIIQQI COMPLIANCE WITH INDIANA E-VERTEX PROGRAM RE' QUMEMENTS Pursuant to Indiana Code 22.5.1,7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required tp verify the work eligibility status of all newly hired employees of the contractor through the Indiana. E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of the Agreement, Contractor shall provide to the City its signed Affidavit of rmt ng that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7 (a) (2). h! the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (3 0) days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest orpublic property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. EXHIBIT'A' - Page 2 of•254 Affidavit of Employment Eligibility Verification The Contractor, , affirms under the penalties of perjury that Contractor does. not knowingly employ an unauthorized alien. If Contractor is self --employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualih.ed alien. The Contractor has not knowingly.employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled'and is participating in the E-Verify program. The Contractor will maintainthis certification throughout the duration ofthe term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this day of , 20 (signature) (printed name) EXHIBIT'N - Page 3 of 254 IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran witbin ninety (90) days after the written notice is given to the Contractor, the City may_ proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reseives the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. . EXHIBIT'A' - Page 4 of 254 July 2018 PROJECT MANUAL RICHMOND SANITARY DISTRICT WM. E. BOSS WASTEWATER TREATMENT- PLANT GRATING AND RAILING IMPROVEMENTS Richmond, Indiana 3-DDONOHUE Donohue & Associates, Inc. 101 West Ohio Street, Suite 820 Indianapolis, IN 46204 Phone: 317-267-8200 Donohue Project No.:13247-Al www.donohue-associates.com EXHIBIT'A' - Page 5 of 254 PROJECT MANUAL RICHMOND SANITARY DISTRICT WM. E. ROSS WASTEWATER TREATMENT PLANT GRATING AND RAILING IMPROVEMENTS RICHMOND, INDIANA „�n�mmdp HY J 1b` �Fip No.11400M8 Donohue & Associates ; • 101 West Ohio Street, Suite 820 STATE OF ' 4-; Indianapolis, Indiana46204 '%��o,�.�!Np�pN?`,%`=V/iOF Phone: 317-267-8200 �'"44 s1ONAt�0-N60��, Fax: 317-500-4220 Project No. 13247-A1 EXHIBIT'A' - Page 7 of 254 PROJECT MANUAL RICHMOND SANITARY DISTRICT WM. E. ROSS WASTEWATER TREATMENT PLANT GRATING AND RAILING IMPROVEMENTS RICHMOND, INDIANA TABLE OF CONTENTS OFFICIAL REQUEST FOR QUOTE...................................................................... 00100-1 INSTRUCTIONS TO BIDDERS............................................................................ 00200-1. to 00200-8 FEDERAL, STATE, AND LOCAL FORMS............................................................ 00300-1 Affidavit Regarding Nonresponsibility....................................................... 1 Page Affidavit Regarding Nepotism................................................................... 1 Page Affidavit Regarding Employment of Unauthorized Aliens ........................... 1 Page Richmond Sanitary District E-Verify Certification ........................................ 1 Page BIDDER'S PROPOSAL FORM............................................................................. 00411-1 to 00411-2 OEEFORMS...............................................................................:........................ 00429-1 to 00429-2 NOTICEOF AWARD............................................................................................. 00510-1 to 00510-2 AGREEMENT....................................................................................................... 00520-1 to 00520-8 NOTICETO PROCEED........................................................................................ 00550-1 PERFORMANCE BOND................................................................:...................... 00610-1 to 00610-2 PAYMENTBOND................:................................................................................ 00615(A)-1 to 00615(A)-3 GENERAL CONDITIONS..................................................................................... 00700-1 to 00700-62 SUPPLEMENTARY CONDITIONS:...................................................................... 00800-1 to 00800-14 SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS Section 01110 — Summary of Work .................................................... 01110-1 to 01110-3 Section 01295 — Schedule of Values .................................................. 01295-1 to 01295-2 Section 01315 — Project Meetings: ..................................................... 01315-1 to 01315-3 Section 01321 — Construction Photographs ........................................ 01321-1 to 01321-2 Section 01326 — Progress Schedule (Bar Chart Method) .................... 01326-1 to 01326-3 Section 01330 —Submittal Procedures ............................................... 01330-1 to.01330-6 Section 01520 — Construction Facilities .............................................. 01520-1 to 01520-5 Section 01575 — Environment Protection ............................................ 01575-1. to 01575-3 Donohue & Associates, Inc. - TABLE OF CONTENTS Project No. 13247-A1 EXHIBIT'N - Page 9 of 254 1 Section 01615 —Material and Equipment .................... Section 01735—Alteration and Demolition Procedures Section 01740 — Cleaning ........................................... Section 01789 — Project Record Documents ............... DIVISION 5 — METALS Section 05500 — Metal Fabrications Section 05520 — Metal Railing........ DIVISION 6 —WOOD AND PLASTICS APPENDIX Section 06525 — Fiberglass Reinforced Grating ......... 01615-1 to 01615-3 ......... 01735-1 to 01735-5 ......... 01740-1 to 01740-2 ......... 01789-1 to 01789-3 ......... 05500-1 to 05500-5 ......... 05520-1 to 05520-3 ............ 06525-1 to 06525-4 EXHIBIT'A' - Page 10 of 254 OFFICIAL REQUEST FOR QUOTE EXHIBIT'A' - Page 11 of 254 0 PRICE REQUEST z u o • �fl 'SIN' i CITY OF MCHMOND DEPARTMENT OF SANITATION 2380 LIBERTY AVENUE•RICHMOND, INDIANA 47374 PHONE (765) 983-7450-FAX (765) 962-2669 THIS IS NOT AN ORDER VENDOR INSTRUCTIONS This is a request for a price for the services of materials described below. Any additional specifications may be attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: June 18, 2018 September 11, 2018 by 10:OOAM UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for proposals for the Grating and Railing Improvements Project. Please see attached specifications. All E-Verify requirements will apply to this quote. Please include a Certificate of Insurance and any warranty information. Pre -Quote meeting will be August 29th at IO:OOAM at Richmond Sanitary District Administration Building. Return the quote in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Svc Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: Grating and Railing Improvements If you have any questions please call Elijah Welch at 765-983-7483. STATE TAX EXEMPTION # 003121909-001 Richmond Sanitary District NAME OF FIRM QUOTING: AUTHORIZED BY SIGNATURE DATE PHONE NUMBER TITLE EXHIBIT 'A' - Page 13 of 254 INSTRUCTIONS TO BIDDERS EXHIBIT'A' - Page 15 of 254 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 and where the Bidding procedures are to be administered. B. Quote -Whenever the word quote is used it shall have the same meaning as the word bid. ARTICLE 2 — COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of Bidding Documents issued by the Issuing Office, shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors, omissions, or misinterpretations resulting Form the use of incomplete sets of Bidding Documents or documents issued by some entity other than the Issuing Office. 2.02 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 Not Used ARTICLE 4 — SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNERS — SAFETY PROGRAM; OTHER WORK AT 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 the Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions 1. The Supplementary Conditions identify: a. Those drawings known to Owner of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities). 2. Copies of subsurface condition reports and drawings of physical conditions will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon which Bidder is entitled to rely as provided in 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 indicted in such drawings. B. 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. C. 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 EXHIBIT'A' - Page 17 of 254 Contract Documents and are based upon information and data furnished to Owner and Engineer by Owners of such Underground Facilities, including Owner, or others. Owner and Engineer do not assume responsibility for the accuracy or completeness thereof. D. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data, if any, furnished to prospective Bidders with respect to subsurface conditions, or other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data, if any, 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 Document 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 submission of a Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner's authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates, obtain all permits, and comply with all terms and conditions established by Owner or 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 Owner's Safety Program A. Site visits and Work at the Site may be governed by an Owner Safety Program. As the General Conditions indicate, if an Owner Safety Program exists, it will be noted in the Supplementary Conditions. 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, including any Addenda, and the other related data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough visual examination of the Site and adjacent areas, and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that have been identified in the Supplementary Conditions as containing reliable Technical Data; E. consider and correlate the information known to the Bidder information commonly known to Bidders doing business in the locality of the Site; information and observations obtained from EXHIBIT'A' - Page 18 of 254 visits to the Site; the Bidding Documents; and all additional or supplementary examinations, investigations, explorations tests, studies, and data with respect to the effect of such information, observations and documents on (1) the cost, progress and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means methods, techniques, sequences and procedures of construction expressly required by the Contract Documents; 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 that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the .Work at the price(s) Bid and within the times 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 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 and applying any specific means methods, techniques, sequences and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all Terms and Conditions for performing and furnishing the Work. ARTICLE 6 — PRE -BID CONFERENCE 6.01 A Pre -Bid Conference will be held at the time and location stated in the Request for Quote. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 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 by Engineer as having received the Bidding Documents. Questions received less than seven days prior to the date for opening for Bids may not be answered. Only question 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 as deemed advisable by Owner or Engineer. ARTICLE 8 — BID SECURITY 8.01 Not Used. EXHIBIT'A' - Page 19 of 254 ARTICLE 9 — CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and completed and ready for final payment are set forth in the Agreement. ARTICLE 10 — LIQUIDATED DAMAGES 10.01 Provisions for liquid dated damages, if any, for failure to timely attain 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 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" items of material or equipment, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 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. 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 Bidders shall submit with the Bid a list of proposed Subcontractors having a direct contract with the Contractor. 12.04 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 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. 12.05 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 Only the Bid Form included with the Bidding Documents shall be used. Bidder shall not add any conditions or qualifying statements to the Bid. 13.02 All blanks on the Bid Form shall be completed by printing in ink and the Bid signed in ink. Erasures or deletions shall be initialed in ink by person signing the Bid Form. A Bid price shall be EXHIBIT'A' - Page 20 of 254 indicated for each section, Bid item, Alternate, adjustment unit price item and unit price item listed therein. A. If the Bid Form expressly indicates that submitting pricing on a specific Alternate item is optional, and Bidder elects to not furnish pricing for such optional Alternate item, then Bidder may enter the words "No Bid" or "Not applicable". 13.03 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature) accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of Formation of the firm and the official address of the firm must be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture must be shown. 13.08 Bids that are signed by an attorney -in -fact for corporations, partnerships, limited liability companies, individuals, or joint ventures shall have attached thereto a power -of -attorney evidencing authority to sign the Bid. 13.09 All names shall be typed or printed in ink below the signatures. 13.10 The Bid shall contain an acknowledgement receipt of all Addenda; the numbers of which shall be filled in on the Bid Form. 13.11 The Bid shall contain the full name, address, telephone number, and e-mail address for communications regarding the Bid. 13.12 The Bid shall contain evidence of Bidder's authority and qualifications to do business in the state where the Project is located or covenant to obtain such qualification in writing prior to award of the Contract. Bidder's state contractor license number for the state of the Project, if any, shall also be shown on the Bid Form. 13.13 Pursuant to IC 4-13-18-5, the Bidder must submit with the Bid a written plan for a program to test the Bidder's employees for drugs in accordance with the requirements of IC 4-13-18-6. A contractor that is subject to a collective bargaining agreement that establishes an employee drug testing program shall only submit a copy of the relevant part of the collective bargaining agreement establishing the program. Failure to submit a written plan for an employee drug testing program, or relevant parts of a collective bargaining agreement establishing an employee drug testing program shall result in the Bid being rejected as nonresponsive. 13.14 Prequalification or certification — For bids greater than $300,000, the "Tier 1 Contractor" employed to perform Work on the Project and any "Tier 2 Contractors" (i.e. subcontractors) whose portion of the Work will be greater than $300,000 must be qualified in accordance with IC 5-16-13-10 before performing any Work on the Project. The Bidder shall submit qualification or certification provided by the state that it and all relevant subcontractors have been qualified under IC 4-13.6-4 or IC 8- 23-10 if the contract is estimated to be at least $300,000.00." ARTICLE 14 — BASIS OF BID 14.01 Lump Sum A. Bidders shall submit a Bid on a Lump Sum basis as set forth in the Bid Form. EXHIBIT'N -Page 21 of 254 B. Discrepancies between words and figures in the Bid Form will be resolved in favor of the words. 14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit and other expenses on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 13.02.B. of the General Conditions. 14.03 Basis of Design: A. Unless otherwise indicated, design of this Project is based upon the material and equipment named first in the list of Supplier's in a Specification section. Engineer has performed an evaluation of other listed Supplier's material and equipment and has determined it to be equal in quality, function and performance to that of the Supplier named first. When other Supplier's are listed, Contractor may be required to make modifications or adjustments, at Contractor's expense, to coordinate the installation of the furnished material and equipment with associated elements of Work, such as, but not limited to, piping and electrical connections, or support and mounting provisions. ARTICLE 15 —SUBMITTAL OF BID 15.01 An unbound copy of the Bid Form is to be completed and submitted with the Bid Security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Official Notice to Bidders and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED". 15.03 Bids received after the date and time prescribed for the opening of Bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is re -bid, that Bidder will be disqualified from further bidding the Work. ARTICLE 17 — OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Official Notice to Bidders and, unless obviously nonresponsive, 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. EXHIBIT'A' - Page 22 of 254 ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Official Notice to Bidders, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 — EVALUATION OF BIDS AND AWARD OF CONTRACT 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. The Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 19.04 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. A. In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Bidding Documents. 19.05 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. 19.06 In evaluating Bids for lowest Bid price, Owner will consider the Lump Sum Bid. Price without regard to Alternates, if any, ARTICLE 20 — CONTRACT SECURITY 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 executed Agreement to Owner, it must be accompanied by such bonds and insurance documentation. ARTICLE 21 — SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unexecuted counterparts of the Agreement with the other Contract Documents, which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required bonds and certificates or policies of insurance as required by the Supplementary Conditions. Within 10 days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to the Successful Bidder and EXHIBIT'A' - Page 23 of 254 Engineer, together with printed and electronic copies of the Contract Documents as stated in the General Conditions. ARTICLE 22 — SALES AND USE TAXES 22.01 Owner is exempt from state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph 7.09 of the Supplementary Conditions for additional information. ARTICLE 23 — WAGE RATES 23.01 Not Used. ARTICLE 24 — CONTRACTS TO BE ASSIGNED 24.01 The contract shall not be assigned to any other entity without written approval of the Owner. ARTICLE 25 — DOMESTIC CONSTRUCTION PRODUCTS 25.01 Bidders shall comply with Indiana Code 5-16-8-2, requires that steel products made in the United States be used in the performance of the work on all public works projects, including this Project, by the Contractor and all subcontractors. ARTICLE 26 — E-VERIFY CERTIFICATION 26.01 Pursuant to Indiana Code 22-5-1.7-11.1, the contractor awarded the Bid is required to enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program. The contractor who is awarded the Bid is not required to verify the work eligibility status of all its newly hired employees through the E-Verify program if the E-Verify program no longer exists. 26.02 The individual person(s) executing this Proposal, being first duly sworn, depose(s) and state(s) that the Bidder does not knowingly employ an unauthorized alien. The undersigned further affirms that, prior to entering into an agreement for this Bid, the undersigned business entity will enroll in and agrees to verify the work eligibility status of all its newly hired employees through the E-Verify program. 26.03 Pursuant to Indiana Code 22-5-1.7-11.1 the Contractor shall provide documentation that it has enrolled and is participating in the E-Verify program. Contractor is required to submit proof from the E-Verify Program that it is currently enrolled in the Program. An example of confirmation is the confirmation e-mail received from E-Verify that the Contractor has successfully enrolled in E-Verify." END OF INSTRUCTIONS TO BIDDERS EXHIBIT'A' - Page 24 of 254 FEDERAL, STATE, AND LOCAL FORMS EXHIBIT'N - Page 25 of 254 FEDERAL, STATE, AND LOCAL FORMS 1. Affidavit Regarding Nonresponsibility 2. Affidavit Regarding Nepotism 3. Affidavit Concerning Employment of Unauthorized Aliens 4. E-Verify Certification Donohue & Associates, Inc. FEDERAL, STATE, AND LOCAL FORMS Project No. 13247-A1 EXHIBIT'A' - Page 27 of 254 00300-1 AFFIDAVIT REGARDING NONRESPONSIBILITY Pursuant to Indiana Code 5-22-16.5-11, CONTRACTORS who have dealings with the government of Iran, including a successor to, or an affiliate of, the CONTRACTOR are deemed to be "Nonresponsible " for purposes of: (1) submitting an offer in response to a solicitation; (2) submitting a bid, offer, or proposal relating to a public works project; or (3) otherwise entering into or renewing a contract to provide supplies or services; with the state or a political subdivision. Pursuant to 5-22-16.5-9., the Indiana Department of Administration shall develop and update a list of persons the Department determines to be engaged in investment activities in Iran. The undersigned, on behalf of CONTRACTOR, its successors or affiliates, being first duly sworn, deposes and states that the CONTRACTOR, its successors or affiliates are not currently on the list kept by the Indiana Department of Administration, and has not engaged in any activity which will cause the CONTRACTOR, its successors or affiliates to be added to said list. Name of Contractor By: (Authorized Representative of Contractor) Dated: STATE OF ) )SS: COUNTY OF ) Before me, the undersigned a Notary Public in and for said County and State, personally appeared by , its and acknowledged the execution of the foregoing Declaration. