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HomeMy Public PortalAbout141-2021 - Maddox - grating and railing improvements AGREEMENT Ad THIS AGREEMENT made and entered into this ;4;1, day of No If e er 2021, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board ;1'1 of Sanitary Commissioners (referred to as the "City"), and Maddox Industrial Group, 5906 S. Harding Street,Indianapolis,IN 46217(hereinafter referred to as the"Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to for the Wm. E. Ross Wastewater Treatment Plant grating and railing improvements project,which work is more particularly described on Exhibit"A", which is the City's request for quotes, and first addendum thereto, which is attached and incorporated by referenced herein. Additionally, Contractor shall comply with its proposal to the work described herein,which is attached hereto as Exhibit"B"and incorporated by reference herein. 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. SECTION HI. COMPENSATION City shall pay the sum of Fifty-Six Thousand Nine Hundred Eighty-Nine Dollars and 00/100 ($56,939.00)for the total project cost. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto. 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 are 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; Contract No.141-2021 1 I Page 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 fundipg 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 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 2 I Page 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 22-5L7, 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 H-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 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 peiiod 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 (e)the Contractor will remain liable to the City for actual damages. SECTION VITT. 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 refitted 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) clay period set forth above. 3 I Page 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-I, the Contractor agrees: 1. That in the luring 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; 2. 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 etnployee 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 dayduringwhich such person was discriminated against or intimidated I? in violation of the provisions of the Agreement; and 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 he 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. 4 I rage This Agreement may be simultaneously executed in several counterparts,each of which shall be an original and al[ 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 parties,and no presumption or as if drafted jointlybythe p arises,tlii5 Agreement shall be construed p burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 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. 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'r.:., 0'r) *% P•• +.4,*4 '1111 14'11'1'1'11111111'141I'll111111111111111111111 PH111 '...„ 1„,,1,1,11141,4,41,41,41141:41141111,,,/:"4,hmur,„,11111:::::::,,,,,::::::::1,:,,:;I: 144444 ,I..111111111111 ...II..„ „ 4',11111111111111,4141,1,1,1,1,111 111 1111111111„,,,„1,;,„,„14,,,,,IIIIIIIIIIII„,„,„„41414141111 iiitAtiollitil- r00144,,„1„4„. 111111114,11111„,„„,„,„(1,1,1,1,1,11,11,1„: 111441411111111111101.1,111 IIIIIIIIIIIi111,1,11111111111111111111:1:14:1:1,„4 14,4„11I411111111„„4„1.411111111„I,11,11,„111111„„„„10IIIII1 III1111111111114,41414,14,11„1 .„,„1„1„1„1",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,:,""illIIIIIII;141„,,,„„,414 ';';;111'1111'11111114141:1:114114141,11(111„,„,11, „ , II 4.,,11141„144414141441.1,,„„„„„„:„111111, 1 i'5)) 111111„(1111„„,„„4„ 1 1„'„:111„141,411,11.1,4,1,111"1„1„4II',„„1„414,4141414111111.1I1,4,44,4„1„„4!1,41,4,„„4,414,4„4„4,1„41„,„1,4„4,,l,„„Ip4„111 4„1111111114',441„',4,4,1I„,„1"„41„„„4„.1,44.4, , 11 1,111,T1,414111,11111114 111414141„„1„1„„1411411411114,414,4„4„4„4:111:14,14:4.!!!