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my Notarial Seal this day of 2018. My Commission Expires: (Printed Name) A resident of Notary Public County, Indiana EXHIBIT'A' - Page 29 of 254 AFFADAVIT REGARDING NEPOTISM CONTRACTOR is aware of the provisions under Indiana Code 36-1-21 et seq. with respect to anti -nepotism in contractual relationships with governmental entities. CONTRACTOR certifies that none of the owners of the CONTRACTOR is a relative of any elected Officials of the Richmond Sanitary District, City of Richmond, Indiana. Name of Contractor Dated: (Authorized Representative of Contractor) EXHIBIT'A' - Page 31 of 254 AFFIDAVIT CONCERNING EMPLOYMENT OF UNAUTHORIZED ALIENS I am a duly authorized officer of , (hereinafter called "Contractor") and I hereby certify that as of the date of this Affidavit, Contractor, does not employ any "unauthorized aliens" as that term is defined in 8 U.S.C. 1324a(h)(3). I AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE. Dated: , 20_ Printed Name: 8 U.S.C. 1324a(h)(3) Definition of unauthorized alien As used in this section, the term "unauthorized alien" means, with respect to the employment of an alien at a particular time, that the alien is not at that time either. (A) an alien lawfully admitted for permanent residence, or (8) authorized to be so employed by this chapter or by the Attorney General. EXHIBIT 'A' - Page 33 of 254 E-Verify Requirements: Definitions: E-Verify Prog — A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 (a) (2); and 3. A purchase order has been issued by the Purchasing Department. COMPLIANCE WITH INDIANA E-VERY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22.5.1,7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of the Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (30) days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to'be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. EXHIBIT'A' - Page 35 of 254 .A-ffidavit of Employment Eligibility Verification The Contractor, ; affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. -If Contractor is self-employed and does .not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code -22-5-1.7, Contractor has enrolled in and verifled-the work;eligibility status of all newly hired employees of the contractor through the .Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to -the -Contractor that the o subcntractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating- in the E-Verify program. The Contractor will main -Lain this cetiii cation throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this day of , 20 . (signature) (printed name) EXHIBIT'A' - Page 36 6f 254 BID FORM EXHIBIT'A' - Page 37 of 254 BIDDER'S PROPOSAL FORM TO: Richmond Sanitary District Wm. E Ross Wastewater Treatment Plant 2380 Liberty Avenue Richmond, Indiana 47374 BID FOR: Wm. E. Ross Wastewater Treatment Plant Grating and Railing Improvements BID FROM: Name: Address: Phone #: THE UNDERSIGNED: 1. Acknowledges receipt of bid documents, including the following addendum (addenda): Addendum No. Dated: 2. Has examined all bid documents. 3. Agrees to: A. Hold this bid open until calendar days after bid opening date. B. Enter into and execute an agreement with the Richmond Sanitary District, when awarded on the basis of this bid, and in connection therewith to the specifications provided. 4. BID: Contractor agrees to provide all labor, equipment, material, and supplies necessary for the Wm. E. Ross Wastewater Treatment Plant Grating and Railing Improvements Project as specified in the Bid Documents, within the time frame set forth herein, for the sum of: $ (DOLLARS) (Amount in Figures) (Amount in Words) (Amount shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) 5. Subcontractors — name and address. If none, so indicate Contractor agrees to submit the names of any other subcontractors to Owner's Representative for approval prior to the subcontractor commencing any work on the Project and contractor understands that all subcontractors must meet the insurance requirements set forth in the Contract Documents prior to commencing any work on the Project. IN TESTIMONY WHEREOF, the Bidder has hereunto set his hand this day of , 20 Business Name ILN Authorized Signatory EXHIBIT'A' - Page 39 of 254 **Attach the following items to this bid • Affidavit Regarding Nonresponsibility (Section 00300) • Affidavit Regarding Nepotism (Section 00300) • Affidavit Concerning Employment of Unauthorized Aliens (Section 00300) • E-Verify Affidavit (Section 00330) • Certification of Nonsegregated Facilities • Notice of Nondiscrimination in Employment • Written Plan for Company Drug Testing Policy (IC 4-13-18-6) • Contractor's Prequalification Certificate (IC-5-16-13-10) **Failure to return all required documents with your bid may result in rejection of the bid. EXHIBIT'A' - Page 40 of 254 OEE FORMS EXHIBIT'A' - Page 41 of 254 U.S. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term segregated facilities means any waiting rooms, work areas, rest rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or nation origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certification in his files. Signature Date Name and Title of Signer (Please type) Firm Name NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. OEE-1 (11/79) EXHIBIT'A' - Page 43 of 254 NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS NONDI SCRI M I NATI ON I N EM PLOYM ENT (Name of union or organization of workers) The undersigned currently holds contract(s) with (Name of Applicant) i nvolving funds or credit of the U.S. Government or (a) subcontract(s) with a pri me contractor holding such contract(s). You are advi sed that under the provi si ons of the above oontract(s) or subcontract(s) and i n accordance with Executive Order 11246, as amended, dated September 24, 1965, as amended, the undersigned is obliged not to d i scri mi nate agai nst any empl oyeeor applicant for employment because of race, col or, creed, or national on gi n. Thi s obl i gati on not to di scri mi nate i n empl oyment includes, but isnot limited to, the fol I owi ng: HIRING, PLACEMENT, UPGRADING, TRANSFER, OR DEMOTION, RECRUITMENT, ADVERTISING, OR SOLICITATION FOR EMPLOYMENT, TRAINING DURING EMPLOYMENT, RATES OF PAY OR OTH ER FORM S OF COM PEN SATI ON, SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION. This notice isfurnished you pursuant to the provisions of the above contract(s) or subcontract(s) and Executive Order 11246, as amended. Copies of thi s noti ce wi I I be posed by the undersigned inconspicuous places avai I abl a to empl oyees or appl i cants for empl oyment. OEE-2 (11/79) (Contractor or Subcontractor) (Date) EXHIBIT'A' - Page 45 of 254 ill [oil d Do mtol;w-lwy MA EXHIBIT'N - Page 47 of 254 DATED: TO: CONTRACT: NOTICE OF AWARD Richmond Sanitary District Wm. E. Ross Wastewater Treatment Plant Grating and Railing Improvements Richmond, Indiana You are notified that your Bid dated for the above Contract has, been considered. You are the apparent Successful Bidder and have been awarded a Contract for providing the total Work of the Contract. The Contract Price of your Contract is Dollars Three copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Additional sets of Contract Documents and Drawings will be delivered separately at a later date. You must comply with the following conditions precedent within 15 days of the date of this Notice of Award, that is by 1. Deliver to the Owner three fully executed counterparts of the Contract Documents. Each of the Contract Documents must bear your signature on the appropriate page of the Agreement. 2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders (Article 20) and General Conditions (Article 6). 3. Deliver with the executed Contract Documents the certificates of insurance (with a copy to each additional insured) which you are required to purchase and maintain in accordance with the Contract Documents as specified in the General Conditions (paragraph 2.01.13). Failure to comply with these conditions within the time specified will entitle Owner to consider your Bid in default, to annul this Notice of Award, and to declare your Bid security forfeited. EXHIBIT'A' - Page 49 of 254 Within 10 days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Richmond Sanitary District (OWNER) (AUTHORIZED SIGNATURE) (TITLE) Copy: Engineer EXHIBIT'A' - Page 50 of 254 EXHIBIT'A' - Page 51 of 254 AGREEMENT THIS AGREEMENT is by and between and (hereinafter called Owner) ereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 —WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Repair -and/or replacement of grating and/or handrail in the following structures at the Wm. E. Ross Wastewater Treatment Plant: 1. Parshall Flumes Structure 2. Old Lab Building 3. Circular Primary Clarifier No. 8 4. Circular Primary Clarifier No. 9 5. Circular Primary Clarifier No. 10 6. Circular Primary Clarifier No. 11 7. Final Clarifier Distribution Box 8. Tertiary Building ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Richmond Sanitary District Wm. E. Ross Wastewater Treatment Plan Grating and Railing Improvements Richmond, Indiana ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Donohue & Associates, Inc., who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of 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 Days to Achieve Substantial Completion and Final Payment EXHIBIT'A' - Page 53 of 254 A. The Work will be substantially completed within 154 calendar days after the date when the Contract Times commence to run as provided in Article 4 of the General Conditions, and completed and ready for final payment in accordance with Article 15 of the General Conditions within 184 calendar days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed and Milestones not achieved within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding that 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 $250 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 $250 for each day that expires after such time until the Work is completed and ready for final payment. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: (words) ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments (figures) A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment. 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. B. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including EXHIBIT'A' - Page 54 of 254 but not limited to liquidated damages, in accordance with Article 15 of the General Conditions: 1. 90% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments will be in an amount equal to 100% of the Work completed less the aggregate of previous retainage and payments previously made. At 50% completion, or any time thereafter, when the character and progress of the Work is not satisfactory, additional amounts may be retained, but in no event shall the total retainage be more than 10% of the value of the Work completed. C. Upon Substantial Completion, the amount of retainage may be reduced. Upon Substantial Completion, Owner may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be completed or corrected. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Article 15 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Article15. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due as provided in Article 15 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the 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 federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or 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. Contractor has considered and correlated the information known - to the Contractor; 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 all additional or supplementary examinations, investigations, explorations, tests, studies, and EXHIBIT'N - Page 55 of254 data 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, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the 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. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-8, inclusive); 2. Performance Bond (pages 00610-1 to 00610-2, inclusive); 3. Payment Bond (pages 00615(A)-1 to 00615(A)-3, inclusive); 4. General Conditions, not attached hereto (pages 00700-1 to 00700-65, inclusive); 5. Supplementary Conditions, not attached hereto (pages 00800-1 to 00800-14, inclusive); 6. Specifications as listed in the table of contents of the Project Manual; 7. Drawings, not attached hereto, consisting of a cover sheet and sheets numbered 1 through 16, inclusive, with each sheet bearing the following general title: Wm. E. Ross Wastewater Treatment Plant Grating and Railing Improvements; 8. Addenda, not attached hereto (numbers 1 to , inclusive); 9. Exhibits to this Agreement, not attached hereto (enumerated as follows): a. Exhibit A: Documentation submitted by Contractor prior to Notice of Award (pages_ to , inclusive); 10. State Forms; EXHIBIT'A' - Page 56 of 254 11. Documents in the Appendix; 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed; b. Change Orders; c. Work Change Directives; d. Field Orders; e. Engineer's written interpretations and clarifications. 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. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions and 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 partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. EXHIBIT'A' - Page 57 of 254 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 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. (Continued On Next Page) EXHIBIT'A' - Page 58 of 254 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: By: By: (signature) (signature) Attest (typed name and title) (signature) Address. for giving notices: If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner - Contractor Agreement. Approved as to form and execution this day of (attorney for Owner) Countersigned by: Comptroller (or other designated official) 20 Attest (typed name and title) (signature) Address for giving notices: License No. (where applicable) Agent for service of process: (If Contractor. is a corporation or a partnership, attach evidence of authority to sign.) EXHIBIT'A' - Page 59 of 254 Designated Representative: Designated Representative: Name: Title: Address: Phone: Name: Title: Address: Phone: Email: Email: EXHIBIT'A' - Page 60 of 254 NOTICE TO PROCEED EXHIBIT'N - Page 61 of 254 DATED: TO: CONTRACT: NOTICE TO PROCEED Richmond Sanitary District Wm. E. Ross Wastewater Treatment Plant Grating and Railing Improvements Richmond, Indiana Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on By that date, Contractor shall start performing its obligations under the Contract Documents. No work shall be done prior to such date, without written approval from the Owner. In accordance with the Agreement the date of Substantial Completion is and the date of readiness for final payment is Before starting any Work at the Site, Contractor must comply with the following: Richmond Sanitary District (OWNER) (AUTHORIZED SIGNATURE) (TITLE) Copy: Engineer EXHIBIT'A' - Page 63 of 254 PERFORMANCE BOND EXHISIT'A' - Page 65 of 254 EJCDC= ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): OWNER (name and address): PERFORMANCE BOND SURETY (name and address of principal place of business): 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) Contractor's Name and Corporate Seal By: Signature Print Name Surety's Name and Corporate Seal By: Signature (attach power of attorney) Print Name Title Title Attest: Attest: Signature Signature (seal) Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-630, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 EXHIBIT'A' - Page 67 of 254 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 Contractors 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 Owners 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 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 orfailure 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 EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 EXHIBIT'A' - Page 68 of 254 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: EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 EXHIBIT'A' - Page 69 of 254 PAYMENT BOND EXHIBIT'N - Page 71 of 254 EJCDC= ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): PAYMENT BOND 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 (seal) Contractor's Name and Corporate Seal By: Signature Print Name Title Attest: Signature Title Title SURETY Surety's Name and Corporate Seal By: Signature (attach power of attorney) Print Name Title Signature (seal) Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society fia "irUe�eruse�J4ft$ Seserved. 1 of 3 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. 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. 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: 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. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that.all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond, subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants, or Claim; and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described in Paragraph 13). 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Societvnf vu HI�I I € i ers. 61 ri t reserved. 2.f3 gage I� e�5s4 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. . 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 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 , 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-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 EXHIBIT'A' - Page 75 of 254 GENERAL CONDITIONS EXHIBIT'A' - Page 77 of 254 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of .the contemplated Project and the, controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by E JCDc ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and.Published Jointly by ACEC ADtERICAN COUNCIL 01: ENGINEERING CO\1PANIES M4%WCE' AMERICAN SOCIETY OF CIVIL ENGINEERS National Society of Professional Engineers® EJCDC® C-700, Standard General Conditions ofthe Construction Contract. . Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,_ and American Society of Civil Engineers. All rights reserved. EXHIBIT'A' - Page 79 of 254 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.eicdc.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. EXHIBIT'A' - Page 80 of 254 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 i EXHIBIT'A' - Page 81 of 254 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 ii EXHIBIT'A' - Page 82 of 254 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 Article12 — 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 iii EXHIBIT'A' - Page 83 of 254 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 Article18 — 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 iv EXHIBIT'A' - Page 84 of 254 18.04 Limitation of Damages......................................................................................................... 65 18.05 No Waiver ........ :................................................................................................................... 65 18.06 Survival of Obligations.........................................................................................................65 18.07 Controlling Law...................................................................................................................7 65 18.08 Headings...............................................................................................................................65 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 EXHIBIT'A' - Page 85 of 254 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 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 1 of 65 EXHIBIT'A'- Page 86 of254 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. 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 2 of 65 EXHIBIT'A' - Page 87 of 254 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. 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 3 of 65 EXHIBIT'A' - Page 88 of 254 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. 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 4 of 65 EXHIBIT'A' - Page 89 of 254 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. EJCDC® C-700, Standard General Conditions ofthe Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 EXHIBIT'A' - Page 90 of 254 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 E1CDC® 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 6 of 65 EXHIBIT'A' - Page 91 of 254 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 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 7 of 65 EXHIBIT'A' - Page 92 of 254 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, 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 8 of 65 EXHIBIT'A' - Page 93 of 254 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. 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 9 of 65 EXHIBIT'A' - Page 94 of 254 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. 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 30 of 65 EXHIBIT'A' - Page 95 of 254 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. 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. 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. 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 11 of 65 EXHIBIT'A' - Page 96 of 254 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. 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 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 12 of 65 EXHIBIT'A' - Page 97 of 254 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. 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 13 of 65 EXHIBIT'A' - Page 98 of 254 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, 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 14 of 65 EXHIBIT'A' - Page 99 of 254 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 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 15 of 65 EXHIBIT'A' - Page 100 of 254 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 5.05.6. 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. 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 16 of 65 EXHIBIT'A' - Page 101 of 254 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. EJCCC® 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 17 of 65 EXHIBIT W - Page 102 of 254 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 S. 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, rand 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 5.06.6, 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. 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 18 of 65 EXHIBIT'A' - Page 103 of 254 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 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 19 of 65 EXHIBIT'A' - Page 104 of 254 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 workers compensation states). 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 20 of 65 EXHIBIT W - Page 105 of 254 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. cla-ims 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 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 21 of 65 EXHIBIT'A' - Page 106 of 254 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. 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 22 of 65 EXHIBIT 'A' - Page 107 of 254 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). 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 23 of 65 EXHIBIT'A' - Page 108 of 254 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 otherinsured. 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. 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 24 of 65 EXHIBIT W - Page 109 of 254 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.E 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 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 25 of 65 EXHIBIT'A' - Page 110 of254 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 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 26 of 65 EXHIBIT'A' - Page 111 of 254 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. 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 27 of 65 EXHIBIT'A' - Page 112 of 254 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 7.05.13, 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 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 28 of 65 EXHIBIT'A' - Page 113 of 254 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. 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 29 of 65 EXHIBIT'A' - Page 114 of 254 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. 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 30 of 65 EXHIBIT'A' - Page 115 of 254 0. 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 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 31 of 65 EXHIBIT'A' - Page 116 of 254 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; 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 32 of 65 EXHIBIT W - Page 117 of 254 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.E 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 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 33 of 65 EXHIBIT 'A' - Page 118 of 254 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 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 34 of 65 EXHIBIT'A' - Page 119 of 254 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. EJCDCI 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 35 of 65 EXHIBIT'A' - Page 120 of 254 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. 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 36 of 65 EXHIBIT'A' - Page 121 of 254 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 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 37 of 65 EXHIBIT'A' - Page 122 of 254 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. EJCDC® C-700, Standard General Conditions ofthe Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 65 EXHIBIT'A' - Page 123 of 254 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. 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 39 of 65 EXHIBIT'A' - Page 124 of 254 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. 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 40 of 65 EXHIBIT'A' - Page 125 of 254 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 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 41 of 65 EXHIBIT'A' - Page 126 of 254 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. 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 42 of 65 EXHIBIT'A' - Page 127 of 254 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 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 43 of 65 FXHIBIT'A' - Page 128 of 254 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 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 44 of 65 FXHIBIT'A' - Page 129 of 254 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 13.01.6.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.6.3, 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 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 45 of 65 EXHIBIT'A' - Page 130 of 254 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. 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. 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 46 of 65 EXHIBIT'A' - Page 131 of 254 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 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 47 of 65 EXHIBIT'A' - Page 132 of 254 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 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 48 of 65 EXHIBIT'A' - Page 133 of 254 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 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 49 of 65 EXHIBIT'A' - Page 134 of 254 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. 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 13.01.13.1 or specifically covered by Paragraph 13.01.13.4. 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 13.01.6. 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. 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 50 of 65 EXHIBIT'A' - Page 135 of 254 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. 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 51 of 65 EXHIBIT'A' - Page 136 of 254 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 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 52 of 65 EXHIBIT'A' - Page 137 of 254 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. 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 53 of 65 EXHIBIT'A' - Page 138 of 254 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 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 54 of 65 EXHIBIT'N - Page 139 of 254 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: 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: 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. 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: 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 55 of 65 EXHIBIT'A' - Page 140 of 254 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 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 56 of 65 FXHIBIT'A' - Page 141 of 254 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; I. 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 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 57 of 65 EXHIBIT'A' - Page 142 of254 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. 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 58 of 65 FJCHIBIT'A' - Page 143 of 254 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 E1CDC® 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 59 of 65 EXHIBIT W - Page 144 of 254 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, EJCDC° C-700, Standard General Conditions ofthe Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 EXHIBIT'N - Page 145 of 254 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. 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 61 of 65 EXHIBIT'A' - Page 146 of 254 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 16.02.13 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 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds 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, EJCDC® C-700, Standard General Conditions of the Construction Contract. 11 Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 FXHIBIT 'A' - Page 147 of 254 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 16.02.13 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 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 63 of 65 EXHIBIT'A' - Page 148 of 254 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. 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 64 of 65 EXHIBIT'A' - Page 149 of 254 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. 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 65 of 65 EXHIBIT'A' - Page 150 of 254 SUPPLEMENTARY CONDITIONS EXHIBIT'A' - Page 151 of 254 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS ARTICLE PAGE NO. 1 Definitions and Terminology....................................................................... SC — 00800-1 2 Preliminary Matters.................................................................................. Sc — 00800-1 3 Contract Documents: Intent, Amending, Reuse .............................................. SC — 00800-2 4 Commencement and Progress of Work ........................................................ SC — 00800-2 5 Availability of Lands; Subsurface and Physical Conditions; Hazardous SC — 00800-3 Environmental Conditions........................................................................ 6 Bonds and Insurance.............................................................................. SC — 00800-5 7 Contractor's Responsibilities.................................................................... SC — 00800-7 8 Other Work at the Site........................................................................... Sc — 00800-9 9 Owner's Responsibilities.......................................................................... SC — 00800-10 10 Engineer's Status During Construction........................................................ SC — 00800-10 11 Amending the Contract Documents; Changes in the Work .............................. SC — 00800-11 12 Claims............................................................................................. SC — 00800-11 13 Cost of the Work; Allowances; Unit Price Work ............................................. SC — 00800-11 14 Tests and Inspections; Correction; Removal or Acceptance of Defective Work... SC — 00800-12 15 Payments to Contractor; Set -Offs; Correction Period .................................... SC — 00800-12 16 Suspension of Work and Termination.......................................................... SC - 00800-13 17 Final Resolution of Disputes...................................................................... SC — 00800-13 18 Miscellaneous........................................................................................ SC — 00800-13 EXHIBIT'A' - Page 153 of 254 SUPPLEMENTARY CONDITIONS GENERAL These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC C-700, 2013 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 — DEFINITIONS AND TERMINOLOGY SC -1.01 Delete subparagraph 1.01.A.18 in its entirety and insert the following in its place. 18. Drawings - The part of the Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by the Contractor, as defined in the Agreement. Delete subparagraph 1.01.A.47 in its entirety and insert the following in its place. 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. Add the following paragraph after paragraph 1.01.A.48.: 49. Startup - - Coordinated operation of facilities by the Contractor, Subcontractors, Suppliers, and Owner after installation and testing, are complete and operation and maintenance data has been submitted and approved. Startup is considered complete when, in the opinion of the Engineer, the facilities have properly operated for 7 continuous days without significant interruption. ARTICLE 2 — PRELIMINARY MATTERS SC — 2.01 Delete Paragraph 2.01.C. in its entirety. SC - 2.02 Delete paragraph 2.02.A. in it entirety and insert the following in its place: A. Owner shall furnish to Contractor five (5) printed or hard copies of the Project Manual and five (5) printed or hard copies of half -scale Drawings, and one copy in electronic portable document format (PDF). Additional copies will be furnished upon request at the cost of reproduction. EXHIBIT 'A' - Page 155 of 254 B. One set of Drawings in AutoCAD electronic format will be provided to the Contractor. Electronic files will be delivered upon receipt of a signed disclaimer form and signed Owner release. A disclaimer form is included in the Appendix. ARTICLE 3 —DOCUMENTS: INTENT, REQUIREMENTS, REUSE SC — 3.01 Delete Paragraph 3.01.B. in its entirety and replace it with the following: 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. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. SC — 3.03 Delete paragraph 3.03.A.3. in its entirety and replace it with the following: 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 knew or reasonably should have known thereof. SC — 3.04 Add the following subparagraph after paragraph 3.04.A: A request for written interpretation or clarification of the Contract Documents shall be submitted on the Request for Information (RFI) form provided in the Appendix of this Project Manual. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK SC - 4.01 Delete the last sentence of paragraph 4.01.A. in its entirety and insert the following in its place: In no event will the Contract Times commence to run later than the 85th day after the day of Bid opening or the 301h day after the Effective Date of the Agreement, whichever date is earlier. SC — 4.05 Delete paragraph 4.05.A in its entirety and replace with the following: A. If Owner, Engineer, or other contractors or utility owners performing work for the Owner as contemplated by Article 8, 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. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete Work within the Contract Times. Except as provided for in paragraph 17.01, Contractor shall make no Claim for damages as EXHIBIT'A' - Page 156 of 254 delay in the performance of the Work occasioned by acts or neglect by Owner or any of its representatives, including Engineer, or because or any injunction which may be brought against Owner or its representatives, including Engineer, and agrees that any such claim shall be fully compensated for by an extension of time in an amount equal to the time lost due to such delay, and that such time extension shall be Contractor's sole and exclusive remedy for such delay. Delete paragraph 4.05.G. in its entirety and replace it with the following G. Contractor must submit notification to Owner and Engineer of a potential delay which results in an adjustment in Contract Times under this paragraph within 10 days of the commencement of the delaying, disrupting, or interfering event. Add the following as paragraph immediately after paragraph 4.05. G: H. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses; or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC — 5.03 Add the following new paragraphs immediately after paragraph 5.03.B.: C. The following reports of explorations and tests of subsurface conditions at or adjacent to the Site are known to the Owner: 1. None. D. The following drawings of physical conditions relating to existing surface and subsurface structures at the site (except Underground Facilities) ,are known to the Owner: 1. None. E. The reports itemized in SC-5.03.0 are not part of the Contract Documents, but the "technical data" contained .therein upon which Contractor may rely, as expressly identified and established above, are incorporated in the Contract Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer. SC — 5.04 Delete paragraph 5.04.D.3 in its entirety and replace it with the following: 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. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. EXHIBIT'A' - Page 157 of 254 Delete paragraph 5.04.DA in its entirety and replace it with the following: 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 10 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. SC — 5.05 Delete Paragraph 5.05.E.2 in its entirety and replace it with the following: 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. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. Delete Paragraph 5.05.E.3 in its entirety and replace it with the following: 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 10 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. SC — 5.06 Delete Paragraph 5.06.G in its entirety and replace it with the following: 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 10 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Delete the last sentence of paragraph 5.06.1. in its entirety and replace it with the following: "Nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of the individual's or entity's own negligence." Add the following new paragraphs immediately after paragraph 5.06.K.: J. The following reports regarding Hazardous Environmental Conditions at the Site are known to the Owner: 1. None. K. The following drawings regarding Hazardous Environmental Conditions at the Site are known to the Owner: 1. None. EXHIBIT'A' - Page 158 of 254 ARTICLE 6 — BONDS AND INSURANCE SC — 6.01 Add the following language at the end of paragraph 6.01.D.: In addition, Owner will make no further progress payments under the Agreement until Contractor complies with the provisions of this paragraph. SC — 6.02 Delete the last sentence of paragraph 6.02.B. and replace it with the following: Surety or insurance companies shall have an A.M. Best rating of A-, VII or better. SC — 6.03 Delete subparagraph 6.03.1.3 in its entirety and replace it with the following: 2. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed to reduce coverage or limits by endorsement, or renewal refused until at least 30 days prior written notice has been given to Contractor. Within three days of receipt of such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. Immediately following paragraph 6.03.J, add the following paragraphs: K. Contractor's liability insurance shall contain an endorsement on the general liability policy that will provide full policy limits on a "per project" basis. L. 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 paragraph 6.03.A.1 and A.2 of the General Conditions: State: Statutory Federal, if applicable (e.g., Longshoreman's): Statutory Employer's Liability: Statutory 2. Commercial General Liability and related coverages under paragraph 6.03.E and 6.03.C. of the General Conditions: General Aggregate Products - Completed Operations Aggregate Personal and Advertising Injury Each Occurrence (Bodily Injury and Property Damage) $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 EXHIBIT'A' - Page 159 of 254 3. Automobile Liability and related coverages under paragraph 6.03.D of the General Conditions: Bodily Injury: Each person Each accident Property Damage: Each accident $ 1,000,000 $ 1,000,000 $ 1,000,000 4. Umbrella or excess liability and related coverages under Paragraph 6.03.E of the General Conditions: Per Occurrence General Aggregate Retention $ 1,000,000 $ 2,000,000 $ 10,000 5. Contractors Pollution Liability Insurance and related coverages under Paragraph 6.03.F. of the General Conditions: Each Occurrence $ 1,000,000 General Aggregate $ 1,000,000 Deductible $ 10,000 If box is checked, Contractor is not required to provide Contractor's Pollution Liability insurance under this Contract 6. In addition to those identified in the General Conditions, the following persons or entities shall be listed as additional insureds: a. Richmond Sanitary District b. City of Richmond, Indiana c. Donohue & Associates, Inc. SC — 6.05 Add the following subparagraph immediately following subparagraph 6.05.A.1.: a. In addition to the individuals and entities specified, include as named insureds the following: EXHIBIT'A' - Page 160 of 254 1) Richmond Sanitary District 2) City of Richmond, Indiana 3) Donohue & Associates, Inc. Delete Paragraph 6.05.A.12. in its entirety and replace it with the following: 12. include testing and Start-up. Delete Paragraph 6.05.A.13. in its entirety and replace it with the following: 13. be maintained in effect until final payment. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES SC — 7.02 Delete Paragraph 7.02.E in its entirety and replace it with the following: 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. SC - 7.03 Add the following new paragraph after paragraph 7.03.C.: D. Unless otherwise indicated, design of this Project is based upon the material and equipment named first in the list of Supplier's in a Specification section. Engineer has performed an evaluation of other listed Supplier's material and equipment and has determined it to be equal in quality, function and performance to that of the Supplier named first. When other Supplier's are listed, Contractor may be required to make modifications or adjustments, at Contractor's expense, to coordinate the installation of the furnished material and equipment with associated elements of Work, such as, but not limited to, piping and electrical connections, or support and mounting provisions. SC-7.04 Add the following as the last sentence to Paragraph 7.04.A. Where the specification or description does not contain or is not followed by words reading "or equal", other items of material or equipment or material or equipment of other suppliers may be submitted to Engineer for review under the circumstances described for "substitute" items in GC - 7.05. SC-7.05 Add the following new subparagraph immediately after paragraph 7.05.A.3.d: The application for review of a substitute shall be on the Contractor's Request For Substitution form provided in the Appendix of the Contract Documents and included with the submittal. The Installation List included with the Request shall include only installations of the proposed substitute in applications of approximately the same size and complexity, and the same design as those to be furnished for this Project. Include in the Installation List, as a EXHIBIT'N -Page 161 of 254 minimum, the owner's name, address, and telephone number; engineer's name, address and telephone number; location and name of project; installation date, startup date, and date of final acceptance by owner; and application of material or equipment. If the experience indicated by the Installation List does not demonstrate at least 5 years of successful operation of the proposed substitute item, Owner may require Contractor and Supplier to furnish, at Contractor's expense, a special performance guarantee with surety bond as required by paragraph 7.05.0 of the General Conditions with respect to the substitute. Only the time period between final approval of the proposed material or equipment on the referenced project and the Bid date for this Project will count towards the required satisfactory experience of the proposed substitute item. Engineer will be the sole judge of acceptability of experience, time credited, and whether the special performance guarantee will be required for a substitute item. Engineer will notify Contractor which proposed substitute(s) will require a special performance guarantee with surety bond. Delete Paragraph 7.05.D. in its entirety and insert the following in its place: D. Engineer's Cost Reimbursement: Contractor will not reimburse Owner for the charges of Engineer for evaluating substitutes. Contractor will reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of any substitute. Add the following new subparagraph immediately after paragraph 7.05.D.: If a substitute item of material or equipment proposed by Contractor is approved by Engineer, and the substitution requires a change in any of the Contract Documents to adapt the design to the proposed substitute, Contractor shall notify Engineer of the changes and be responsible for the costs involved to revise the design and to make modifications or changes to the construction, including the costs associated with the Work of other contractors due to such variance in design or space requirements. Engineer will prepare redesign and revisions to Drawings and other Contract Documents. Contractor shall reimburse Owner for charges of Engineer for redesign and revisions to Drawings and other Contract Documents. Reimbursement of Engineer shall be based on Engineer's direct labor costs, indirect labor costs, profit on total labor, and any direct non -labor expenses such as travel and per diem. SC — 7.08 In the last sentence of paragraph 7.08 A. delete the word "Owner" and insert the word "Contractor" in its place. SC — 7.09 Add the following new paragraphs immediately after paragraph 7.09.A.: B. Pursuant to the Indiana State Gross Retail Sales Act, all tangible personal property, which becomes a component part of the Work is exempt from Indiana General Sales Tax. This exemption applies to purchases of tangible property made by the Contractor who incorporates such property into the Work and transfers such property to the Owner in fulfillment of the Contract. Certification of exempt use shall be made in accordance with the State of Indiana. SC — 7.12 Delete Paragraph 7.12.C. in its entirety. SC — 7.15 Add the following new paragraph immediately after paragraph 7.15.A.: EXHIBIT'A' - Page 162 of 254 B. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, and Contractor cannot be reached, Owner may act to attempt to prevent threatened damage, injury, or loss. Owner will give Contractor and Engineer prompt written notice of such action and the cost of the correction or remedy shall be charged against Contractor. 