%„„„„„„:"„„ 1114„,444,,,,,,,414,41t4444,141„4„4144,4„,,„111.4.4.11,114,,,,,44444,4„„„h 111111111ml 11 4.11„„111,11„11111„1„4„: 10111 II111),1„441"1""'1111111414,141„„„11,1„d1" „1,11"111:1,11:14.4.",„41,1,41,4„„H„1141.4 111„11(14,14„IIIIIII14.1.1114,,„„„„, 1111111111111101i „„i14,14,11,1411,1111„„„„1.14,14,1.14,1'„i 1111,11111,111,1„1„1„„II1,11,1'111111,1,,I,14,11,, '''''''1'1'1'1:11114141111414111111111IiI4,14,11141111114,141141111,1,1,1,1,1,1,1,1,1,1,1,111,1,,„1,„,,,,,,,,,,, 1,',,11,„1":1,,,i111,1,11111,111,,,,,,,,„1„,,,,,,,41,41,4„,i''''11411'''''1"111111111,14,14,14, '111'11'4114I4IIII1III1111111111,11 „4,4"1„:„IiiiI11,1111144111IIII(L 1 '111111111111111,m ,r„4„1„1„„„„, „, 1 11111114114141h1141,'1414114,41'1„1.44,44,„„11141114,4„,„„4,14,4 Hill, , 1444" 4111 1141111111111111.1„1„4„1„1,1„,„„1„111,1,1,111111111,1,4.,4414111,",„ D 0 N 0 Hu E ,11111111111111 „I „mil 1111111 1,11111111.,„,„„„„1„,„1 „.„„„„„Inimilm,„ilimIll„„1„„,1,1 ,,11,1,„„1„,„,„1„1„11111111.?„1111,11,1,1,1,1„,1„,1,,Hill 1111 I."111111,11.11.111„„„, 1111111 0,),1111111.1,11.11111,,,,„11,„,,,,,,,„111111111111„:„„„4/1414,14,„„„,1,,I,1,1,1,1,1,;;1111111 ciates,Inc. 1:11111111111114441111111:,11111111111,1,1,1,1,1),,„„, III 1111 l'I'1111141;14:4444414444,11'111111,.111111111,,.4,1114.1,14,4q11 1111444141414,11 Donohue&Asso 4,„41„,„414,,,,,11),111!,!,,,!,1,11,11,1111:111111,11, 4 1114,11111111i111:111111,4114,1111111111111111,1,1,11414111,4 4,4141:1114,1111,14,1,1,1!11111,11!1,11,11,4114:41,1 ,41,4.111,1,14,14,14,4141:141414:1)4,1411,41„, 4444E1111111g.„1.1,1411,114,!,,1,4114,11, 101 West Ohio Street,Suite 1650 14(0141111,144444 imm11D44111111114,11414414444q,414111,1,,I,I,4,4,4111,1,1,1 411 '111111111111"4111111111111i4 11141/4'4'4'41'11(14141414141144444,44„44,4,44,1,1116,414w,,,,,iiiiiiiiiiimmillii,,,,,,,,,,, 144, 11'1'11111 1111 1111111111,1,11,,,u,,,1,111 1111111111111'1111111'11111 1111 4"11141414illililll4141114111444,,,,144444444 I 40,1411111111,,„,,11 "11111414AI Indianapolis,IN 46204 :4I,,,4,14,41411114,14,4,4,4,11,41411111111,11111,1,1,1,1,4,4„4,4,,1„1;1,Inill 11111414111 111,1,1,1 1111111111111,1111,11,,, 1 „,',444444:1114,„4141",1,100,1,:,:4144, 1111111„,,1„,,,,,„4111. 1111111'11111111111r' „,11111,111,1,111,111,11111,4,1:44141'1111411111111141 hI1111 "' I donohue-associates.corn 11 1 ,11ffild1114411111 1111111111111111111 im, 1111I11111111,114,14 ,11111.- im III 317.267.8200 1,14:414'4'4'14'(411111'111414,4,4,4,4,4,4,4,414,11111,14,1411111114114'1, 11Ill'I',11111111,111,11,11,4111414141,11,,,,,,:,,,,11,11,(1111,1„;,,,,,,, ,4,41414I11111111111111111,4/, iiill,,,,,, ,,,,;,,on4141,1 „,14,144,111044,„,„,,„,,,,,,,1,11,4H, ,,I,,11,4)4,414,,,,,,41111,41414,14,,4,41.1.,,H11,414,111,1,,,,,111,1n4,14,1, 444411444'11414141(111111114,.4, 111111111,1',1141111,11141141,41411111;,141,,,,,41,414?;',4,44,11d4,411',4',1,1414;4;114141414144'41171414,41414'4 Donohue Project No:13860-A7 44414 :1111111111 "1111111,1111,1,,1111.111111114,4,411,4„4„4„1,4,414,1',14,41,4„1,y,4,441,11.inin'illI''III,I14,1\4141,1 (414,4'q4141'14141414:111111111I(Ift4141,111,1;,,,ii,H„,,,,,,,,111,,,,.,,,,,,„„,1,1„1,1,1,1,,,,,,,,, 1:11 1111:1„:;,11,441'11111111y4r,1;1; 441111111111114111,41/14,4111111101,.,111„,,1: „'11111,11,141414,11:: 1 Illiqmi,ft;;I:1111,4„y„!:,'141'1,11114144,1''141111111.(44h,h,l,'.i4,41,1i,4I4o11,10„11: 1 4'4111M11414I44,4,'4,41111444H4'411,44441'n'4'444'''''1111'11„;;,',414141414.14:114,44I4I41141101'..1„,,,,,„11:,:,1„„,,,I,1 1,111111114,11,111,11,„T,1141444,14I4H.4,q,';,,,y,I,1,1111,4'„4,1,.4,1 111,111,14„„'11,11,4,4,401,0444,4,',414,4,44,44.111,4111111,1,1,111,1111,1,,,:i4p,,,,,,,,,,„1„, '1'111:14114'1141414111'lllil'IIII4:4'141,1,4,',,,1141444,,l',4,14,,,,' , 11,1111,„11,11,11„11 444,',011 1 l'41"'"11,1114,4111)!4,,I41'14,111,i4„1 ,114111',444IIII„„4m;:‘,„,„„,„„IIIIII'4,4111:,I,41411'4144 II 4,41';',';11',411'111,11,14,4,4;III':,414,141;,,l'1411114,111441'4'4114,4','I4;:4:441'1,',11,444,144,4,,,:hlii, '411:'1',11',14111:11111'10'4,414:11114:4;,1414,14141I414, EXHIBIT'A -Page 1 of 255 11414111'4144,11',„,,,111, „ ,„414,,,,,,,,IIIIII,14144414:441/141'1,4,,4,41411,',44,4:414141',4,:,,,,I,!