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 Owner in response to such an emergency, a, Work Change Directive or Change Order will be issued. SC — 7.16 Delete Paragraph 7.16.E.3 and replace it with the following: After Engineer has approved a shop drawing or sample, Engineer will not review subsequent submittals of a different manufacturer or Supplier unless Contractor provides sufficient information to Engineer that the approved material or equipment is unavailable, or time of delivery will delay the construction progress. If Contractor requests a change of a previously approved. submittal item under one of the above conditions, 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. ARTICLE 8 - OTHER WORK AT THE SITE SC — 8.02 In paragraph 8.02.A. delete. the words "Supplementary Conditions" and insert the words "Specifications" in their place. SC-8.03 Delete paragraph 8.03.A. in its entirety and insert the following paragraph as 8.03.A: A. If, in the course of performing other work at or adjacent to the Site for Owner, 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 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. Delete paragraph 8.03.D. in its entirety and insert the following paragraph as 8.03.D 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 cf 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, the Contractor (without involving Owner, Engineer, or construction coordinator) 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, EXHIBIT'A' - Page 163 of 254 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 — OWNERS RESPONSIBILITIES SC — 9.13 Add the following new paragraph immediately after paragraph 9.12: 9.13 Site Representative A. Owner will furnish a Site Representative, assistants, and other field staff to observe performance of the Work. The duties and responsibilities of Owner's Site Representative are described as follows: 1. Become familiar with the Contract Documents to observe the progress and quality of the executed Work, and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. 2. Promptly forward to Engineer, reports from Contractor indicating conflict, error or discrepancy in the Contract Documents to enable Engineer to issue a written clarification or interpretation as provided for in paragraph 10.07 of the General Conditions. 3. Provide Engineer with copy of Site Representatives' daily log. ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION Delete Paragraph 10.03.A. in its entirety and insert the following in its place: A. Owner will provide a Site Representative whose responsibilities and duties are described in SC - 9.13. SC - 10.09 Add the following new paragraph immediately after Paragraph 10.09.A.: B. In the event Engineer determines that Contractor's safety plans, programs, and procedures do not provide adequate protection for Engineer, Engineer may direct its employees to leave the Site or implement additional safeguards for Engineer's protection. If taken, these actions will be in furtherance of Engineer's responsibility to its own employees only, and Engineer will not assume any responsibility for protection of any other persons affected by the Work. In the event Engineer observes situations which appear to have potential for immediate and serious injury to persons, Engineer may warn the persons who appear to be affected by such situations. Such warnings, if issued, shall be given based on general humanitarian concerns, and Engineer will not, by the issuance of any such warning, assume any responsibility to issue future warnings or any general responsibility for protection of persons affected by the Work. EXHIBIT'A' - Page 164 of 254 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK SC —11.04 Delete paragraph 11.04.13.2. in its entirety and insert the following in its place: 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum which includes an allowance for overhead and profit in accordance with Paragraph 11.04.C.2; or Sc —11.05 Add the following new paragraph immediately after paragraph 11.05.B.: C. Time extensions provided under paragraph 4.05 of. the General Conditions will only be allowed for controlling items of Work (critical path). SC — 11.06 Amend the first sentence or paragraph 11.06.A.1 by striking out the words "30 days' and inserting the words "10 days" in their place. SC-11.07 Delete paragraph 11.07.B in its entirety and replace with the following: B. If Contractor refuses to execute a Change Order that is required to be executed under the terms of the Paragraph 11.07.A.2, it shall be deemed to be of full force and effect, as if fully executed. Add the following new paragraph immediately after subparagraph 11.07. B.: C. Change Orders will be prepared on the form included in the Appendix of this Project Manual. ARTICLE 12 — CLAIMS SC —12.01 Amend the first sentence or paragraph 12.01.E by striking out both instances of the words "30 days" and inserting the words 10 days" in their place. ARTICLE 13 — COST OF WORK; ALLOWANCES; UNIT PRICE WORK SC —13.03 Delete Paragraph 13.03.E. in its entirety and insert the following in its place: E. Within 30 days of Engineer's written decision under the preceding paragraph, the unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. if the total cost of a particular item of Unit Price Work amounts to 5% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25% 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 EXHIBIT'A' - Page 165 of 254 3. if Contractor believes that Contractor has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Article 12 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. ARTICLE 14 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC —14.05 Delete Subparagraph 14.05.C.2. in its entirety and insert the following in its place: 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 10 days of the determination that the Work is not defective. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD Sc —15.01 Amend the first sentence of subparagraph 15.01.6.1. by striking out the words "20 days" and inserting the words "30 days" in their place. Amend the first sentence of paragraph 15.01.D.1. by striking out the words "Ten days" and inserting the words "Twenty days" in their place. SC —15.03 Add the following new subparagraph immediately after paragraph 15.03.A.: 1. Contractor's request for issuance of a Certificate of Substantial Completion shall occur after Contractor has, in the opinion of the Engineer, satisfactorily delivered all guarantees, certificates of installation services, certificates of instructional services, a complete set of marked up Drawings as specified in Division 1, General Requirements, and other documents. Add the following to the end of paragraph 15.03.F. "The Contractor shall provide a listing of its property that it wishes to remove from the site and obtain Owner's approval before the property is removed. Only property approved by the Owner can be removed from the site. The Contractor shall schedule the removal of the property with the Owner, and shall obtain permission from the Owner to access the site. The Owner has the right to monitor the removal of the property." SC —15.06 Add the following new subparagraph immediately after paragraph 15.06.D..: EXHIBIT'A' - Page 166 of 254 1. In addition to the liquidated damages set forth in the Agreement, Contractor shall be liable for all additional costs for Engineer's services beyond Substantial and Final Completion dates. Owner will deduct these costs from any monies due or that may become due Contractor or Surety and pay Engineer for said services. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION SC —16.01 Amend paragraph 16.01.A. by striking out the words "30 days" in and inserting the words "ten days" in their place. SC -16.02 Add the following to end of paragraph 16.02.D. "within no more than 30 days of receipt of said notice." SCA 6.04 Amend paragraphs 16.04.A. and 16.04.B. by striking out the words "30 days" in four places and inserting the words "60 days" in their place and by striking out the words "seven days" in two places and inserting the words "ten days" in their place. ARTICLE 17 — FINAL RESOLUTION OF DISPUTES Delete paragraph 17.01.13. in its entirety and insert the following in its place: B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. agree with the other party to submit the dispute to another dispute resolution process. 2. give written notice of intent to the other party to submit the dispute to a court of competent jurisdiction, or C. Notwithstanding any applicable statute of limitations, a party giving notice under paragraph 17.01.E shall commence an action on the Claim within one year of giving such notice. Failure to do so shall result in the Claim being time -barred and the action or denial shall become final and binding. ARTICLE 18 — MISCELLANEOUS SC —18.01 Delete Paragraph 18.01.A. in its entirety and revise it to read the following: A. Whenever any provision of the Contract Documents requires the giving of written notice or the delivery of any Bond, Agreement, Certificate of Insurance or any other item, 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. EXHIBIT'A' - Page 167 of 254 SC —18.09 Add the following new paragraph immediately after paragraph 18.08: 18.09 Lien Waivers: A. Owner may at any time require Contractor to furnish lien waivers for labor and materials covered by specified Applications for Payment. END OF SUPPLEMENTARY CONDITIONS EXHIBIT'A' - Page 168 of 254 SPECIFICATIONS EXHIBIT'N - Page 169 of 254 DIVISION 1 GENERAL REQUIREMENTS EXHIBIT'A' - Page 171 of 254 SECTION 01110 SUMMARY OF WORK PART 1 —GENERAL 1.01 SUMMARY A. The Work of this Contract is generally described as repair and/or replacement of grating and/or handrail in the following structures at the Wm. E. Ross Wastewater Treatment Plant: 1. Parshall Flumes Structure 2. Primary Building 3. Circular Primary Clarifier No. 8 . 4. Circular Primary Clarifier No. 9 5. Circular Primary Clarifier No. 10 6. Circular Primary Clarifier No. 11 7. Final Clarifier Distribution Box 8. Tertiary Building 1.02 WORK SEQUENCE A. Construct Work in accordance with following requirements and to accommodate operation of existing facilities during construction period. Coordinate construction progress schedule and operations with Engineer and Owner. Owner reserves right to place facilities taken out of service by Contractor back into service on emergency basis upon notification to Contractor. B. Bypassing of untreated or partially treated sewage to surface water of drainage courses is strictly prohibited during construction. In the event accidentally bypassing is caused by the Contractor's operations, the Owner shall immediately be entitled to employ others, at the Contractor's expense, to stop the bypassing without giving written notice to the Contractor. C. Penalties imposed on the Owner as a result of any bypass caused by the actions of the Contractor, his employees, or subcontractors, shall be borne in full by the Contractor, including legal fees and other expenses to the Owner resulting directly or indirectly from the bypass. D. Draining, Cleaning, and Dewatering of Tanks, Channels, Conduits and Piping 1. Unless specified otherwise, draining, cleaning, and dewatering of. tanks, channels, conduits, piping, and other facilities and proper disposal of removed solids shall be performed by Contractor as required to complete Work. 2. Unless specified otherwise, Owner will not drain, clean, and dewater facilities to enable Contractor to complete Work. 3. Owner will drain Aeration Tanks. When tanks are made available to Contractor, not more than 1 foot of water will remain in tanks at the sidewall. Sludge, scum, grit, debris, and other material will remain on tank walls and floors and on existing air diffusion system. Contractor shall clean and remove remaining material, and maintain dewatering of the. tanks as required to complete Work. 4. Contractor shall maintain facilities clean and dry as required to complete Work, including control and temporary pumping of leakage from isolation facilities and water resulting from precipitation. 5. Unless specified otherwise, the Contractor shall pump draining, cleaning, and dewatering material to a location as directed by the Engineer. EXHIBIT'A' - Page 173 of 254 E. Wastewater flow through all plant treatment processes must be maintained at all times except as specified below. Contractor shall plan, schedule, and coordinate Work such that degree of wastewater treatment by plant during construction shall be equal to or exceed degree of wastewater treatment by plant prior to construction. Flow rates up to 36 million gallons per day may occur. Normal flow rates ranges from 5 to 9 million gallons per day. F. Flow through plant may be partially effected as shown below: 1. 120 — Parshall Flume Structure: 2. 200 — Primary Building: No interruptions planned. 3. 240 — Circular Primary Clarifiers: Maximum of one clarifier may be taken out of service at a time. Maximum outage is 30 calendar days. 4. 500 — Final Clarifier Distribution Box: No interruptions planned. 5. 600 — Tertiary Building: No interruptions planned. 6. Contractor shall schedule interruptions. 7. Interruptions shall not be made without Owner's permission. 1.03 CONTRACTOR'S USE OF PREMISES A. Conduct operations to ensure least inconvenience to Owner and operation of existing facility. Cooperate with Owner during construction operations to minimize conflict and to facilitate Owner's operations. B. When keys to locked areas are needed to provide access to areas to perform Work, obtain from Owner. Return keys at end of day's Work. C. Employees of Contractor and Subcontractors involved in Work shall wear identifying button or badge when working in facilities occupied by Owner. D. Due to potential health hazards and requirements of the Indiana Department of Environmental Management and U.S. EPA, existing wastewater treatment facilities must be maintained in operation during the construction of the new facility. Degree of treatment during construction shall be equal to or exceed efficiency of the facility before construction started. E. Contractor shall discuss and coordinate with Owner and Engineer prior to removing equipment from service in order to complete Work. Owner will, at Owner's discretion, request equipment to be placed back into service if out of service equipment will cause adverse effects on plant operation. F. Obtain and pay for use of additional storage or Work areas needed for operations at no additional cost to Owner. 1.04 OWNER OCCUPANCY OF PREMISES A. Owner will occupy site and existing facilities during entire construction period for conduct of normal operations. B. Owner reserves right to partially occupy and to place and install equipment in completed areas of facilities, prior to Substantial Completion, provided that such occupancy does not interfere with completion of Work. Such placing of equipment and partial occupancy shall not constitute acceptance of the Work. C. Partial occupancy shall conform to requirements of General Conditions. SUMMARY OF WORK Donohue & Associates, Inc. 01110-2 EXHIBIT'A' - Page 174 of 254 Project No. 13247-A1 PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) END OF SECTION EXHIBIT'N —Page 175 of254 SECTION 01295 SCHEDULE OF VALUES PART 1 - GENERAL 1.01 SUMMARY A. Provide a detailed breakdown of the Contract Price showing amounts and quantities allocated to each of the various parts of the Work, as specified herein and as required by General Conditions. B. Upon request of Engineer, support amounts and quantities with data substantiating their correctness. 1.02 FORM AND CONTENT OF SCHEDULE OF VALUES A. Schedule shall be typed on 8-1/2-in. by 11-in. white paper. Contractor's standard forms and automated printout will be considered for approval by Engineer upon request. Include following: 1. Project title. 2. Project location. 3. Owner. 4. Engineer. 5. Engineer's project number. 6. Name and address of Contractor. 7. Contract designation. 8. Date. B. Identify installed value of Work in sufficient detail to serve as basis for computing values for progress payments during construction. C. Provide a separate listing of general items, such as bonds, insurance, mobilization, field supervision, construction facilities, allowances, and record documents. D. Follow Project Manual table of contents as format for listing component items. At a minimum, listing shall include material cost and total installed cost for each Specification Section for each structure as listed in this Section. 1. Identify each line item with number and title of respective Specification Division and Section. 2. Include directly proportional amount of Contractor's overhead and profit. 3. For items on which progress payments will be requested for stored materials, break down value into: a. Cost of materials, delivered and unloaded. b. Total installed value. E. Provide listing of items for sitework and for each structure as follows: 1. Contractor's Overhead. a. Bonds and Insurance b. Mobilization c. Office Support EXHIBIT'A' - Page 177 of 254 d. Field Supervision e. Demobilization 2. Parshall Flumes Structure 3. Primary Building 4. Circular Primary Clarifier No. 8 through No. 11 5. Final Clarifier Distribution Box 6. Tertiary Building F. Sum of values listed shall equal total Contract Price. G. Provide additional breakdown as required by Engineer. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION EXHIBIT'A' - Page 178 of 254 SECTION 01315 PROJECT MEETINGS PART 1 - GENERAL 1.01 SUMMARY A. Engineer will conduct preconstruction conference in accordance with the General Conditions and this Section. B. To enable orderly review during progress of the Work, and to provide for systematic discus- sion of problems, the Contractor shall conduct progress meetings, construction foreman's meetings, and specially called meetings throughout the construction period. Owner and Engineer may attend meetings. Contractor shall: 1. Prepare agenda. 2. Distribute written notice of specially called meetings a minimum of 1 working day in advance of the meeting date. Notice by electronic mail is acceptable. 3. Make physical arrangements for meetings. 4. Preside at meetings. 5. Record meeting minutes. 6. Prepare formal minutes within 3 working days after meeting and distribute electronic. copies to: a. Meeting participants. b. Affected parties. c. Engineer and Owner 1.02 QUALIFICATIONS A. Representatives of Contractor, Subcontractors, and Suppliers attending the meetings shall be authorized to act on behalf of entity each represents. B. Revisions to Minutes: 1. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting; they will be accepted as properly stating the activities and decisions of the meeting. 2. Challenge to the minutes shall be settled at the regularly scheduled meeting. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION 3.01 PRECONSTRUCTION CONFERENCE A. Location: To be selected by Owner. B. Attendance: 1. Contractor's Project Manager. 2. Contractor's Resident Superintendent. 3. Contractor's "hands-on" person designated to submit Shop Drawings to Engineer. EXHIBIT 'A' - Page 179 of 254 4. Subcontractors' or Suppliers' representatives Contractor may desire to invite or Engineer may request. 5. Owner's representatives. 6. Engineer's representatives. 7. Local utility representatives, if applicable. C. Agenda: 1. Organizational arrangement of Owner's and Engineer's forces. 2. Organizational arrangement of Contractor's, Subcontractors', and material and equipment Suppliers' forces. 3. Contract Documents, including distribution of required copies. 4. Project safety. 5. Preliminary Construction Progress Schedule. 6. Check of required bonds and insurance. 7. Liquidated damages. 8. Preliminary schedule of Shop Drawing submissions. 9. Procedures for handling submittals. 10. O & M submittals. 11. Channels and procedures for communications, correspondence, and project coordination. 12. Weekly and monthly meetings. 13. Equal opportunity requirements. 14. Laboratory and field testing requirements. 15. Provisions for inventory of material stored on -site or off -site. 16. Schedule of values. 17. Application for progress payments. 18. Field Order and Change Order procedures. 19. Project Record Documents. 20. Posting of required signs and notices. 21. Other business. 3.02 MONTHLY PROGRESS MEETINGS A. Schedule monthly meetings. B. Location: Contractor's field office. C. Attendance: 1. Contractor's Project Manager. 2. Contractor's Resident Superintendent. 3. Affected Subcontractors. D. Suggested Agenda: 1. Review of minutes of previous meeting. 2. Review of Work progress since previous meeting. 3. Project safety concerns. 4. Field observations, problems, conflicts. 5. Problems impeding Construction Progress Schedule. 6. Review of off -site fabrication, delivery schedules. 7. Corrective measures and procedures to regain conformance with Construction Progress Schedule. 8. Revisions to Construction Progress Schedule. 9. Issues raised by Owner and Engineer. EXHIBIT'A' - Page 180 of254 10. Proposed progress and schedule for succeeding Work period. 11. Coordination of schedules. 12. Review and update of submittal schedule. 13. Maintenance of quality standards. 14. Pending changes and Substitutions. 15. Effect of proposed changes on Construction Progress schedule. 16. Review of Project Record Documents. 17. Other business. E. Agenda containing specific subjects to be discussed shall be provided to each attendee and to the Owner and Engineer at least 5 working days before the meeting. 3.03 CONSTRUCTION FOREMAN'S MEETING A. Schedule weekly. B. Location: Contractor's field office. C. Attendance: 1. Resident Superintendent. 2. Subcontractors' foremen. D. Suggested Agenda: 1. Review of Work progress since previous meeting. 2. Proposed progress and schedule for succeeding Work period. 3. Field observations, problems, conflicts. 4. Problems that affect Construction Progress Schedule. END OF SECTION EXHIBIT'A'- Page 181 of254 SECTION 01321 CONSTRUCTION PHOTOGRAPHS PART 1 - GENERAL 1.01 SUMMARY A. Provide digital -format photographs taken at the specified stages during construction, and in accordance with provisions of this Section. B. Provide color video of existing facilities taken before commencement of construction. 1.02 SUBMITTALS A. .Submit digital photographs on electronic media acceptable to the Engineer. Digital photographs shall be common retrievable format as specified by Engineer during Preconstruction Conference. Submit with each application for payment. B. Submit color video of existing facilities using electronic media and format acceptable to the Engineer. Submit prior to commencement of construction. PART 2-PRODUCTS 2.01 PHOTOGRAPHS A. Provide color prints: 1. Electronic files shall be in JPG, TIFF, or other commonly used format. Files shall be named to adequately describe the photo without the need to open the file. B. Submit electronic file or hard copy with photographs indicating: 1. Project name. 2. Engineer's project number. 3. Orientation of view. 4. Date and time of photograph. 5. Photograph number. 6. Contractor's name and address. C. Submit DVD-ROM in jewel case labeled with the appropriate information shown under paragraph 2.01 B. above. PART 3 - EXECUTION 3.01 PHOTOGRAPHIC REQUIREMENTS A. Take photographs at each major stage of construction. 1. Before commencement of construction. 2. Stairs, grating, building modifications and structural supports. 3. At monthly intervals during construction of facilities. Photographs need show only new Work for that month. B. Make each photograph clear, in focus, with high resolution and sharpness, and with minimum distortion. EXHIBIT'A' - Page 183 of 254 3.02 VIEWS A. Make photographs from three separate locations around Work and for each major structure. B. Select locations to provide diversified overall views of Work, from positions that are expected to remain accessible throughout progress of Work. Locations shall adequately illustrate condition of construction and state of Project. C. When directed by Engineer, because of stage of construction, change one or more locations to new locations inside or outside structure. END OF SECTION EXHIBIT'A' - Page 184 of 254 SECTION 01326 PROGRESS SCHEDULE (BAR CHART METHOD) PART 1 —GENERAL 1.01 SUMMARY A. Submit preliminary Progress Schedule in accordance with General Conditions. 1.02 SUBMITTALS A. Three days before the conference to discuss schedules, furnish 4 copies of preliminary schedule, and subsequent revisions thereof, to Engineer and Owner for review. B. Three days prior to monthly Project Meetings as required by Section 01315, furnish 4 copies of proposed revised schedule to Owner and Engineer. Furnish revised schedule to Subcontractors as appropriate. C. Failure to submit schedules on a timely basis shall be considered cause for withholding progress payments. 1.03 WORKING HOURS A. Comply with requirements of General Conditions. B. No Work shall be done between 6:00 p.m. and 7:00 a.m., nor on Saturdays, Sundays or legal holidays without written permission of Owner. Emergency work may be done without prior permission. C. Such permission may be revoked at any time by Owner if Contractor fails to maintain. adequate equipment and supervision for proper prosecution and control of Work. Revocation shall not entitle Contractor to change in Contract Price or Contract Time. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION 3.01 FORM OF SCHEDULE A. Prepare schedule in form of horizontal bar chart. 1. Provide separate horizontal bar for each trade, activity or operation. 2. Provide continuous vertical line to identify first working day of each week. 3. Scale and space to allow for notations and future revisions. B. Format of Listings: Chronological order of start of each activity or operation. 3.02 CONTENT OF SCHEDULE A. Show complete sequence of construction by activity or operation. Donohue & Associates, Inc. PROGRESS SCHEDULE Project No. 13247-Al EXHiBiT'A' - Page 185 of 254 01326-1 B. Show dates for beginning and completion of each major element of construction and installation dates for major equipment items. Include: a. Each individual task of construction. b. Procurement of equipment and systems including Shop Drawing submittals, Engineer's review of submittals, shop tests, and delivery dates. c. Identification of Work that will affect existing plant operations. d. Services of manufactures' representatives. e. Startup dates for major equipment. f. Field tests. g. Dates of Substantial and Final completion. h. Subcontractor Work items. i. Allowance for inclement weather. j. MBE, WBE, and SBE activities. k. O&M data activities. I. Contractor -provided training. C. Show projected percentage of completion for each activity as of first day of each month. 3.03 REVISIONS TO SCHEDULE A. Each month Contractor shall receive update information from Subcontractors and Suppliers which shall be included in current schedule. Revised schedule shall indicate changes such as: 1. Major changes in scope. 2. Activities modified since previous submittal. 3. Revised projections of progress and completion. 4. Other identifiable changes. B. Provide narrative report to define following: 1. Problem area and anticipated delays and their impact on schedule. 2. Corrective action recommended and its effect. 3.04 MONTHLY PROGRESS MEETINGS A. Once each month, in accordance with Section 01315, Progress Schedule will be reviewed. Progress will be reviewed: 1. To identify those activities started and completed during previous period. 2. For remaining duration required to complete each activity started, but not completed. 3. For durations of selected activities not yet started. 4. For effect of Change Orders and proposed sequencing. B. Update schedule accordingly. 3.05 DELAYS AND RECOVERY A. If, at any time during the Project, Contractor fails to complete activity by its latest scheduled completion date, Contractor shall, within 5 working days, submit to Engineer written statement as to how and when work force will be reorganized to return to current Progress Schedule. B. If, during schedule review meetings, it becomes apparent that milestone completion dates or times established in Section 01110 or Contract completion dates will not be met due to a PROGRESS SCHEDULE Donohue & Associates, Inc. 01326-2 EXHIBIT'A' - Page 186 of 254 Project No. 13247-A1 delay, disruption, or interference caused by or within the control of Contractor, Contractor shall take some or all of the following actions: 1. Increase construction staffing in such quantities and crafts as shall eliminate backlog of Work. 2. Increase number of working hours per shift, shifts per day, Work days per week, amount of construction equipment or combination of foregoing sufficient to substantially eliminate backlog of Work. 3. Reschedule Work actives to achieve concurrency of accomplishment. C. Under no circumstances will addition of equipment. or construction forces, increasing working hours or other method, manner or procedure to return to current Progress Schedule be considered justification for Contract modification or treated as acceleration. END OF SECTION Donohue & Associates, Inc. PROGRESS SCHEDULE Project No. 13247-A1 EXHIBIT'A' - Page 187 of 254 01326-3 SECTION 01330 SUBMITTAL PROCEDURES PART 1 —GENERAL 1.01 SUMMARY A. Requirements for Work -related (non -administrative) submittals including Substitutes and "Or - Equal" items, Shop Drawings, product data, Samples, test results, operating and maintenance data, and other miscellaneous Work -related submittals. 1. Submittals for record drawings are specified in Section 01789. B. Administrative Submittals: Procedures concerning items such as listing of manufacturers, Suppliers, Subcontractors, Progress Schedule, bonds, payment applications, insurance certificates, Schedule of Values, and photographs are specified elsewhere. C. Work —Related Submittals: 1. Substitute and "Or -Equal" Items: a. Includes material or equipment described in Paragraph 7.03 of General Conditions, Article 7 of the Supplementary Conditions, and Section 01615 which Contractor requests Engineer to accept, after Effective Date of the Agreement. 2. Shop Drawings: a. As defined in Paragraph 1.01.A.36 of the General Conditions, and in particular includes technical data and drawings specifically prepared for this Project, including fabrication and installation drawings, diagrams, data sheets, schedules, templates, patterns, reports, instructions, design mix formulas, measurements, and similar information not in standard printed form. 3. Product Data: a. Includes standard catalog type printed information on manufactured materials, equipment and systems that has not .been specifically prepared for this Project, including manufactures' product specifications, catalog cut sheets, standard wiring diagrams, printed performance curves, mill reports, and standard color charts. 4. Samples: As defined in Paragraph 1.01.A.33 of the General Conditions, and in particular includes fabricated and manufactured physical examples of materials, products, and units of Work, including complete units, partial cuts of manufactured or fabricated Work, swatches showing color, texture, and pattern, and units of Work to be used for independent inspection and testing. Mock-ups are special forms of Samples too large or otherwise inconvenient for handling in manner specified for transmittal of Sample submittals. 5. Miscellaneous Submittals: a. Work -related submittals that do not fit in previous categories, including schedules, guarantees, warranties, certifications, maintenance agreements, workmanship bonds, survey data and reports, physical work records, copies of industry standards, EXHIBIT 'A' - Page 189 of 254 field measurements, extra materials, keys, and similar information, devices, and materials applicable to Work. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION 3.01 SUBMITTAL PROCEDURES A. Scheduling: 1. Provide preliminary and final schedule of submittals in accordance with the General Conditions indicating time requirements for coordination of submittals with performance of Work. 2. Times scheduled shall indicate completion of submittal approval process for Substitute and "Or -Equal" items, Shop Drawings, product data, and Samples not later than 60 days prior to Substantial Completion. Completion of submittal process for above submittals will have been achieved when submittals have been returned to Contractor with submittal action of either "Approved" or "Approved As Noted". 3. Adjust schedule of submittals periodically to reflect revisions to Progress Schedule. B. Coordination: Coordinate preparation and processing of submittals with performance of Work. Coordinate each submittal with other submittals and related activities such as substitution requests, testing, purchasing, fabrication, delivery, and similar activities. Coordinate submission of different units of interrelated Work so submittal will not be delayed by Engineer's need to review related submittal. Engineer may withhold action on submittal requiring coordination with other submittals until related submittals are provided. Prepare and transmit each submittal sufficiently in advance of scheduled performance of related Work and other applicable activities. C. Submittal Preparation: 1. Stamp and sign each submittal certifying to review and approval of submittal, verification of material and equipment, field measurements, field construction criteria, and coordination of information with Contract Documents in accordance with paragraph 7.16 of the General Conditions. 2. Transmittal Form: Use CONTRACTOR'S SUBMITTAL TRANSMITTAL form included in Appendix. Identify following: a. Date b. Transmittal and Submittal number c. Project d. Name and signature of Contractor: e. If submittal is for substitute, identify as "Substitute" on transmittal. f. Specification section and/or Drawing numbers. g. Description of submittal (i.e. equipment identification numbers, motor numbers, etc.) h. Variations from Contract Documents D. Resubmittal Preparation: EXHIBIT'A' - Page 190 of 254 1. Comply with requirements for Submittal Preparation above, and in addition' a. Identify on transmittal form submittal is a resubmission. b. Make corrections or changes in submittal required by Engineer's notations on returned submittal. c. On transmittal or separate page, answer or acknowledge in writing notations or questions indicated on Engineer's transmittal form of returned submittal. 1) Identify each response by question or notation number established by Engineer. 2) If Contractor does not respond to each notation or question, resubmission will be returned without action by Engineer until Contractor provides written response. d. Contractor -initiated revisions or variations: 1) On transmittal form, identify variations or revisions from previously reviewed submittal. 3.02 SPECIFIC SUBMITTAL REQUIREMENTS A. General: Comply with requirements specified below for each indicated type of submittal. Specific submittal requirements for individual units of work are specified in applicable Specification section. If Engineer has responded to Request for Information submitted by Contractor, include Engineer's response with submittal. Primary means of submittal shall be electronic. Initial submittals shall be searchable, bookmarked PDF format. B. Requests for Substitutes: 1. Collect data for items to be submitted for review as Substitute into one submittal for each item of material or equipment in accordance with paragraph 7.05 of the General and Supplementary Conditions. 2. Include completed CONTRACTOR'S REQUEST FOR SUBSTITUTION form as required by Supplementary Conditions. Use the form included in the Appendix. 3. Submit with other scheduled submittals for material and equipment allowing time for Engineer to evaluate additional information required to be submitted. 4. If Contractor requests to substitute for materials or equipment specified, but not identified in Specification as requiring submittal, Contractor shall indicate substitution in Submittal Schedule. C. Shop Drawings: 1. Maximum size 22 in. by 34 in. 2. Submit graphic information at accurate scale with name of preparer indicated. 3. Show dimensions and note which are based on field measurements. 4. Indicate compliance with standards and notation of coordination requirements. 5. Highlight, encircle or otherwise indicate variation from Contract documents or previous submittals and revisions on resubmittals. 6. Do not use Engineer's Drawings as Shop Drawings. 7. Provide blank space for Contractor stamps. 8. Provide 4-in. by 8-in. blank space for Engineer stamps. D. Product Data: EXHIBIT'A' - Page 191 of 254 Collect required data into single submittal for each unit of Work or system. Where product data includes information on several similar materials or equipment, some of which are not require for use in Project, mark copies to show which items are not applicable to Project. E. Samples: 1. Provide Samples physically identical with proposed materials and equipment to be incorporated into work. Where variations in color, pattern, and texture are inherent in product, submit multiple units (not less than 3) showing approximate limit of variations. 2. Provide full set of option Samples where selection by Owner or Engineer is required. 3. Include information with Sample to show generic description, source, product name, manufacturer, limitations, and compliance with standards. 4. Submit Samples with other related elements of work. 5. Submit two (2) sets of Samples where Specifications indicate Engineer's selection of color, pattern, texture or similar characteristics from manufacturer's range of standard choices is necessary. Neither set will be returned. 6. Maintain set of Samples at Project site, in suitable condition and available for quality control comparisons throughout course of Work. F. Miscellaneous: 1. Guarantees, Warranties, Maintenance Agreements, and Workmanship Bonds: a. Refer to Specification sections for requirements. b. Provide 2 executed copies. Provide 2 additional copies where required for operation and maintenance data. 2. Survey Data: a. Refer to Specification sections for requirements of property surveys, building or structure condition surveys, field measurements, quantitative records of actual work, damage surveys, and similar data. b. Submit 10 copies of property surveys. Submit 2 copies of other surveys. 3. Certifications: a. Refer to Specification sections for requirements. 4. Closeout Submittals; a. Refer to Specification sections for requirements of spare parts, extra and overrun stock, maintenance tools and devices, keys, and similar units to be submitted. 3.03 ACTION ON SUBMITTALS A. General: Except for submittals for record and similar purposes, where action and return is not required or requested, Engineer will review each submittal, mark the appropriate action, and return. Where submittal must be held for coordination, Engineer will so advise Contractor without delay. Engineer will stamp each submittal with uniform, self-explanatory action stamp, appropriately marked with submittal action. EXHIBIT'A' - Page 192 of 254 B. Notification of Insufficient Information: 1. If information submitted is not sufficient to .complete review of submittal, Engineer will send transmittal to Contractor notifying Contractor that additional information is required. 2. Submittal will be placed "on hold" and not returned until Contractor provides the additional information. C. Unsolicited Submittals: . 1. Engineer will return unsolicited submittals without reviewing. D. Action Stamp: 1. Marking: "Approved" a. Work covered by submittal may proceed provided it complies with Contract Documents. Acceptance of Work depends on that compliance. b. After approval, Contractor is to submit two bound copies of all "Approved" submittals to Engineer. Drawings shall be printed at not smaller than 11x17. Engineer, at his discretion, may request drawings printed in 22x34 format. Bound copies shall be stapled, comb bound, or spiral bound. Copies should be in color where required. 2. Marking: "Approved As Noted" a. Work covered by submittal may proceed provided it complies with Engineer's notations or corrections on submittal and with Contract Documents. Acceptance of work depends on that compliance. Resubmittal not required. b. After approval, Contractor is to submit two bound copies of all "Approved As Noted" submittals to Engineer. Drawings shall be printed at not smaller than 11x17. Engineer, at his discretion, may request drawings printed in 22x34 format. Bound copies shall be stapled, comb bound, or spiral bound. Copies should be in color where required. 3. Marking: "Revise and Resubmit" a. Do not proceed with Work covered by submittal. b. Revise submittal or prepare new submittal in accordance with Engineer's notations. 4. Marking: "Not Approved" a. Work covered by submittal does not comply with Contract Documents. Do not proceed with Work covered by submittal. b. Prepare new submittal complying with Contract Documents. 5. Marking: "No Action Required" a. Document has not been reviewed and is only filed for record purposes. E. General Distribution: 1. Unless required elsewhere, provide distribution of submittals to Subcontractors, Suppliers, governing authorities, and others as necessary for performance of Work. 2. Provide copies of submittals bearing Engineer's action stamp to: EXHIBIT'N - Page 193 of 254 a. Job site file. b. Record documents file. END OF SECTION EXHIBIT'A' - Page 194 of 254 SECTION 01520 CONSTRUCTION FACILITIES PART 1 - GENERAL 1.01 SUMMARY A. Temporary construction facilities required for the Work, including, but not limited to: 1. Utilities including lighting and electricity, heat, telephone service, and water. 2. Sanitary facilities. 3. Fire protection. 4. Roads. 5. Security fencing. 6. Enclosures. 7. Parking. 8. Project signs. 9. Field office for Contractor's personnel. B. Maintain temporary facilities in proper and safe condition throughout progress of Work. C. Comply with federal, state, and local codes and regulations, and utility company requirements. 1.02 LAYOUT OF TEMPORARY FACILITIES A. Before starting Work, submit to Engineer, for approval, proposed layout of temporary facilities. B. Should Contractor require space in addition to that shown on Drawings, Contractor shall make arrangements for storage of materials and equipment in locations off Site. PART 2-PRODUCTS 2.01 TEMPORARY LIGHTING AND ELECTRICITY A. General: 1. Temporary lighting shall be sufficient to enable Contractor and Subcontractors to complete Work and enable Engineer to observe Work. Illumination shall meet or exceed state code requirements. B. Temporary electric power maybe obtained from Owner's electrical system as follows: 1. Owner will provide access to existing electrical system for 120 v, 1-phase service. Existing system is anticipated to be used for small tools and similar devices. Office trailers and tool sheds are not to be powered off existing 120v system. 2. No charge will be made for electricity obtained from Owner's electrical system and used for construction. 3. Provide electrical protection to prevent disruption of plant power from over -current, ground faults, and short circuits. 4. If Contractor requires more than Owner's supply available, Contractor shall obtain an additional source of electric power and pay all costs for power from additional source. C. Contractors responsibilities: Donohue & Associates, Inc. CONSTRUCTION FACILITIES Project No. 13247-A1 EXHIBIT'A' - Page 195 of 254 01520-1 1. Provide, maintain, and remove temporary electric service facilities. 2. Provide temporary electric systems and components in conformance with requirements of National Electric Code and local authorities. 3. Facilities exposed to weather shall be weatherproof type. 4. Enclosures shall be locked to prevent unauthorized access. 5. Provide lamps, wiring, switches, sockets, and similar equipment required for temporary lighting and power tools. 6. Provide electric service to temporary offices., 2.02 TEMPORARY TELEPHONE SERVICE A. Provide temporary telephone service for Contractor's use and for Owner to contact project site. Mobile or cellular phones are acceptable. Contractor may not use Owner's system for telephone service. 2.03 WATER FOR CONSTRUCTION A. Owner will provide place for temporary connection to non -potable water source at Site. 1. Provide temporary piping and pumping facilities required to bring water to point of use. 2. Owner will provide water at no cost to Contractor provided that water usage is incidental to construction, is not obtained during high plant flows, and generally does not exceed 200 gallons per day. B. Contractor shall supply any additional water required for construction. Water is available from hydrants. 1. Secure permission from water utility, obtain necessary permits, and notify Engineer and Fire Department before obtaining water from fire hydrants. Make arrangements and pay costs for water, for connecting to hydrants, and for temporary piping required to transport water to point of use. 2. Connection to hydrants shall prevent backflow to system. Use only special hydrant operating wrenches to open hydrants. Make certain hydrant valves are open full. If hydrants are damaged, Contractor shall be responsible and shall notify appropriate agency so damage can be repaired as quickly as possible. Fire hydrants shall be completely accessible to Fire Department at all times. 2.04 SANITARY FACILITIES A. Do not use existing sanitary facilities. B. Provide temporary sanitary facilities conforming to state and local regulations, in sufficient numbers for use of Contractor's and Subcontractor's employees. C. Maintain in sanitary condition and properly supply with toilet paper. 2.05 TEMPORARY FIRE PROTECTION A. Provide and maintain minimum of one fire extinguisher on each floor of each building, and other fire protection equipment and devices as would be reasonably effective in extinguishing fires during early stages by personnel at Site. 2.06 TEMPORARY SITE AND OTHER ROADS A. Construct and maintain temporary roadways in snow free, ice free, driveable condition. CONSTRUCTION FACILITIES Donohue & Associates, Inc. 01520-2 EXHIBIT'A' - Page 196 of 254 Project No. 13247-A1 B. Maintain existing roads used during construction free from accumulation of dirt, mud and construction debris. Roads shall be considered "maintained" when material has been removed by a sweeper. Multiple sweeper passes may be required to clean the existing surfaces sufficiently in Engineers opinion. Aggregate surfaced roads and drives will be considered "maintained" when dirt and soil contaminants in excess of V diameter have been removed and the total volume of contaminants remaining is estimated to be less than cubic foot. Contractor shall control dust from operations in all circumstances. Comply with dust control provisions in Section 01575. C., Temporary granular paving used prior to final paving shall be maintained in smooth condition. Ruts, holes, washboarding, or other surface deformities shall be corrected immediately by filling or scraping. All maintenance work to maintain traffic on, existing roads shall be finished with a vibratory roller to recompact the surface. D. Contractor shall repair or replace existing roads to original or better condition prior to Final Completion. Survey and record condition of existing roads prior to construction. 