„:,41:411,4,4e:11,„:14,1i,,li,11,!,,4,4141:114,11'11,4,1iIII41,,41,1,1,11,111,1,1:1„,,,,, 1 1,4,1,',14A1',1111,1,44:11r(iI4I4:14„4,4,4i1,141,4,1,11 4.'14141'11',1,11I.,14,1111,4,:',4,4kI41,44,4141.,'I')!,I111411'4;441444111116'1:1144,',I,,,,,11/11:11,III4,' 1 „,114„444,,„4,4114,,ITI,1414,0\,:,1,11,,, 11441i.11,41(1114,111141,44,1111,11'111,"/4'11(4111' l' 1'4'4'4! "4 1114"0,11'14I14,4::114' EXHIBIT'A'-Page 2 of 255 PROJECT MANUAL RICHMOND SANITARY DISTRICT WM. E. ROSS WASTEWATER TREATMENT PLANT GRATING AND RAILING IMPROVEMENTS - PART 4 RICHMOND, INDIANA Donohue & Associates 101 West Ohio Street, Suite 1650 Indianapolis, Indiana 46204 Phone: 317-267-8200 Fax: 317-500-4220 Project No. 13860-A7 EXHIBIT'A -Page 3 of 255 fff EXHIBIT'A'-Page 4 of 255 PROJECT MANUAL R|CH8&C]ND SANITARY DISTRICT VVM. E. RQSS WASTEWATER TREATMENT PLANT GRATING AND RAILING IMPROVEMENTS—PART 4 R|CH80OND' |ND|ANA TABLE OF CONTENTS OFFICIAL REQUEST FOR QUOTE ----............. _--- ...... —........ 80100-1 INSTRUCTIONS TO BIDDERS...... ........................... — ............................___ 00280'1 tm002OU-8 � FEDERAL STATE AND LOCAL R]RM8—.....___..........................--............... 00300'1 Affidavit Regarding Nonna,ponxiN|ity.........—_-- ............................ ..... 1 Page Affidavit Regarding Nepotism—.................. ....... ........................... ........ 1 Page Affidavit Regarding Employment of Unauthorized Aliens................... ........ 1 Page Richmond Sanitary District E-VerifyCertification 1 Page BIDDER'S PROPOSAL FORM 00411'1to00411'2 OEER]RMQ ......--_ ........................ —_.................... ---........... 00420'1 &oOU420'2 NOTICE OFAWARD—_—.......................... ................. .......—_—................ .. 00510'1 to 80510'2 AGREEMENT --------- ........................ .......... ............ -- ... _............. 00520'1 hoOO528-8 NOTICETOPROCEED.---- ................---............................ ................... 00550'1 GENERAL CONDITIONS........... 00700'1to00700-65 SUPPLEMENTARY CONDITIONS......... ........................ —......................... 02800-1 to 00800'14 � SPECIFICATIONS O|VU3UON 1 —GENERAL REQUIREMENTS Section,O111O—Summary ofWork —_ ................. 01110'1 to0M1O'2 Section O12Q5—Schedule of Values,........................ _....................... 01205'1to01205-2 Section[n315—Project Meetings-... ---__---- 01315'1to01315-3 GecOonOi321 —Cono�un�om Photographs.................. 01321'1 toU1321-2 Section 0132O—Progress Schedule (Bar Chart Medhod)--_.. 81326-1bx01326'3 Section U133Q—Submittal Procedures..... ........................—_—........ 01338'1to01330'6 Section 0152U—Construction Facilities -- 01520'1 toO152O-4 Section 01575—Environment Protection............... .................... --' 01575'1 to 81575'3 Section O1O15—Material and Equipment...................... 01616'1tm01615-3 Section O1735—Alteration and Demolition Procedures.... .............. 01735-1k» 01735-4 Section 0174Q—Cleaning...................... ............................ ............... 01740'1tu01740-2 Section U1788—Project Record D000mnnb/— ........................... ..... 01789-1 hu0178A-2 Donohue &Associates, Inc. TABLE UFCONTENTS Project No. 138Q0'A7 ExmeIIT'A' Page ouruoa 1 DIVISION 6—METALS Section Q55OU—Metal Fabrications _............—_------ ...... 05500'1 0mOG5OO-4 Section O552O—Metal Railing_..... --_----- 05520-1 to05520-3 Section U5530—Bar Grating 05530-1 &o05630'2 0V18|CJN 8—WOOD AND PLASTICS Section 08525—Fiberglass Reinforced Grating.... ---_---- 06526'1 bo0652S-3 DIVISION 9—FINISHES Section 090GO—Coatings..... 09960-1 to09AGO'5 APPENDIX / TABLE OFCO�NTENS Donohue &Associates, Inc. 2 sxn|o|Txr-Pmoaowrzno Project No. 13860`A7 OFFICIAL REQUEST FOR QUOTE EXHIBIT°A°-Page 7 of 255 EXHIBIT'A"-Page 8 of 255 i,, y �O CITY OF RICHMOND DEPARTMENT°FSANITATION ,PJC� ND,ND/ANA47374 THIS IS NOT AN ORDER PI IONE(765)983-7450.FAX(765)962-2669 U111 AfifuuJ.PVYALIIwd@AIII171YIfID10liRl1011PPllPli%%///I/lFr,DGi/.,✓,v /r,7, i///!✓Uie/!