2.07 CONTRACTOR'S STAGING AND WORK AREA A. Construct and maintain staging area in location previously agreed up with owner. B. Provide minimum of 4-inches crushed stone surface. C. Work Area: 1. Limit construction operations and storage of equipment and materials to areas shown on Drawings and as determined by Engineer. 2. Except as provided herein, no sidewalk, private property, or other area adjacent to Site shall be used for storage of Contractor's equipment and materials unless prior written approval is obtained from legal owner of the respective locations. 3. A reasonable amount of structural and other type material to be used during construction may, with written approval of agency having jurisdiction, be stored in streets or highways adjacent to Site, but only to an extent that is absolutely necessary to avoid delay in construction. A copy of written approval shall be submitted to Engineer. Such materials will not be allowed to accumulate but shall be replenished from day to day as required. Permission to store materials shall be revocable at any time. Contractor, if so ordered, shall immediately upon receipt of order, or within a time to be therein stated, remove such materials. 4. Contractor shall maintain staging areas during construction in a manner that will not obstruct operations on any street areas. Work shall proceed in an orderly manner, maintaining construction Site and staging area free of debris and unnecessary equipment or materials. 2.08 SECURITY A. Security will not be provided by Owner. B. Contractor shall be responsible for loss or injury to persons or property where Work is involved, and shall provide security and take precautionary measures to protect Contractor's and Owner's interests. C. Provide and maintain temporary fencing of design and type needed to prevent entry onto Site by public. 2.09 ENCLOSURES EXHIBIT'A' - Page 197 of 254 A. Provide and maintain all enclosures, scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of Work. 2.10 PARKING A. Staging area and designated areas within construction limits may be used for parking of construction personnel's private vehicles and Contractor's lightweight vehicles. B. Do not allow heavy vehicles or construction equipment in parking areas. C. Make arrangements for additional parking off site as required. 2.11 CONTRACTOR'S FIELD OFFICES AND BUILDINGS A. If required by Contractor, erect where designated by Engineer, and maintain temporary field office and tool and storage buildings for Contractor's use. B. Buildings shall be neat and well constructed, surfaced with plywood, siding, masonite, or other similar material, well painted and void of advertisements. PART 3 — EXECUTION 3.01 GENERAL A. Maintain and operate systems to ensure continuous service for duration of construction. B. Modify and extend systems, as Work progress requires. 3.02 REMOVAL A. Completely remove temporary materials, equipment, signs, and structures when no longer required. B. In unfinished areas, clean and repair damaged caused by temporary installations or use of temporary facilities, restore drainage, and evenly grade, seed or plant as necessary to provide appearance equal to or better than original. C. In finished areas, restore existing or permanent facilities used for temporary services to specified, or original condition. 3.03 DAMAGE TO EXISTING PROPERTY A. Contractor is responsible for replacing or repairing damage to existing buildings, structures, sidewalks, roads, parking areas, and other existing assets. B. Contractor shall have option of having Owner contract for such Work and have cost deducted from Contract Price. 3.04 OWNER'S USE A. Upon acceptance of Work, or portion of work defined and certified as Substantially Complete by Engineer, and Owner commences full-time successful operation of facility or portion thereof, Owner will pay cost for utilities used for Owner's operation. Contractor shall continue to pay for utilities used until final acceptance of Work, except as provided herein. EXHIBIT'A'- Page 198 of254 However, heat for building as required for construction purposes shall still be paid by Contractorunless, due to occupancy by Owner, more heat shall be required due to increased temperature or lengthened duration, in which case Owner will bear difference in cost. END OF SECTION EXHIBIT'N - Page 199 of 254 SECTION 01575 ENVIRONMENT PROTECTION PART 1 - GENERAL 1.01 SUMMARY A. General requirements pertaining to abatement and control of environmental pollution arising from activities of Contractor and Subcontractors in performance of the Work of the Contract. B. Contractor, in executing Work, shall maintain work areas free from environmental pollution that would be in violation of federal, state or local regulations. PART 2 — PRODUCTS (NOT USED) PART 3 - EXECUTION 3.01 GENERAL A. The land resources within boundaries of the Project, but outside the limits of permanent Work performed under this Contract shall be preserved in their present condition or be restored to a condition after completion of construction that will appear to be natural and not detract from the appearance of the Project. B. Insofar as possible, confine activities to pertinent areas defined on the Drawings or elsewhere in the Contract Documents. 1. Return construction areas to their preconstruction elevations except where surface elevations are otherwise noted to be changed. 2. Maintain natural drainage patterns. 3. Conduct construction activities in such a manner that ponding of stagnant water conducive to mosquito breeding habitat will not occur at any time. C. Land resources: 1. Do not remove, cut, deface, injure, or destroy trees or other vegetation outside the Work area limits. 2. Do not remove, cut, deface, injure, or destroy trees or other vegetation inside the Work area limits, designated to be preserved, except as permitted by Engineer. 3. Land resources damaged by Contractor shall be promptly replaced or repaired to the approval of Engineer at Contractor's expense. 3.02 ARCHAEOLOGICAL FINDS DURING CONSTRUCTION A. There are no known archaeological remains at the Project site. B. Should skeletons, artifacts, or other archaeological remains be uncovered: 1. Suspend operations of this Contract at the site of discovery. 2. Continue operations in other areas. 3. Notify Engineer immediately of the finding. EXHIBIT'A' - Page 201 of 254 C. Should the discovery site require archaeological studies resulting in delays and/or additional work, Contractor will be compensated by an adjustment under pertinent provisions of the Contract. 3.03 PROTECTION OF STORM SEWERS A. Prevent construction materials, concrete, earth or other debris from entering existing storm sewers or sewer construction. 3.04 PROTECTION OF WATERWAYS A. Observe rules and regulations of State of Indiana and agencies of U.S. government prohibiting pollution of lakes, streams, rivers or wetlands by dumping of refuse, rubbish, dredge material or debris. 3.05 DISPOSAL OF EXCESS EXCAVATED AND OTHER WASTE MATERIALS A. Excess excavated material not required or suitable for backf ill and other waste material shall be disposed of in accordance with federal, state, and local regulations. B. Provide watertight conveyance of liquid, semi -liquid or saturated materials which tend to bleed during transport. Liquid loss from transported materials is not permitted, whether being delivered to construction site or hauled away for disposal. 3.06 PROTECTION OF AIR QUALITY A. Minimize air pollution by requiring use of properly operating combustion emission control devices on construction vehicles and equipment and encourage shutdown of motorized equipment not in use B. Do not burn trash on Site. C. If temporary heating devices are necessary for protection of Work, they shall not cause air pollution. 3.07 THAWING OF FROZEN GROUND A. Obtain permit from appropriate authority before building fire to thaw frozen ground, and comply with conditions of permit. B. Use fuel which does not create air pollution or inconvenience public C. Engineer reserves right to prohibit fires for thawing frozen ground whenever deemed undesirable. 3.08 USE OF CHEMICALS A. Chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, shall be approved by U.S. EPA or U.S. Department of Agriculture or any other applicable regulatory agency. B. Use and disposal of chemicals and residues shall comply with manufacture's instructions. 3.09 NOISE CONTROL EXHIBIT'A' - Page 202 of 254 A. Conduct operations to cause least annoyance to residents in vicinity of Work, and comply with applicable local ordinances. B. Equip construction equipment and other apparatus with mechanical devices necessary to minimize noise. C. Equip compressors with silencers on intake lines. D. Equip gasoline or oil -powered equipment with silencers or mufflers on exhaust lines. E. Line storage bins and hoppers with material that will deaden sounds. F. Route vehicles carrying rock, concrete, or other material over such streets as will cause least annoyance to public and do not operate on public streets between hours of 6:00pm and 7:00am, nor on Saturdays, Sundays or legal holidays, unless approved by Owner. 3.10 DUST CONTROL A. Take special care in providing and maintaining temporary roads, Owner's existing roads, and public roads used during construction operations in clean, dust free condition. B. Comply with local regulations for dust control. If Contractor's dust control measures are considered inadequate by Engineer, Engineer may require Contractor to take additional dust control measures. 3.11 FUELS AND LUBRICANTS A. Comply with local, state, and federal regulations concerning transportation and storage of fuels and lubricants. B. Fuel storage area location shall be approved by Owner prior to installation. C. Report spills or leaks from fueling equipment or construction equipment to Owner and cleanup as required. D. Owner may require Contractor to remove damaged or leaking equipment from Site. END OF SECTION EXHIBIT'A' - Page 203 of 254 SECTION 01615 MATERIAL AND EQUIPMENT PART 1 —GENERAL 1.01 SUBSTITUTE AND "OR EQUAL" ITEMS A. When equipment or material is specified by naming one or more manufacturers or suppliers followed by words "No Substitute is Permitted", Contractor shall provide one of the named manufacturers or suppliers. B. "Or Equal" Items: For material or equipment specified by naming one or more- suppliers or manufacturers followed by the words "Or Equal", Contractor shall make: submittal in accordance with Section 01330. Engineer will review submittal in accordance with Supplementary Conditions. C. Substitute Items: 1. For material or equipment specified by naming one or more suppliers or manufactures and not followed by the words "Or equal" or "No Substitute is Permitted", Contractor shall submit "Request for Substitution" in accordance with General Conditions for material or equipment not specifically named. 2. Requests for Substitution will be considered by Engineer, subject to Contractor's representations and review provisions of Contract Documents, when one or:more of the following conditions are satisfied. a. Where required equipment or material cannot be provided within Contract Time, but not as result of Contractor's failure to pursue Work promptly or coordinate various activities properly. b. Where packaging of several items of equipment from single source will provide maintenance and coordination advantages to Owner. c. When Contractor proposes to provide Owner with cost savings. 3. If Engineer approves Contractor's Request for Substitution, Contractor shall make submittal in accordance with Section 01330. D. Conditions Which Are Not Substitutions: 1. Contractor options provided for in Specifications. 2. Revisions to Contract requested by Owner or Engineer. 3. Contractor's determination of and compliance with governing regulations, except as provided for in Contract Documents. 1.02 REUSE OF. EXISTING MATERIAL A. Except as specifically indicated or specified, do not use removed materials and equipment in new Work. All material and equipment incorporated into the Work shall be new, and as. specified, except as otherwise provided in the Contract Documents. B. For material and equipment specifically indicated or specified to be reused in new Work: 1. Use special care in removal, handling, storage, and reinstallation to ensure proper function in completed Work. 2. Provide for transportation, storage, and handling of products which require off -site storage, restoration, or renovation. EXHIBIT'A' - Page 205 of 254 1.03 MANUFACTURER'S INSTRUCTIONS A. Installation of equipment and materials shall comply with manufacturer's written instructions. Maintain one set of complete instructions at job site. Distribute printed copies of instructions to parties involved in installation, including 1 copy to Engineer. Provide 1 electronic copy as a searchable, bookmarked PDF document to the Engineer. B. Handle, store, install, connect, clean, condition, and adjust materials and equipment in accordance with manufacturer's written instructions and in conformance with Specifications. C. If job conditions or specified requirements conflict with manufacturer's written instructions, consult Engineer for further direction. Do not proceed with Work without written instruction of Engineer. 1.04 TRANSPORTATION AND HANDLING A. Arrange deliveries of material and equipment in accordance with Construction Progress Schedule. B. Deliver materials and equipment in undamaged condition, in manufacturer's original containers or packaging, with identifying labels intact and legible. C. Protect bright -machined surfaces, such as shafts and valve faces, with heavy coat of grease prior to shipment. D. Immediately upon delivery, inspect shipments to ensure compliance with Contract Documents and approved submittals, and products have been protected and are undamaged. E. Provide equipment and personnel to handle materials and equipment by methods recommended by manufacturer to prevent soiling or damage to materials or equipment, or packaging. 1.05 STORAGE, PROTECTION, AND MAINTENANCE A. Store, protect, and maintain material and equipment in accordance with manufacturer's written instructions. B. Temporary storage areas and buildings shall conform to Section 01520. C. Owner assumes no responsibility for damage or loss due to storage of materials and equipment. D. Interior Storage: 1. Store with seals and labels intact and legible. 2. Store materials and equipment subject to damage by elements in weather tight enclosures. 3. Maintain temperature and humidity within ranges required by manufacturer. E. Exterior Storage: 1. Store fabricated materials and equipment above ground, on blocking or skids, to prevent soiling or staining. Cover materials and equipment subject to deterioration with impervious sheet coverings. Provide ventilation to avoid condensation. EXHIBIT'A' - Page 206 of 254 2. Store loose granular materials in well -drained area on solid surfaces to.prevent mixing with foreign matter. 3. Store materials such as pipe, reinforcing steel, structural steel, and equipment on pallets or racks, off ground. F. Inspection and Maintenance: 1. Arrange storage to provide easy access for inspection, maintenance, and inventory. 2. Make periodic inspections of stored materials and equipment to ensure materials and equipment maintained under specified conditions are free from damage or deterioration, and coverings are in place and in condition to provide required protection. G. Assume responsibility for protection of completed construction and repair and restore damage to completed Work. H. Wheeling of loads over finished floors, with or without plank protection,. not permitted in anything except rubber tired wheelbarrows, buggies, trucks or dollies. This applies to finished floors and exposed concrete floors,. as well as those covered with other applied surfacing. I. Where structural concrete is also finished surface, avoid marking or damaging surface. PART 2— PRODUCTS 2.01 MATERIALS A. Conform to applicable Specifications and standards. Comply .with size, make, type, and quality specified or as approved on submittals. B. Design, fabricate, and assemble in accordance with engineering and shop practices standard with industry. C. Manufacture like parts of duplicate units to standard sizes and gauges, to be interchangeable. Two or more items of same kind shall be identical, by same manufacturer. D. Material and equipment shall be suitable for service conditions. Design .so working parts are readily accessible for inspection and repair, and easily duplicated and replaced. E. Equipment capabilities, sizes, and dimensions shown or specified shall be adhered to, unless specifically approved in accordance with General Conditions. F. Equipment shall be adapted to best economy in power consumption and maintenance. Parts and.components shall. be portioned for stresses occurring during continuous or intermittent operation, and for additional stresses occurring during fabrication or installation. G. Do not use material or equipment for purpose other than for which it is designed or specified. PART 3 — EXECUTION (NOT USED) END OF SECTION EXHIBIT W - Page 207 of 254 SECTION 01735 ALTERATION AND DEMOLITION PROCEDURES PART 1 — GENERAL 1.01 SUMMARY A. Section Includes: 1. Cutting and patching. 2. Alterations to existing buildings or structures. 3. Demolition, removal, and abandonment of existing facilities. B. Work Includes: 1. Cutting, moving or removal of items as shown on Drawings. 2. Cutting, moving or removal of items as necessary to provide access to allow alterations and new Work to proceed. 3. Cutting, moving or removal of items not shown to be cut, moved or removed, but which must be cut, moved or removed to allow new Work to proceed. 4. Patching or reinstalling Work or items which are to remain in finished Work. 5. Removal of existing surface finishes as needed to install new Work and finishes. 6. Removal of abandoned items. 7. Salvage of material and equipment as noted.. 8. Demolition of structures. 9. Removal of portions of structures or utilities. 10. Abandonment of utilities. 1.02 SUBMITTALS A. Test Results: 1. Facility condition surveys. B. Miscellaneous Submittals: 1. Alteration and demolition schedule and operational sequence. C. Submit in accordance with Section 01330. 1.03 QUALITY ASSURANCE A. Conform to requirements of regulatory agencies and utility companies. 1.04 PROTECTION AND CONTINUITY OF OPERATIONS AND UTILITIES A. Perform Work with trades qualified to perform Work in manner causing least damage to each type of Work. B. Protect existing finishes, equipment, and adjacent Work which is to remain, from damage. C. Protect existing and new Work from weather and extremes of temperature. - D. Do not pile material to endanger building or structure. EXHIBIT'N - Page 209 of 254 E. Structural stability of structures adjacent to or affected by Work shall be Contractor's responsibility. Provide shoring, needling, and bracing to keep buildings or structures structurally secure and free of damaging deflection or settlement. F. Do not close or obstruct streets, walks, or other facilities occupied and used by Owner and public without prior written permission from Owner and others having jurisdiction. G. Notify utilities prior to razing operations to permit them to disconnect, remove, or relocate equipment serving existing facilities. H. Protect existing utilities so they will continue to function during and after construction. Where interference with facilities occurs, cooperate with owner of utility and, if necessary, alter utility or facility to eliminate interference. I. Service Continuity: 1. Perform Work so as not to interfere with Owner's operations. 2. Provide and maintain continuous electrical, plumbing, and HVAC services to functioning portions of facilities during hours normally in use. 3. Temporary outages are permitted during cutover work at such times and places as can be pre -arranged with Engineer and Owner. Keep such outages to minimum number and length. Make no outages without prior approval. 4. Remove temporary equipment and materials when no longer required. J. Plant Operation: 1. Maintain continuity of plant operation to functioning portions of existing plant. 2. Temporary shutoff is permitted during cutover Work at such times and places as can be pre -arranged with Engineer and Owner. Keep such shutoffs to minimum number and length. Once Work has started on temporary shutoff, continue until Work is complete. Make no shutoffs without prior approval. 3. Remove temporary equipment and materials when no longer required. 1.05 TEMPORARY ELECTRICAL AND MECHANICAL SERVICES A. Comply with Section 01520. B. Electrical: 1. Maintain existing electrical service to existing equipment until removed from service. 2. Provide temporary electrical connections to new equipment if permanent wiring is not complete and equipment is required to be placed into service to continue operation of facility. 3. Provide temporary electrical connections to temporary equipment or existing equipment that has been relocated, but is required to continue operation of facility. C. Mechanical: 1. Maintain existing interior work area above 60°F. 2. Provide weather protection, waterproofing, heat, and humidity control to prevent damage to remaining existing and new Work. PART 2 — PRODUCTS 2.01 SALVAGED MATERIALS EXHIBIT'A' - Page 210 of 254 A. Whenever used by in the Documents, the term "salvage" shall indicate material or equipment to be retained by the Owner or to be reused in the Work. B. Salvage sufficient quantities of cut or removed material to replace damaged Work of existing construction or patch new Work when material not readily obtainable on current market. C. Salvaged materials and equipment shall be relocated on -site where indicated by Engineer D. Prior to commencement of removal activities associated with the salvaging of equipment for either reuse by Owner, or reuse in Work, an inspection shall be completed by the Contractor, with the Owner and Engineer present. The inspection shall identify condition of components, to be salvaged and itemize known or observed deficiencies. During the inspection, each component shall be photographically logged. A Salvaged Equipment Condition Report shall be submitted for approval by Owner and Engineer identifying condition of each component as "Good" or "Damaged". Components identified as Damaged shall contain a description of extent of damage. Photo log shall be submitted electronically with file names matching equipment tag. E. Items to be salvaged for either reuse by Owner, or reuse in Work shall be removed with care to protect the existing condition of the component and ensure component can be reused in a different service. To the greatest extent possible, individual salvaged items shall be removed in one piece. Large items that have bolted connections may be disassembled to facilitate removal, but must be reassembled to same condition at location of storage. If disassembled location contained a gasketing material, a new gasket shall be provided and installed, reuse of the existing gasket will not be permitted unless specifically approved by Engineer. 2.02 PRODUCTS FOR PATCHING, EXTENDING, AND MATCHING A. Provide same products, salvaged materials, types of construction or finish as that in existing structure, as needed to patch, extend or match existing Work. PART 3 — EXECUTION 3.01 PREPARATION A. Prior to alteration or demolition of facilities, accomplish following: 1. Owner release of facility. 2. Electrical, HVAC, process, and plumbing services rerouted or shut off outside area of Work. 3. Salvage items scheduled for reuse in new Work or scheduled to be delivered to Owner. 4. Survey and record condition of existing facilities to remain in -place that may be affected by Work.. After Work complete, survey, conditions again and restore facilities to original condition at no additional cost to Owner. Conduct surveys in presence of Engineer. B. Where new Work is to be installed or suspended concealing existing surfaces or spaces, Contractor shall remove foreign substances such as grease, sludge, and odoriferous material before starting Work. C. Where surfaces are to remain exposed, Contractor shall remove foreign substances such as grease, sludge, and odoriferous material. D. Coordinate alteration and demolition Work so new construction installed before, during, and after Work may commence without undue delay. 3.02 CUTTING AND PATCHING EXHIBIT'A' - Page 211 of 254 A. Cut finish surfaces such as masonry, tile, plaster or metals, by methods to terminate surfaces in smooth, straight line at natural point of division. Make cuts parallel with walls and/or floors. B. Make joints and finishes match adjacent or similar work. C. Do not cut or notch structural members without specific written approval of Engineer. 3.03 REMOVAL OPERATIONS A. Remove concrete, steel and masonry to extent indicated on Drawings. B. Remove equipment and appurtenances to extent indicated on Drawings. C. Where existing materials and equipment are removed or relocated, remove materials no longer used such as studs, straps, conduits, ducts, wires, anchors, and supports. Remove or cut off concealed or embedded materials and equipment to at least 1 in. below final finished surface. D. Repair affected surfaces to conform to type, quality, and finish of adjacent surfaces. E. Dispose of removed items as specified herein. 3.04 RESTORATION A. Where existing partitions are removed, patch floors, walls, and ceilings with finish materials matching existing to provide smooth planes without breaks, steps, or bulkheads. Trim and refinish doors as necessary to clear new floors or flooring material. 1. Where change of plane of 2 in. or more occurs, notify Engineer and request direction. B. Patch and replace portions of existing finished surface damaged by Contractor's operations. 1. Provide adequate support of substrate prior to patching finish. 2. Refinish patched portions of painted or coated surfaces to produce uniform color and texture over entire surface. 3. When existing surface finish cannot be matched, refinish entire surface to nearest intersection. C. When new Work abuts or finishes flush with existing Work, transition shall match existing adjacent Work in texture and appearance so patch or transition is not visible at a distance of 6 feet. D. When smooth transition is not possible, terminate existing surface along straight line at natural division, and provide appropriate trim. E. Clean and repair damage caused by installation or by use of temporary facilities. 1. Remove foundations and underground installations used for construction aids. 2. Grade areas affected by temporary installations to required elevations and slopes. F. Restore existing facilities used for temporary purposes to specified, or original, condition. 3.08 CLEANING A. Perform periodic cleaning and final cleaning as specified in Section 01740. EXHIBIT'A' - Page 212 of 254 1. Clean Owner occupied areas daily. 2. Clean spillage, overspray, and heavy collection of dust in Owner occupied areas immediately. B.. At completion of alteration and demolition Work in each area, provide final cleaning and return space to condition suitable for use by Owner. 3.09 DISPOSAL A. Remove debris from site each day. B. Equipment and materials not scheduled to be salvaged or reused in new Work shall become property of Contractor to be disposed of in accordance with applicable laws. C. Debris and other undesirable and unsalvageable material resulting from alteration and demolition operations shall be legally disposed offsite. END OF SECTION EXHIBIT'A' - Page 213 of 254 SECTION 01740 CLEANING PART 1 - GENERAL 1.01 SUMMARY A. Perform cleaning throughout construction period and at completion of Work. B. Refer to Specification sections for specific cleaning products or Work. C. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti -pollution laws. PART 2-PRODUCTS 2.01 CLEANING MATERIALS AND EQUIPMENT A. Use only the cleaning materials and equipment which are compatible with the surface being cleaned, as recommended by the manufacturer of the material. B. Use only those cleaning materials which will not create hazards to property and persons. PART 3 - EXECUTION 3.01 DURING CONSTRUCTION A. Comply with general Conditions. B. Provide on -site containers for collection and removal of waste materials, debris, and rubbish in accordance with applicable regulations. C. As required preparatory to installation of succeeding materials, clean the structures or perti- nent portions thereof to the degree of cleanliness recommended by the manufacturer of the succeeding material, using equipment and materials required to achieve the necessary cleanliness. D. Following the installation of finish floor materials, clean the finish floor daily (and more often if necessary) at all times while work is being performed in the space in which finish materials are installed. 3.02 FINAL CLEANING A. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from exposed interior and exterior surfaces. B. Wash and shine glazing and mirrors. C. Polish glossy surfaces to clear shine. D. Ventilating Systems: 1. Clean permanent filters and replace disposable filters if units were operating during construction. 2. Clean ducts, blowers, and coils if units were operated without filters during construction. EXHIBIT'N - Page 215 of 254 E. Electrical Systems: 1. Leave electrical equipment rooms broom clean. 2. Clean interior of panel cabinets, pull boxes, and other equipment enclosures. 3. Clean lighting fixtures, lamps, and other electrical equipment soiled during installation. 4. Touch-up paint or repaint finishes on electrical items delivered to Project with finished coat of paint. Engineer will make final determination of items to be repainted or touched -up. F. Vacuum carpeted areas. Broom clean interior hard surface floors and exterior paved surfaces. Rake clean other surfaces of grounds. G. Clean out existing or new sewers to remove sediment and other materials that have entered during construction. H. Clean roads and streets used as haul roads during construction of accumulated material. Clean paved streets with water. I. Prior to Final Completion or Owner occupancy, Contractor, with Engineer and Owner, shall conduct inspection of exposed interior and exterior surfaces and work areas to verify Work and Site is clean. 3.03 CLEANING DURING OWNER'S OCCUPANCY A. Should the Owner occupy the Work or any portion thereof prior to its completion by the Contractor and acceptance by the Owner, responsibilities for interim and final cleaning shall be as determined by Engineer in accordance with the General Conditions. 3.04 CLEANING OF TANKS A. Wet wells, tanks, and basins shall be washed down and swept before water is allowed to enter. END OF SECTION EXHIBIT'A' - Page 216 of 254 SECTION 01789 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.01 SUMMARY A. Throughout progress of the Work, maintain an accurate record of changes in the Contract Documents. B. Maintain at Site one record copy of: 1. Drawings. 2. Project Manual. 3. Addenda. 4. Change Orders and other modifications to Contract. 5. Engineer Field Orders, written instructions, or clarifications. 6. Approved.Shop Drawings and other Work -related submittals. 7. Field modifications made to equipment by Contractor, Subcontractors and Suppliers. 8. Field test records. 9. Construction photographs. 10. Associated permits. 11. Certificates of inspection and approvals. 1.02 PAYMENTS A. Progress payments will not be made until the Contractor has demonstrated to the Engineer that a marked up set of Drawings is being satisfactorily maintained on the site and is available for Engineer's review as specified herein. 1.03 SUBMITTALS A. Prior to Substantial Completion, submit revised copies of approved Shop Drawings and other Work -related submittals for equipment modified in field by Contractor, Subcontractors, and Suppliers. B. Prior to submitting request for substantial completion, deliver one complete coordinated marked up set of Drawings to Engineer for use in preparation of record drawings. C. Prior to submitting request for final payment, submit the remaining Project Record Documents to Engineer for Owner. D. Accompany submittals with transmittal letter containing following: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Title of record document. 5. Signature of Contractor or authorized representative. PART 2 — PRODUCTS (NOT USED) EXHIBIT'A' - Page 217 of 254 PART 3 - EXECUTION 3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and Samples in Contractor's field office apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide secure storage space for storage of Samples. B. Maintain documents in clean, dry, legible condition and in good order. Do not use record documents for construction purposes. C. Label each document "PROJECT RECORD" in neat, large letters. D. Make documents and samples available for inspection by Engineer and Owner. E. Failure to properly maintain record documents may be reason to delay a portion of progress payments until records comply with Contract Documents. 3.02 RECORD DRAWINGS A. Maintain one record set of Drawings legibly annotated to show all changes made during construction and the final location of all underground piping and utilities. 1. The marked up set of Drawings shall be a compilation of all of the changes made by all of the trades involved. Individual sets from the various subcontractors will not be accepted. 2. The marked up set of Drawings shall graphically show the changes. Reference to RFI's, Change Orders, Field Orders, etc. will not be accepted. 3. The marked up set of Drawings shall incorporate changes made to the primary drawings, and shall include the corresponding changes made to the ancillary drawings. 4. Changes made to the process drawings, electrical drawings, and I&C drawings shall be depicted on the P&ID's. B. Record information concurrently with construction progress. C. Drawings: 1. Graphically depict changes by modifying or adding to plans, details, sections, elevations, or schedules. 2. Using a red colored pencil or pen, clearly describe the changes by graphic line and note as required. Provide supplemental photographs where required to clarify drawing mark up. 3. Note the following: a. Depths of various elements of foundation in relation to finished first floor elevation. b. Horizontal and vertical locations of underground cable, conduit, duct runs, underground utilities and appurtenances, and underground piping referenced to visible and accessible features. These features shall be located where they leave or enter any structure and at changes in horizontal or vertical direction. The invert elevation of piping and the top of conduit or duct banks shall be noted. GPS coordinates may be used. c. Field changes. d. Details not on original Drawings. EXHIBIT'A' - Page 218 of 254 e. Location and identification of exposed interior piping, including those shown schematically. on Drawings. f. Location and size of equipment including connections. g. Departures from original Drawings. END OF SECTION EXHIBIT'A' - Page 219 of 254 DIVISION 5 METALS EXHIBIT 'A' - Page 221 of 254 SECTION 05500 METAL FABRICATIONS PART 1 — GENERAL 1.01 SUMMARY A. Provide miscellaneousmetal work shown on the Drawings, as specified herein, and :as needed for a complete and proper installation. B. Section Includes: 1. Concrete anchors. 2. Grating support angles and framing. 3. Miscellaneous items. 1.02 DEFINITIONS A. Submerged: At or below level 1 foot 6 inches above maximum water level in water holding structures. 1.03 REFERENCES A. AISC: American Institute of Steel Construction B. AA: Aluminum Association C. AWS: American Welding Society D. ASTM: American Society for Testing and Materials E. AISI: American Iron and Steel Institute 1.04 SUBMITTALS A. Shop Drawings: 1. Indicate materials, sizes, connections, anchors, and finishes. B. Product Data: 1. Manufacturer's catalog sheets on premanufactured items. C. Submit in accordance with Section 01330. 1.05 QUALITY ASSURANCE .A. Perform shop and/or field welding required in connection with the work of this Section by certified welders in strict accordance with pertinent recommendations of AWS. B. Conform to AISC and AA standards. PART 2 - PRODUCTS 2.01 MATERIALS EXHIBIT'A' - Page 223 of 254 A. In fabricating items which will be exposed to view, limit materials to those which are free from surface blemishes, pitting, and roughness. B. Comply with following standards, as pertinent. 1. Structural Steel Shapes: a. W Shapes: ASTM A992, 50 ksi. b. M Shapes: ASTM A36. c. S, C and MC Shapes: ASTM A36. d. L Shapes: ASTM A36. e. HP Shapes: ASTM A572 Grade 50. f. HSS Square and Rectangular Shapes: ASTM A500, Grade B, 46 ksi. g. HSS Round Shapes: ASTM A500, Grade B, 42 ksi h. Pipe Shapes: ASTM A53, Grade B, 35 ksi. i. Plates and Bars: ASTM A36. 2. Stainless Steel: a. Exterior and submerged uses: AISI, Type 316. b. Interior uses: AISI Type 316. 3. Aluminum shapes and plates: Alloy 6061-T6 or 6063-T6. 4. Connection Bolts: a. For steel members: ASTM A325. b. For aluminum and galvanized steel members: Stainless steel. 2.02 CONCRETE ANCHORS A. Wedge Anchors: 1. Manufacturers: a. Power -Stud+ SD1, SD2, SD4 or SD6 by Dewalt. b. Kwik Bolt 3 or Kwik Bolt TZ by Hilti Corp. c. Ankr-Tite CCAT Wedge Anchor by Wej-it Fastening Systems. d. Strong -Bolt 2 by Simpson Strong -Tie Co., Inc. e. Red Head Trubolt + by ITW Commercial Construction 2. Usage: In concrete. a. 316 stainless steel unless noted otherwise. b. Do not use when submerged or subjected to dynamic loads. B. Expansion Anchors: 1. Manufacturers: a. Power -Bolt+ by Dewalt. b. HSL-3 by Hilti Corp. 2. Usage: In concrete. a. 316 stainless steel unless noted otherwise. EXHIBIT'A' - Page 224 of 254 b. Do not use when submerged, in overhead applications, or subjected to dynamic loads. C. Drop -In Anchors: 1. Manufacturers: a. Steel Dropin by Dewalt. b. HDI by Hilti Corp. c. Ultra -Drop Drop -In Anchor by Wej-it Fastening Systems. d. Drop -In by Simpson Strong -Tie Co., Inc. . e. Red Head Multi -Set II by ITW Commercial Construction 2. Usage: In concrete. a. Zinc plated carbon steel where totally embedded and other protected locations. b. Do not use in corrosive or humid areas, tanks, when submerged, in overhead applications, or subjected to dynamic loads. D. Adhesive Anchors (Concrete): 1. Manufacturers: a. . HIT RE 500-V3 or HIT-HY 200-R Adhesive Anchor by Hilti Corp. b. Pure 110+, AC100+ Gold or PE 1000+ by Dewalt. c. SET-XP or AT-XP Adhesive System by Simpson Strong -Tie Co., Inc. d. Red Head A7+, G5 or C6+ by ITW Commercial Construction. 2. Adhesive with 316 stainless steel stud assembly. 3. Usage: a. In concrete, submerged. b. Do not use in overhead applications. E. Screw Anchors: 1. Manufacturers: a. Wedge -Bolt or Screw -Bolt+ by Dewalt. b. Kwik-Con II+ or Kwik HUS by Hilti Corp. c. Titen orTiten HD by Simpson Strong -Tie Co., Inc. d. Red Head Tapcon or Large Diameter Tapcon (LDT) by ITW Commercial Construction 2. Zinc plated carbon steel or stainless steel concrete/masonry screw with hex head. 3. Usage: a. In concrete, where noted or approved by Engineer. b. In masonry, where noted or approved by Engineer. 2.03 FINISHES A. Galvanizing Repair Paint: High zinc -dust content paint complying with MIL-P-21035. 2.04 FABRICATION EXHIBIT'A' —Page 225 of 254 A. Except as otherwise shown on the Drawings or the approved Shop Drawings, use materials of size, thickness, and type required to produce reasonable strength and durability in the work of this Section. B. Provide clips, lugs, brackets, straps, plates, bolts, nuts, washers, and similar items, as required for fabrication and erection. C. Fabricate with accurate angles and surfaces which are true to the required lines and levels, with projecting corners clipped, grinding exposed welds smooth and flush, forming exposed connections with hairline joints, and using concealed fasteners wherever possible. D. Weld shop connections and bolt or weld field connections. E. Use AISC standard 2-angle web connections or single plate framing connections capable of supporting min of 50% of total uniform load capacity of member. F. Connections shall consist of minimum two 3/4 inch diameter bolts or welds developing minimum of 10,000 pounds capacity. G. Galvanizing: 1. Galvanize after fabrication. 2. Galvanize by hot -dip process conforming to ASTM A123 and AHDGA specifications. 2.05 GRATING SUPPORT ANGLES AND FRAMING A. Provide stainless steel angles, channels, and beams as noted bolted to concrete or masonry with concrete anchors as noted. 2.06 MISCELLANEOUS ITEMS A. Fabricate miscellaneous framing, supports, and items of structural shapes, plates, bars, and tubing of sizes and arrangements indicated and as required. PART 3 — EXECUTION 3.01 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.02 INSTALLATION A. General: 1. Set work accurately into position, plumb, level, true, and free from rack. 2. Tolerance: 1/8 inch in 10 feet. 3. Anchor firmly into position. 4. Where field welding is required, comply with AWS recommended procedures for appearance and quality of weld and for methods to be used in correcting welding work. 5. Grind exposed welds smooth, and touchup shop prime coats. 6. Do not cut, weld, or abrade surfaces which have been hot -dip galvanized after fabrication and which are intended for bolted or screwed field connections. 7. Perform cutting, drilling, and fitting as required for proper installation. Drill field holes for bolts, do not burn holes. EXHIBIT'A' - Page 226 of 254 8. Immediately after erection, clean field welds, bolted connections, and abraded areas. Paint the exposed areas with same material used for shop priming. B. Concrete Anchors: 1. Do not install until concrete or masonry has reached its design strength. 2. Do not install closer than 6 bolt dia to edge of concrete or masonry, or closer than 12 bolt diameter to another anchor unless otherwise shown. 3. Minimum embedment shall be 8 bolt diameter. 4. Install in accordance with manufacturer's recommendations. 3.03 ADJUSTING AND CLEANING A. Clean exposed surfaces, removing dirt, dust, and other foreign matter. B. Field Repair of Damaged Galvanized Coatings: 1. Repair surfaces damaged during shipping, erection, or construction operations. 2. Use zinc rich paint. 3. Prepare surfaces and apply in accordance with ASTM A780, Annex A2. END OF SECTION EXHIBIT'A' - Page 227 of 254 SECTION 05520 METAL RAILING PART 1 —GENERAL 1.01 SUMMARY A. Provide aluminum handrail and railing as shown on the Drawings, as specified herein, and as needed for a complete and proper installation. 1.02 REFERENCES A. OSHA: Occupational Safety and Health Administration 1.03 SUBMITTALS A. Shop Drawings: 1. Indicate materials, sizes, connections, anchors, and finishes. B. Product Data: 1. Manufacturer's catalog.sheets. C. Submit in accordance with Section 01330. 1.04 QUALITY ASSURANCE A. Handrail and railing shall meet requirements of OSHA and local building code. B. Provide end products of one manufacturer to achieve standardization of appearance. 1.05 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle components in manner preventing damage to finished surfaces. B. Pack units in individual plastic shrink-wrap to protect finish, do not remove until after installation. C. Store in clean, dry condition away from uncured concrete and masonry. Cover with waterproof sheeting. PART 2 — PRODUCTS 2.01 MANUFACTURERS A. BMC-Rail by Breuer Metal Craftsman, Inc. B. ConnectoRail by Julius Blum Co., Inc. C. Wesrail by Moultrie Manufacturing Co. D. Series 500 by Superior Aluminum Products, Inc. EXHIBIT'A' - Page 229 of 254 E. Or equal. 2.02 MATERIALS A. Rails, Posts, and Formed Elbows: To match existing. B. Fittings: 1. Riveted type fabricated from material similar to rails and posts. C. Toe plate shall be 1/4 inch by 4 inches flat aluminum plate, alloy 6063-T6. D. Mechanical fasteners shall be stainless steel. 2.03 FINISHES A. Clear satin anodized finish: 1. Extruded Components: 0.7 mil. 2. Cast Components: 0.4 mil. B. Light brushed finish on pipe and fittings before anodizing. 2.04 FABRICATION A. Use materials of size, thickness, and type required to produce required strength and durability. B. Fabricate with accurate angles and surfaces which are true to the required lines and levels, grinding welds smooth and flush, forming exposed connections with hairline joints, and using concealed fasteners wherever possible. C. Form connections and changes in direction by using prefabricated fittings or radius bends. D. Form elbow bends and wall returns to uniform radius, free from buckles and twists, with smooth finished surfaces. E. Remove burrs from exposed cut edges. F. Close pipe ends using prefabricated fittings. G. Fabricate joints of exterior units to exclude water or provide weep holes where water may accumulate. H. Coat surfaces to be in contact with concrete with bituminous paint. PART 3 - EXECUTION 3.01 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.02 INSTALLATION EXHIBIT'A' - Page 230 of 254 A. Assemble and install in accordance with manufacturer's written instructions. B. Set rails horizontal or parallel to slope of surface or rake of steps to within 1/8 inch in 10 feet. C. Provide toe plate except on stairs, where concrete curb provided and on top of walls that project above grade where foot traffic is not feasible. 3.03 CLEANING A. Clean as recommended by railing manufacturer. Do not use acid, steel wool, or harsh abrasive. B. If stains remain after cleaning, remove finish and restore in accordance with manufacturer's recommendations. END OF SECTION EXHIBIT'A' - Page 231 of 254 DIVISION 6 WOOD AND PLASTICS EXHIBIT'A' - Page 233 of 254 SECTION 06525 FIBERGLASS REINFORCED GRATING PART 1 —GENERAL 1.01 SUMMARY A. Where shown on the drawings, provide fiberglass grating as specified herein, and as needed for a complete and proper installation. B. Where shown on the drawings provide fiberglass platforms consisting of fiberglass grating and support framing as specified herein, and as needed for a complete and proper installation C. Section Includes: 1. Design, fabrication, and erection of fiberglass grating and support framing. 2. System accessories. 1.02 REFERENCES A. ASTM: American Society for Testing and Materials B. OSHA: Occupational Safety and Health Administration 1.03 SYSTEM DESCRIPTION A. Design Requirements: 1. Design Loads: a. 100 pounds per square foot uniform live load. b. 400 pounds moving concentrated live load. 2. 