/IlllJrIOUAJIOIA�l�faever IEUII/1555 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 seated 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: September 13, 2021 October 12,2021 by 9:00AM UPON RECEIPT OF INVOICE, DELIVERED DESCRIPTION This is a request for proposals for the Grating and Railing Improvements—Part IV(A7) 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 September 27tt' at 1:00PM 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- Part IV If you have any questions please call Elijah Welch at 765-983-7483. NAME OF FIRM QUOTING: STATE TAX EXEMPTION#0031 2 1 9 0 9-001 AUTHORIZED BY SIGNATURE TITLE Richmond Sanitary District DATE PHONE NUMBER EXHIBIT'A'-Page 9 of 255 EXHIBIT'A'-Page 10 of 255 INSTRUCTIONS TO BIDDERS EXHIBH" A -Page 11 of 255 EXHIBIT'A' Page 12 of 255 INSTRUCTIONS TOBIDDERS ARTICLE 1 —DEFINED TERMS tOl Terms used in these |mstmobono to Bidders have the meanings indicated in the Gonom| � 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 tobaadministered. | 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 ofBidding Documents issued by the Issuing Office, shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors, omixsiono, or misinterpretations resulting Form the use of incomplete sets cfBidding Documents or documents � � issued by some entity other than the Issuing Off ice. 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 OFBIDDERS 3.01 Not Used ARTICLE 4 — SITE, AND OTHER AREAS; EXISTING! SITE CONDITIONS; EXAMINATION OF SITE; OWNERS— SAFETY PROGRAM; OTHER WORK ATSITE 4.81 Site and Other Areas A� The Site is identified in the Bidding Documents. By definition, the Site includes dghts,-uf-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary oomoi,uoUun 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 nr contiguous tothe Site (except Underground Fuuihbaa). 2. Copies ofsubsurface condition reports and drawings of physical conditions will be made available by Owner to any Bidder mn nequnn<. Those reports and drawings are not pad of the Contract Documents, but the Technical Data contained therein upon which Bidder is entitled to naUy 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 |m Article I of the General Conditions will apply. C. Underground Fooi|id*u Information and data shown orindicated in the Bidding Documents with respect toexisting Underground Facilities at or contiguous to the Site are set forth,in the Donohuo &Associates, Inc. INSTRUCTIONS TUBIDDERS Project No. 138OO'A7 80200'1 Contract Documents and are based upon information and data furnished to Owner and Engineer by Owners ofsuch Underground Fmu|idaa. including Owner, or others. Owner and Engineer du not assume responsibility for the accuracy or completeness ihereo[ D, Adequacy of Data: Provisions concerning responsibilities for the adequacy of data, if any, furnished to prospective Bidders with respect to subsurface oond|donn, or other physical conditions and Underground Faoi|idmm, 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 u Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous / Environmental Condition uncovered or revealed u1 the Site which was not shown or indicated ) /n the, Drawings or Specifications or identified in the Contract Document in be within the scope of the Work appear|n Paragraph 5.O0of the General Conditions. 4.03 Site Visit and Testing byBidders A. Bidder shall conduct the required Site visit during normal working houm, and mho|U not disturb any ongoing operations at the Site. B Bidder to conduct testing, or investigations n( � . � Site conditions. C. On request, and to the extent Owner has oonimn| over the Site, and schedule permitting, � the Owner will provide Bidder access to the Site to conduct such additional examinations, investiQaUono, explorations, testo, and oimdie«. as Bidder deems necessary for submission of e Bid. Owner will not have any obligation to grant such aooaoo if doing so is not procdoo| because ufexisting operations, security or safety concerns, or restraints | on Owner's authority regarding the Site. D� Bidder ohe@ comply with, all applicable Laws and Regulations oe|adxo to excavation and U mU|dy locates, obtain all ponmUta, 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 hp|uu and u|aam 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 on 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 |1in the responsibility of each Bidder before submitting Bid to: | | A. examine and carefully study the Bidding Dmcumentm, including any Addenda, and the other related data and reference items identified in the Bidding