1/4 inch maximum deflection under 100 pounds per square foot uniform live load for grating and treads. 3. U240 maximum deflection for support members. 1.04 SUBMITTALS A. Shop Drawings: 1. Type, layout, dimensions, design loads, fasteners, and Iocations. 2. Stamped by Professional Engineer registered in State of Indiana. B. Product Data: 1. Manufacturer's literature. C. Submit in accordance with Section 01330. 1.05 QUALITY ASSURANCE A. Grating shall be end product of one manufacturer to achieve standardization of appearance. EXHIBIT'A' - Page 235 of 254 PART 2 — PRODUCTS 2.01 GENERAL A. Provide shop -fabricated grating and accessories such as frames, support angles, and fasteners. B. Seal cut edges with compatible resin. C. Provide fastening devices to firmly anchor grating and treads to supports. Sections designated as removable shall not be attached to supports. 1. Minimum of 4 per panel, maximum 4 feet on center. 2. Shall allow for repeated removal. 3. Minimum 1/4 inch bolts or self tapping screws. 4. 316 stainless steel or fiberglass. D. Provide additional supports at openings in grating panels. E. Panels shall bear on supports a minimum of 1-1/2 inches. F. Minimum width of panels shall be 16 inches except for locations requiring a single piece. G. Maximum width of panels shall be 60 inches. H. Concrete anchors shall conform to requirements of Section 05500. 2.02 GRATING A. Manufacturers: 1. Fibergrate Safe-T-Span. 2. Strongwell DURADEK. 3. Corgrate SI. 4. Or equal. B. Materials: 1. Premium polyester UV inhibited resin with continuous glass filament reinforcement. 2. Resin rich exterior surfaces free of air bubbles and dry glass. 3. Self extinguishing in accordance with ASTM D635. 4. Flame spread of 25 or less in accordance with ASTM E84. C. Provide surface with skid resistant grit finish. D. Pultruded I -bar grating with bearing bars at equally spaced as determined by manufactuer and cross bars at maximum 12 inches on center. 2.03 GRATING SUPPORT ANGLES A. Fiberglass angles especially fabricated to be cast into the concrete to provide a suitable bearing ledge to support the grating. B. Support angles shall be supplied by the grating manufacturer. EXHIBIT'A' - Page 236 of 254 C. The angle materials shall meet the criteria established for Structural Shapes as described herein. 2.04 STRUCTURAL SHAPES A. Manufacturers: 1. Dynaform by Fibergrate. 2. Pultex Series by Creative Pultrusions, Inc. 3. Extren Series by Strongwell. 4. Or equal. B. Materials: 1. Pultruded fiberglass angles, channels, and other structural shapes. 2. Reinforcement shall consist of combination fiberglass roving, continuous strand, and veil material. 3. Premium polyester UV inhibited resin with surface veil on all faces. 4. Resin rich exterior surfaces free of air bubbles and dry glass. 5. Self extinguishing in accordance with ASTM D635. 6. Flame spread of 25 or.less in accordance with ASTM E84. 2.05 GRATING EDGE RAMPS A. Manufacturers: 1. Fibergrate Grating Edge Ramps. 2. Or Equal. B. Materials: 1. Fiberglass ramps to compensate for un-level conditions. 2. Constructed of same materials as fiberglass grating. 2.06 COVER PLATE A. Manufacturers: 1. Fibergrate Fiberplate. 2. Or Equal. B. Materials: 1. Solid fiberglass plate constructed of multiple layers of fiberglass reinforcement and resin. 2. Constructed of same materials as fiberglass grating. 2.07 ACCESSORIES A. Bolts, rivets, and other connectors shall be 316 SST. B. Concrete anchors shall be stainless steel conforming to requirements of Section 05500. PART 3 — EXECUTION 3.01 SURFACE CONDITIONS EXHIBIT'A' - Page 237 of 254 A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.02 INSTALLATION A. Install in accordance with manufacturer's written instructions. B. Clearances: 1. 1/4 inch maximum from metal sections. 2. 1/2 inch maximum from concrete or masonry walls. 3. 1/4 inch maximum between sections. C. Seal cut edges with compatible resin. END OF SECTION EXHIBIT'A' - Page 238 of 254 RICHMOND SANITARY DISTRICT WM. E. ROSS WASTEWATER TREATMENT PLANT GRATING AND RAILING IMPROVEMENTS (Al) Qir_unnnmn mnleKIe PREPARED FOR: 6� yRlchmond Sanf4lry UIS1Ac1 fegdOND SNOTARY D80ECf Ma ON4IN�saJa1 765-90.7-7a50 - . PREPARED BY: 1) DONOHUE MJy� 101 W. O ST. J°� SUITE 920 OrOWNP0U9. W 482N . pu . Jn—zea—ezao @z& »ze@d-% 28lHX3 G | | § | § ! /| U o RICnaoSANITARY DISTRICT _,E� a_s __m_mnT� r ■� By !r 0 , i GRATING AND RAILING _maaN , o «now mA § (z §||ul.. a� TO DRAWINGS m • V9Z 10 6t Z 96ed -.V. 1191 HX3 II . 1.5 , 0 0 zf,�E $ p g $$ m ao 1cpo / =6 oz ¢ z b F c $ e S2 c m C 2 qo2 m S2 g z g tmn ms z 9 z m aFe P z i z�mzvzuq-99BU22- 4 ® 19 €T Z Z m � c m 0. NI OW s ob 22c D c s b "O rn ALm. g n w D qg� r 8 1 Z y B C B m cn K m c Z m g 2 D -- m € z m $ z =i m z S2 0/ � z 8 P P g� a vR MIMIRvo �a$ �R�� 111111 g 9ggsf Pg a o Q 11 ps 11, s �Ps peass>a s s EQs za gF s I$ 4 p € q n A�bgooa $4 "Sg al g 5�b � 9�PP3£ 8 -z ,r7i, inn £4ega e�5gga�s p gg RwHbn R�vuM OasMrm pmn Clroclm0 - r%M1 RICHMOND SANITARY DISTRICT D 0 WM. E. ROSS WASTEWATER TREATMENT PLANT 0 GRATING AND RAILING IMPROVEMENTS o w O RICHMOND, INDIANA > 9 N �S " CGENERAL LEGEND 9 9 9 m SYMBOLS AND ABBREVIATIONS CONTRACTOR LAYDOWN ARE - on W D —E, APPAD,O,A]TE 240A 600 BI]. 600� (j Jf/ rn O� 2w rao ni 51_ STRUCTUREINDEX R a Dx) E GIU]T�iOi. AY,�]KKB Sm �i Dn F�' C ZM &IPBMD �ER,y A`JE uMV CtAPignA uxmn W WPB Na 1 Ma+TPI PPRAIq Paxl]w]IB tlAPP,EA xa ] x]OF LM AFCgxDBUHPRPupTCWITEA W. nEGf.tCAnAA PAAW,TCP]pPAJ,14n ♦xditAx P�munY W PAtA Pa T LWnMP MwunraA 29E m n � uB P Cm RGACrrn xo.x �WN[FNINATnI B�AILPJB ROWDYBIn4EA FTRUFIRBOP a f � aB cwrmAP BJIExuTnure CIAPBIEA i n , �a�wGPR`�EAPE`�"T,Area'A"AAB,°�"BPPox PnaR� aAAPaR Pax AIn a�A M?wnanmclARwm xa] �YAPww,R,ePPEBareo,APP.AIa, Gp]mw�n t, PA59A i�a1 r^w6.B4Pt v, Am:roTu B,KKi P=A ]2n A, Itt A4aB ,ip1ATpN T.I. Apumvi]wrs,Bux;PABSD ^EA]TpNTAN�, BBKKAPA4BA Ce]yMM BY T. m TY]PTAIOD,, B]�KKD, oA49B Revs BY TJB ],] s'sii EB]1pNT]PXa WKK4PAE9C .�wA,�'wi.x��a eWiea:'i.�sve rna.a By m v AEAATwTYwa:BYJoIioABBe AEPuIgPTAwq e.wi a vwssA APpowE Br rJe Giivr� OPxbf-tDAG Yl AFM�TAWn, BnKK0, vA55B AEA ANrt4 BYR4PIS9e mJTAxrs-wMay.sBa ProPs,Pe. 13247 �— m m AEAnIYMrA•�tt4PAffiA iu�w.s v�rMi vwi Y, v]xsa �°01e APri12018 m,A�BAKKT..�D ��rAPm, e.w, A . aKK4PABBA EAATpP rAKKs, ouol G, PAss o ]]] wl AERAT]kxTAw6,P AePATnxrunm, e]KKPvnavA MW - AAFAA,WNTAN ]W .D] �BAWI�q�PA®c PBYi Bu4DM0 Z g a snu+smllo�nmA.i.eP F- W rcu]a�e] F U W s. Pao. W ¢weePUR�� n OW. W im A°nnwuv BrA,uJ 41ATwP uPTeaT,oP 0 W C Q U) �wu�rePa K Z p F Z B� �M ]Pi a •�m�T1ic�eT.P�R Z Q.Zl Z Q r�s x,BD,RP, 95 � 3 nl Zypx a n. ncBsTw ln. 2 3: Q M U) N y Tim ro o Im xnnmx]oawmmlo TNPLLl Po.xmEoawoPPso]nmrowor „w mnm U Z K Z aewvAessw mAlwo W U' Nam, �MRPB:ADT04OCnIVTiE44BR BIOB] PEiYaEBUPlII1B '4PM N ]tFYJ1 Al-002-CK-1 ti5Z 10 617Z 06ed - H. LITHX3 v � s Z t �A �A m �� mmy H D 2 g �' /.j g v g new�ae�u.ck+an ocwn rn.cime mn RICHMOND SANITARY DISTRICT By w 0 WM. E. ROSS WASTEWATER TREATMENT PLANT a' g 0 GRATING AND RAILING IMPROVEMENTS o " O RICHMOND, INDIANA - ti CPARSHALL FLUME STRUCTURE 9 m - REMOVALPLAN 179ZIO MIZ a6ed-,V.Ile IHX3 a v � s Z 1!$4 po 70 YP SS S-T fV-1V ]ZS ❑G¢pg� O �� a r O a� aei,M oe,cnaan ores cn.oma my RICHMOND SANITARY DISTRICT O WM. E. ROSS WASTEWATER TREATMENT PLANT g s m s GRATING AND RAILING IMPROVEMENTS o Q1 O RICHMOND, INDIANA > W CPARSHALLFLUME STRUCTURE �3 :2 m m m PLAN 44Z;O 9tZ abed-,V.1191H)G c v h � a z a r c v v m - C• m z m g� rA g� p z RICHMOND SANITARY DISTRICT a 0 WM. E. ROSS WASTEWATER TREATMENT PLANT q s g Z GRATING AND RAILING IMPROVEMENTS RICHMOND, INDIANA 0 n N 1 C OLD LAB BUILDING 4 °�' m REMOVAL PLAN i o-swz-w 3nHON04C +s'riw Isuce-n 61N 1-sox-Ir 5® 3 11tl13O tl NOLLO3S G)m z o (7 'D �tll x Z_O AzD0 o o W�ZW o y 66 p1[ jam=. rn DO D �+ anrnizss.nl Fm m aa6alramroo-.nunm iialYtl0 ma a3pnblmaltlod alvuw - 1 v s sloe aalais ppumne 0 u�ru�ewmonbam rx N r b etloM]IIaNNOW D arry sllee ssyl 1 elaz uldv Nave 13A31 H3ddN 1tlLLUVd L4ZEl 'w+w!oa arl Aev�dav sn Ap wc.�o 8Y1 Ap uesa 1 A0 w�+il oo Q 33931a1dlldNOl J1lM pnurboebdoapnatv+a.l 4 1-s�oaSl�y �le�mz-tla,. m � 3Y1Vtl1Z66.>!1 � 4 3v9 V3 vaNd9 ATMq] WIaNs sr ulu+anv / '6lIO19NNYtlOW 3vNVAativ ®'iV 611Op 66 Al 4 My v31YJRIIp 6tl 631B6Td+Vdlp uiLLWv30W)tld T tl36a4l Yn MJLLYJOI IrNIi 'AWv3]N3b39bbvip330t91NIabV @Ia 6vNlMatq aarNrcWOW'vNiltltiv Nl � s OtlCO3tl IX+Il6pp N0v33OB 3bVv30NObd 6NOI6N3WO 2 vWladO N].0 30Nvtld NOW. b151+0. b6@NNOLLV.flbpaJ O1 b041d9+OLLYA3l3 •�. m= arvsnasnpwpm�dunnanamNs uoloralNm 1 ` _ �— _ g :SaLON lVU3N39 --� _— — -- - ITIFN V N O N N rn c0 a Q L EO i L'S'tl06Z'Ltl - o�.c- rc ,tea Bq•Bl - ( �FSn. -- - — Ntlld M3ddn 6 3nHONOaC •, z f \ - au 3 =yn 22 3 y 5-0 Z DOH O mi� 3 \ m Z 1 -i 1 I Julaz Ndv wNarloa MCL £N'O'Id6BWi mwgj i I I Htt PHw�1r q I i 6D 1H Dew�U I er I I i erl LH w.B+O I I erl tHP*4ggW I , I I I 'snwary I \ I air TWOa03rWOJ'm�laO.Nf5 a015m3noM3tl t \ . . Btw tlaurrmAnvma - . / 6v wvae aOQt33dW'Ht1N wJR-LNuxmme �a \ VOtL / o1N315Va Taaorv313a>zn wJR-z lasxmM \ .- ai3x.Nm olrolsra�lora trel»ewJR-LNLLx � \ N011�3NNOJ 31gBVdRJ PIIg9l3rJN634x0lId'449M 'P \ � // A Ritltl103a / Y SV Nv3H a0@133dOJ'S1lOHwJR-LNIN1WYiHL-01B �!, / g' Ol PL33SVd YbgK-313a�N0'Jw JR•L HIVAINM \ , , / 313a>iOJ 01 N316Bd YN3 H]V31V 611pH wJR•LNllM NOLL031BlOJ H1TNV atV)P/14A1310Np 30NONd'BIrBM T \ \� @f3 HTI31V HaQ1]r1V \ / 313a3bJwJR-L Q1/91lW wJR•La0 PV16B31W - / NOLL�3aWJ31DNV dYJ PINr+V13R]Ib 30xoad'R'mIM L \^ \ - /� �/ sL3raroalsm n33ru3e a3u+37 \ / 33; Q •l;' l RLO SN NV -id .l �310Ntlld / TgIl101aPrd ': '� / CNNW1fOi6lN3JLdPIW 1N3LB1VATIOdp lON Y �:� ✓� m� - m+ara3wva�mlioernlr - •/ �:` 810tBlrlNOLItKtl130V�Dal O1l�3T3 AVM tlD10tla1NW Z �'� 1- NdL�OtlIRIW tlO.@ry NOLLYiPRVl Ol tbCU SrroLLVA3l3 \ �'� ` `.0 �\ %.. �-. / g unsngsN3roarnuBanmau mmuaoL�valNm T _ r .. - g :S310N ltlM3N3`J i 179Z JO gyZ abed - .`d,1181HX3 ' 1 tj T 9, N�mm 3.9 $ A qm o rtl � RICHMOND SANITARY DISTRICT p 's STEWATER TREATMENT PLANT O WM. E. ROSS WAm m o GRATING AND RAILING IMPROVEMENTS a o z RICHMOND, INDIANA PRIMARY CLARIFIER NO. 9 ti C PLAN V V9Z 10 617Z abed - .V, 1181HX3 c v � y 10 9 � p — 2wPa m Z z ig y gg H �n N z oz o M R I g 4 P,vaon Rrvdon DeecNAon Qmn CnesW 6n � v RICHMOND SANITARY DISTRICT. § � � 3 � 18inip" ar BY $ WM. E. ROSS WASTEWATER TREATMENT PLANT GRATING AND RAILING IMPROVEMENTS $ r Z RICHMOND, INDIANA o y C PRIMARY CLARIFIER NO.10 m m PLAN ygZ;O 09Z G6ed - M. -LISMS c j Ai gull8} �^HiAb His. Rs0 p0�p. i9�q 3 y❑ �� R is Roo: RoU a: A-m 8 be 8 52 gb 22 g �a F Rmaron Rrviun dcnµon dawn CM[M paY 4 RICHMOND SANITARY DISTRICT � � � a � .s e 0 WM. E. ROSS WASTEWATER TREATMENT PLANT 0 GRATING AND RAILING IMPROVEMENTS c N O RICHMOND, INDIANA D N N = PRIMARY CLARIFIER NO. 17 m PLAN V pgZ;o 65Z 96ed - .V, 1181HX3 44Z Jo Z9Z abed -.V. i181HX3 a + r O m z r m A r Fg-1 P v _ m S p8 m 0 I! Z. g ag y g F1P � g \� g q gg Nw Ee, R sbnO rigbn Bb0 RR 5 � RICHMOND SANITARY DISTRICT 0 WM. E. ROSS WASTEWATER TREATMENT PLANT D GRATING AND RAILING IMPROVEMENTS o a ® RICHMOND, INDIANA y N S = TERTIARY BUILDING 9 m P mREMOVALPLAN 0 CD CD Vt W O N cyl GENERAL STRUCTURAL NOTES ovmuL +. rl�aEn¢RAL STRLCTu9u lArss.vm srAlaATlosmNcnwu DErAne AaPLrro THE QRIRE PROTECT Ve1E39 SPEQFlCLLLT lgIm OTtTNASE DESIGN CPoTERN 1. DESIGN Mq CON9TRUCr WCOtdORMPNCE WITH THEINIERINTpNAL BULgNa CODE, 2013 EDIIgN V41H INIIA Wl PMEf.mM ENTa. 2—RIMP06EDOEM 14— A FLOORLNELOADS 1OO— NETAL9 1. 6TEEL A Vl6HME8 S GPMIMC EIUPES ASIY A63} ASTN AM G SOUAREOR RELTANOt1lAR TLHE 0. NPE ETT.EDANG A6TY A500, GPAq: B, l6 RS1 ASTY AS] SAR9 — F. SCLLONNELT10119 FOR STEEL MENSFA9 ASTY M6 AT A»S O. BOLTEO CONNECI1gE FOR AUMINUM NEMSER3 H M.E. sTEEI 9TAMLE998TEFL 1.IXTERpRANp 6UEMERG[D II6E5 AIq, TYPE Of6 A 61UPESANO %AYES' 1 AIA:NOR BAT&1?MINLNN M: ALLOY 6061-TB OR OW3T6 AI6I. TTFE ]Ie l NELD6RlUOTURAl STEELL\iTH E)GYfIEIfGTTY]ES INPLCCROMCENITHAWS S. VlELDKIMINNINACCDRO4CE\MTH Aw6umMR3U1wEMENrS REONRQlQR6 O. COAT AlIM116M 6URFA[EB IN-1-1 MAMCONCRETE IN A[COROIJKE VATHM —EMEM5.lR61F.RN0—MSTA SSHALL ALWOmM CgOTACT g99MILAR METALS YISCEIWdOO9 I. VEPoFYFERRIhItr IXl91MJ CCN01lIONS A�AI]NEH40N5 S60RE STPRTRIG �NSTRILTE)N M OOR FABRI G1pN RELeOVA13 I. REMOVEALL[9uCAE1EANCfARS ANtl1DR BOLT6ANDOTHQi EMBELUQR6A YPtMUN OF I'BEYOND FWSNED STANCE ANO PATCH 6NRFACE\NTH MTCHNG YORTM 10 MATCH IXISTINO. RAEAq 1/4- IL 4- TOEQOMA EAST RAO➢!D TCEROIJm NORt2pNTALRMIND ElEVATpN ENBE[OED RAILING DETAIL S531 xrs --1� ,, •CLR 1?CLR �� «w. NA% GRASIG �� PATPIO RETM✓ERMTEATALL aDEII EDGES. ATTACH TO 6URORI NEMPFA staPrnT.VctE 9�011<LLV �� ANYOR9m IPOL 611PPdt1V1G YEL1aFf! iL ES; 1. UMESSOTIEFYAS MA GM MMATERW. z I+IanDECRwma swvornsuLARanmoPENlc lP8E:60REM16ENDTEO. x q�aEs9 oileR�msE�NmE�o OVQtINTFAANSWPORi GRATING SUPPORT DETAIL S540 M6 1, HOT gPGALVM9ZEALL CONPOIh}1T8F0.1DVAN3 MBmurlwt i A-36WllLSE3166S,I➢dESSNOTED OTHEEnVSE CIRCULAR CLARIFIER GRATING SUPPORT DETAIL S590 ilTB qan BY TJB L�eN�eaw us uw60y TJB FY�Y� BW61.ON0 liojeiih 13247 RCVn Daa Aprf12018 I- 5 a� F FLu Z. U � QQw CL pWfL' Z Q 0: 1 z O z¢7_Zfn U� awIn U)z Z _ ¢ Z U �oF ui Z)DONOHUE 16 A1-999S-1 o y ti{ o 'I y * U 4p 4 113RICE REQUEST � r CM l i OF xV.l.i11Y1OND NT OF SANITATION 2380L1BERTYAVENUE.RICHMOND,,INDIANA47374 THIS IS NOT AN ORDER PHONE (765) 983-7450.FAX(765) 962-2669 VENDOR INSTRUCTIONS This is a request for a price for the services of materials described below. Any additional specifications may be attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: August 16, 2018 September 11, 2018 by IO:OOAM _ UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for proposals for Grating and Railing .Improvements Project. Please see attached specifications. All E-Verify requirements will apply to this quote. Please include a Certificate of Insurance and any warranty information. Pre -Quote meeting will be Aunust 29th at 10:OOAM at Richmond Sanitary District Administration Building. Return the quote in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Svc Mgr 2.380 Liberty Avenue Richmond, IN 473.74 Re: Grating and Railing lmprovments If you have any questions please call Elilah Welch at 765-983-7483. STATE TAX EXEMPTION # 003121909-0o1 Richmond Sanitary'District NAME OF FIRM QUOTING: /blctJd o c ' 17Ja.Sf- W 61 .AUTHORIZED BY SIGNATURE TITLE (jf71 8>0 -ayes DATE PHONE NUMBER EXHIBIT'B' - Page 1 of 8 BIDDER'S PROPOSAL FORM TO: Richmond Sanitary District Wm. E Ross Wastewater Treatment Plant 2380 Liberty Avenue Richmond, Indiana 47374 BID FOR: Wm. E. Ross Wastewater Treatment Plant Grating and Railing Improvements BID FROM: Name: Address: Phone #: (3 /7) 870 - Ag00 THE UNDERSIGNED: 1. Acknowledges receipt of bid documents, including the following addendum (addenda): Addendum No. Dated: 2. Has examined all bid documents. 3. Agrees to: A. Hold this bid open until i calendar days after bid opening date. B. Enter into and execute an agreement with the Richmond Sanitary District, when awarded on the basis of this bid, and in connection therewith to the specifications provided. 4. BID: Contractor agrees to provide all labor, equipment, material, and supplies necessary for the Wm. E. Ross Wastewater Treatment Plant Grating and Railing Improvements Project as specified in the Bid Documents, within the time frame set forth herein, for the sum of: $ g 7, q a- qo o fI (DOLLARS) (Amount in Figures) c�yhf /,u4drQJ iwfAfy foyer (Amount in Words) (Amount shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) 5. Subcontractors - name and address. If none, so indicate Non e . Contractor agrees to submit the names of any other subcontractors to Owner's Representative for approval prior to the subcontractor commencing any work on the Project and contractor understands that all subcontractors must meet the insurance requirements set forth in the Contract Documents prior to commencing any work on the Project. IN TESTIMONY WHEREOF, the Bidder has hereunto set his hand this i l -M day of 2019. ct dda;c �` nrlws�r: l 6rou� Business Name By: Authorized Signatory EXHIBIT'B' - Page 2 of 8 Verify Requirements: Definitions: E-Ver; Pro rgram, — A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act -of 1996 (P.L. 104-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 (a) (2); and 3. A -purchase order has been issued by the Purchasing Department. n n a a a II n a Gan an" a a an an a a a an a a a on G an an G a a a a a a a a a a an an G an an a n a an G a a a an an a a a a a a a a a n A a a a Utz a CON PLIANCE WITA INDMNA E-V=HT PROGRAM RtQUMEMIVTS Pursuant to Indiana Code 22.5.1,7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor thuough the Indiana. E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7 (a) (2). Irf the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (30) days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty (3 0) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest orpublic property, the City may allow this Agreement to remain in effect until the City procures anew contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. EXHIBIT'B' - Page 3 Of 8 ' Affidavit of Employment Eligibility Verification The Contractor, Mcec& W'66w f r0c' , affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted,with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program.. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is paaticipating in the E-Verify program. The Contractor will maintainthis certification throughout the duration ofthe term of a contract with a subcontractor. I hereby verify under the penalty of pezjuty that the foregoing statement is true. Dated this UOfday of J �fL7116PI- ,20IF. Jrw-� � (signatw e) (printed name) ,p`e�., LORA L BARKER �zoTgq` c NOTARY PUBLIC STATE * , e OF INDIANA JOIiNSON.COUNTY COMM.%��,` �'iiii COMM E%P RER 0419.2023 EXHIBIT'B' - Page 4 of 8 RZAN 1NVESTIVIENT ACTIVITIES Pursuant to Indiana Code (IC) 5 22-1.6.5, Contractor certifies that Contractor is not engaged in . investment activities in Iran. In the event City determines during the course of this Agreement that this. certification is no longer valid, City shall notify Contractor in writing of said determination and -shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Sian within ninety (90) days after the written notice is given to the Contractor, fhe City may proceed with any remedies it may have pursuant to IC 522-16.5. In the event the City - determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and teimmate the agreement upon the expiration of the ninety (90) day period set forth above. . EXHIBIT'B' - Page 5 of 8 I mic FESCUE CONFINED SPACE RESCUE & ROPE ACCESS RICHMOND GRATING & RAILING CONTACT: Denise Jbhns6ii Office: 765-983-7450 THIS PROPOSAL IS GOOD FOR 30 DAYS "YOUR ENDUSTRML SOLUTIONS SPECIALIST" MADDOX INDUSTRIAL GROUP, INC. 5906 S Harding St Indianapolis, IN 46217 PH.317-870-2400 FAX.317-870-2410 WWW.MADDOXINDUSTRIAL.COM INDUSTRIAL MECHANICAL— ELECTRICAL— MILLWRIGHT - MAINTENANCE EXHIBIT'B' - Page 6 of 8 MADDOX INDUSTRIAL GROUP INDiJ5S,7R1AL 50LUTto SPEGIALI5 Sept 11, 2018 City of Richmond 2380 Liberty Avenue Richmond, IN 47374 Attn: Denise Johnson Reference: Grating & Railing Improvements Thank you for allowing us to quote this project. Our scope of work consists of the following: Scope of Work: 1. We will provide all materials, labor, and equipment to remove existing FPR grating and associated supports in the designated areas provided in drawings A1-120-R-1 through A1-999-S-1. 2. We will install new supports and FPR grating in designated areas provided in drawings A1-120-R-1 through A1-999-S-1. 3. We will provide all materials, labor, and equipment to make repairs to handrail, detailed in drawing A1-500-S-1. 4. Where FPR grating height is not specified, changes in 5. We will provide a dumpster to haul off material removed. 6. We will provide an extended reach forklift to transport materials. Exceptions & Exclusions: 1. Payment Terms are Net 30 Days. 2. No additional work included other than listed above. 3. No shift work included. 4. No overtime work included. 5. No permits, licenses or fees included. 6. No electrical included. 7. Where FPR grating height is not specified, additional cost may occur. 8. Where support materials are not specified, additional cost may occur. 9. Price for materials are subject to change without notice. Price will be confirmed at time of order. 10. Any additional work performed will be billed under the Maddox Industrial T&M agreement provided. 11. Customer to provide free clear issue to perform work by MIG, delays of materials, equipment or change in schedule that impact or accelerated schedule beyond MIG control will incur additional cost for impact of schedule. 12. No Retainage withheld Invoices not paid within 30 days are subject to a 1.5% service charge and subject to Lien rights and attorney fees. BUDGETARY PRICE: $ 87,824.00 If you have any questions concerning this quote, please feel free to call me. Sincerely, Maddox Industrial Group, Inc. Sax gadw- Project Engineer/Manager Cell 765-750-1745 Ph. 317-706-4936 5906 S Harding St Indianapolis IN, 464�I6R-,B3- gA- 7A--A400 www.maddoxindustrial.com fv1'ADDOX INDUSTRIAL,GROUP IN, DUS�TRIN SOLUTION, �5-EGIA'L181T It is understood and agreed that Contractor shall enter into a written contracts with subcontractors and vendors (collectively "Subcontractors") for the performance of portions of the work to be performed under the terms of this Contract ("Subcontracts"). Under said Subcontracts between Contractor and Subcontractors, Contractor shall use reasonable efforts to contractually require the Subcontractors to: (a) assume liability and responsibility both to Owner and Contractor for any material defects and deficiencies in the work performed by the Subcontractor ("Subcontract Work") for a period of one (1) year after the performance of Subcontractor's Work; (b) correct and repair or cause to be corrected and repaired any such material defects or deficiencies in the Subcontract Work resulting from errors and omissions by the Subcontractor, and (c) cause Owner to be an express third party beneficiary of the above (a) and (b) Subcontractors' warranties and guarantees to the extent contained in the Subcontracts. Contractor hereby assigns its right, title and interest in and to all such warranties and guarantees of its Subcontractors contained in the Subcontracts to Owner, effective upon the payment by Owner of all amounts required to be paid to Contractor hereunder. Notwithstanding the foregoing assignment, Contractor may, but shall have no obligation or duty whatsoever, to assert a claim against a Subcontractor to enforce any such warranty or guarantee. Notwithstanding any other terms or provisions of this Contract or any other agreement between Contractor and Owner, Owner's sole and exclusive remedies in connection with the Subcontract Work performed by a Subcontractor, and all claims, damages, demands, losses, expenses, fines, causes of action, suits, or other liabilities resulting therefrom, shall lie solely against the Subcontractor that performed the Subcontract Work and Owner hereby releases and agrees to indemnify and hold harmless Contractor from any defects and deficiencies in the work performed by a Subcontractor, and all claims, damages, demands, losses, expenses, fines, causes of action, suits, or other liabilities resulting directly or indirectly therefrom, including without limitation Contractor's attorneys' fees. 5906 S Harding St Indianapolis IN, 4624(� fBg:.B !1 ,79oA400 www.maddoxindustiial.com