Documents; B. vUs,it the Site, conduct a thorough visual examination of the Site and adjacent araaa, and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance mf the Work: C� become familiar with and satisfy Bidder as to all Laws and Ragm|mdono that may affect cost, � progress, ur 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 bothe Bidder information commonly known to Bidders doing business in the localiity of the Site; information and observations obtained from INSTRUCTION TO BIDDERS Donohue &Associates, Inc. 00200-2 Project No. 13880-A7 exmomvv Page 1*m2xo visits tothe Site; the Bidding Documents; and all additional or supplementary examinations, imvautigalloms, explorations teob, studias, and data with respect to the effect of such infunnadoo, observations and documents on (1) the ouo1, pm0roee and pedbnnuoce of the Work; (2)tha means, methods, toohniqueo, xequenues, and momoadmmo of construction to be employed by Bidder, including any specific means mothodn, toohniqmoe, sequences and procedures of construction expressly required by the Contract Documents; and (3) Bidder's safety precautions and programs. �F. agrao, based on the information and observations referred toin the preceding puragraph, that at the time of submitting its Bid that no further examina1ionn, invoaQQnUonu, exp|orations, teute, 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 j and conditions of the Bidding Documents; � G. become mmmne 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, ermm, mmbigu|tiea, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer ia acceptable\nBidder. K. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance mf the Work; and � � J. agree that the submission of Bid will constitute an in»untrovertibia 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 pnuoodwrao of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written, notice of all corf|iota, mrrore, ambi0uition, 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 Qmnnm||y emff|ciamt to indicate and convey understanding of all Terms and Conditions for performing and furnishing the Work. ARTICLE G—PRE-BID CONFERENCE 6.01 A Pre-Bid Conference will be held at the time and location n(m[ed in the Request for Quote. Representatives of OWNER and ENGINEER will be present to discuss the Pnojoot. Biddoraarm encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers neoennog/ in n*opunua to quoobmmn � arising at the conference. Oral statements may not be n*|iad upon and will not be binding or � leguHyeffmct|vm. 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 pmdime recorded by Engineer oo 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, momeu(, supplement, nr change the Bidding Documents as deemed advisable by Owner urEngineer. ARTUCLEO—BID SECURITY 8.01 Not Used. Donohue &Auauu8ataa' Inc. INSTRUCTIONS TO BIDDERS Project No, 138OO'AJ 00280-3 sxmanN Page 1surzon ARTICLE 8—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 1O—LIQUIDATED DAMAGES | 10.01 Provisions for liquid dated damages, if any, for failure to timely attain Substantial Completion, or Completion uf the Work in readiness for final payment are set forth in the Agreement, ARTICLE 11 —SUBSTITUTE AND ''OREQUAL" ITEMS 11�01 The Contract for the VVork, as mvvmnd*d, 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 oauua 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 meta forth in its Bid sbo|| he based on the presumption that the Contractor � will furnish the noatur|u|s and equipment specified or described in the Bidding Documents, an � supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of"or � equal" or substitution, requests are modead Bidder's sole risk. ARTICLE 12—SUBCONTRACTORS, SUPPLIERS, AND OTHERS | � 12.01 A Bidder shall ba 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 ao. Ufa prospective Bidder objects to retaining any such Suboontmavbnr. Supplier, or other individual or entity, and the concern is not o*|[evad by an Addendmm, then the prospective Bidder should refrain from submitting aBid. { 12.02 Subsequent to the Submittal of the Bid. Owner may not require the SuonevxJu| Bidder or | Contractor to retain any Suboontnmohr. Suppdier, or other individual or entity against which Contractor has reasonable objection. 12.03 Bidders shall submit with the Bid n list of proposed Subcontractors having m direct contract with the Contractor. 12.04 If requested by Owner, such list shall be accompanied by on Experience Statement with mmrUmert information regarding similar projects, and other evidence of qualification for each such Smboontnsdor. SuppNer, ur 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, veqmao{ apparent Successful Bidder nho|| submit nmbo6lube. Bidder's Bid phma will be iounoeod (or decreased) by the diffomanno in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating | Bids and making the Contract award. 12.06 If apparent Successful Bidder declines to make any such pubstitwtiun. Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Supp|iarn, or other individuals, or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the 8|d Security of any Bidder. Any Smboomtxeo0mr, Supp|ior, indiv|dua|, 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 Dmmnr and Engineer subject to subsequent | / revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13—PREPARATION OFBID 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. 1102 All blanks on the Bid Form shall be completed by printing in ink and the Bid signed in ink. Erasures ur deletions shall be imi8o|od in ink by person signing the Bid Form. A Bid price shall be INSTRUCTION TO BIDDERS Donohuu & Associates, Inc. � 80200'4 �n��u� No� i3800-A7 � cxmm|Tn Page 1vn,zoo � indicated for each section, Bid item, Nhsnm1e' adjustment unit price item and unit price item listed therein. A. If the Bid Form expressly indicates that submitting pricing on m 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 npp|icab|e^ 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 nf authority ho sign. The corporate seal shall be affixed and attested by the secretary or on nne]obn( secretary. The corporate address and state cf incorporation shall ba 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 «ignu1ure), accompanied by evidence of authority tu oign. The official address of the partnership shall boshown. 13.06 A Bid by a limited liability company shall be executed in the name of the firm by n member and accompanied by avidamua of authority to sign. The state of Formation of the firm and the official address o(the firm must bashown. 13.06 A Bid bywm individual shall show the Bidder's name and official address, 13.07 A Bid by a joint venture shall be oxoouhmd by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture must beshown. 13.08 Bids that are signed by on attorney-in-fact for corporations, partnerships, limited liability cummpam|ea, individuals, or joint vontmnau shall have attached thereto m power-of-attorney | � evidencing authority to sign the Bid. ' 13.09 All names shall bo typed or printed in ink below the signatures. 13.10 The Bid shall contain an acknowledgement receipt of all Addenda; the numbers mf which shall bo filled inun the Bid Form. | 13.11 The Bid shall contain the full name, addreua, telephone mumber, and e-mail address for communications regarding the Bid. 1112 The Bid ubaU contain evidence of Bidder's authority and que|0ooUqnu to dm business inthe state where the Project is located or covenant to obtain such qualification in writing prior to ovmand of the Contract. Bidder's state contractor license number for the state of the Project, if any, shall also ba shown nn the Bid Form. 13.13 Pursuant to, |C4'13'18'6. the Bidder must submit with the Bid a written plan fora program to test the Bidder's employees for drugs in accordance with the requirements of 1C 4-1348'6. A contractor that is subject to a collective bargaining agreement that establishes an employee drug � testing program oba1| only submit o copy of the na|evamt part of the collective bargaining agreement establishing the program. Failure to submit a written plan for an employee drug testing program' or na|ovart parts of collective bargaining agreement establishing an employee drug testing program shall result in the Bid being rejected aanonresponsive. � 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 $388.00O must boqualified in accordance with |C6-16-13'1U before performing any Work nnthe Project. The Bidder shall submit qualification or certification provided by the state that lt and all relevant subcontractors have been qualified under |C 4'13.8-4 or |C 8- � � 23-10 Uf the contract iu estimated hobuat least$3UU.08&.QO.^ � ARTICLE 14—BASIS OFBlD 14.01 Lump Sum A. Biddomsha8i submit Bid on u Lump Sum basis ao set forth in the Bid Form. � � Donohue &Aa000eteu Inc. INSTRUCTIONS TO BIDDERS Project No. 1386O-A7 00200-5 sxw|anvr Page no,zns B. Discrepancies bohmoon mmndn and UUoem 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 aHuvmanceo, if any, named in the Contract, Documents as provided 1m Paragraph 13.82.B. mf 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 Uo( of Supplier's inu 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 10 that of the Supplier named first,When other Supplier's are |isted. Contractor be required �� make modifications m� adjustments, �� Contractor's | ' � axpmnne, to coordinate the installation of the furnished nnatada| and equipment with associated elements of Work, such as, but not limited to, piping and electrical connections, or support and mounting provisions. � ARTICLE 19—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 emo|uoed in m plainly marked package with the Project title (and` if applicable, o the den|�nm�ad � diom of the Project for which the Bid is submitted), the and address of Bidder, and shall he accompanied by the Bid Smoudh/ and other required ( documents. If a Bid is sent by mail or other delivery syamm, 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 Bidv, or not submitted at the | correct location orinthe designated manner, Will not beaccepted and will be returned to the Bidder unopened. | | ARTICLE 18-MODIFICATION AND WITHDRAWAL QF BID 16.01 A Bid may be withdrawn, by an appropriate document duly executed in the manner that o Bid must be executed and delivered to the place where Bids are to be submitted prior io the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. � 1O.02 If 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 new 8|d prior tmthe date and time for the � � opening of Bids. 16.03 If within 24 hours after Bids are opened any Bidder files w duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction uf Owner that thorn was m material and nmbnimnUa| mistake in the preparation of its Bid. that Bidder may withdraw its Bid' and the Bid security will be returned. Theroafor, if the Work is vy'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 momnesponaivo, nood aloud publicly. An abstract ofthe amounts of the base Bids and major Alternates, J any,will be made available tm Bidders after the opening of Bids. |N8TRUCTVONTOBIDDERS Donohue &Associates, Inc. 00200'6 Pn�ootNo. 1388U'A7 sxw|B/Tvv page1omuua ARTICLE 18—BIDS TD 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&u the end of this period. ARTICLE 19—EVALUATION OF BIDS AND AWARD QFCONTRACT 19.01 Owner reserves the right to reject any or all Bida, including without |lnni(o@iom, nonconforming, nonreaponu|ve, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after romomneWe inquiry and evaluation, to not be responsible. Uf Bidder purports Ym add terms or conditions to its Bid, takes exception to any provision of the Bidding Douumen1o, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as momnyupumuive. The ()wmor also ns,amea the right to waive all minor informalities not involving price, time, or changes |n 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 baconsidered. Reasonable grounds for believing that any Bidder has an interest in more than one B�d for the Work may be nmuno for disqualification ofthat Bidder and the � rejection cf all Bids|n which that Bidder has aminterest. i 19.83 If Owner omw"ndx the contract for the VVork, such award shall be to the responsible Bidder submitting the lowest responsive Bid. | 19.04 Evaluation mfBids � A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed � raqu|ramomtu, and such A|tern:teu, unit prices and other data, as may be requested in the Bid Form or prior xo the Notice o(Award. � | B. In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and, experience of Subuum2nacLons. Suppliere, and other individuals or entities proposed for those portions of the Work for which the identity of Subountradom. Suppliers, and other individuals or entities must be submitted aa provided in the Bidding Documents. | 19.06 Owner may conduct such investigations, as Owner deems nooannery to eutabNah the responsibility, quufif|uutionu, and financial ability of Bidders and any proposed Subcontractors, or Suppliers. 19.08 in evaluating Bids for lowest Bid price, Owner will ommxidor the Lump Sum Bid Phue without regard&oAlternates, if any. ARTICLE 2O—CONTRACT SECURITY AND INSURANCE 20.01 Article 6 of the General Oondidona, as may be modified by the Supplementary Condidoma, sets forth 0wnar'e requirements auto insurance. When the 3muouasfu| Bidder delivers the executed Agreement to Owner, it must be accompanied by such insurance documentation. ART|CLE2i —S|GN|NG OF AGREEMENT 21.01 When Owner gives a Notice of Award to the Successful Bidder, it will he accompanied by the maqw|vad number of unex*outad counterparts of the Agreement with the other Contract Documents, which, are identified |n the Agreement aa attached thereto.Within i5 days thereafter, Successful Bidder ahu|| ouoouhe 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. VVbh|n 10 days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to the Guuoeuufu| Bidder and Donohue &Associates, Inc, INSTRUCTIONS TOBIDDERS OO2807 Project No. 13860,A7 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 INSTRUCTION TO BIDDERS Donohue &Associates, inc. 00200-8 Project No. 13860-A7 EXHIBIT'A'-Page 20 of 255 FEDERAL, STATE, AND LOCAL FORMS EXHIBIT'A -Page 21 of 255 EXHIBIT A -Page 22 of 255 STATE 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. 13860-A7 00300-1 EXHIBIT'A'-Page 23 of 255 EXHIBIT A -Page 24 of 255 AFFIDAVIT REGARDING NON RESPONSIBILITY 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 "Non responsible " 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 , 2021. My Commission Expires: , Notary Public (Printed Name) A resident of County, Indiana EXHIBIT'A'-Page 25 of 255 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 By: (Authorized Representative of Contractor) Dated: EXHIBIT'A"-Page 27 of 255 II EXHIBIT -Page 28 of 255 AFFIDAVIT CONCERNING EMPLOYMENT OF 1 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 (B) authorized to be so employed by this chapter or by the Attorney General. EXHIBIT'A'-Page 29 of 255 j EXHIBIT'A -Page 30 of 255 Elierify equiremeil I'reft ni rims: k-Verify Program — A electronic verification ol work authorization program of the illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. I 04-208), Division C, Title V,s,/103 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Tromeland 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. AA 01 14 al AI El 3 3 13 12 AA AA Al 3 11 VI 3 12 AI Al It la al I4 AI MA 14 dul MA GO AI 4 a m m a WI El 12 a m 11 112 In 3 EA LI Li Pi Id LI 0 LI MY AA 0 0 Pi PQ *0 0 Aid d 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 TC 22-5-1,7 (a) (2). hi 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 finis 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 31 of 255 Affidavit of Employment Eligibility Verifi tion The Coutiactor, , affirms- under the penalties of pc:I.U.11-y that Conti-actor does not knowingly employ an UTM thoriDd alien. .fit Contract...tot is self-employed and does not employ any cniployetts, Cantrat:tot verifies he La. die is a United States ctittyx.ti, so lied 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 suhsequently loan is is an unauthorized alien. Pursuant to Indiana Code'22-5-1.7, C`..t.mtractor has enrolled in and verified the workeligibility status of all newly hired employees of he 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 subebutractor has enrolled and is participating in the E-Verify program. The Contractor will maintaiii this cortirtcation throughout the duration of the term of a contract with a subcontractor. hereby verify under the penalty of perjury that the foregoing statentimit is true. Dated this day of , 20 (signature) (printed name) • EXHIBIT'N-Page 32 Of 255 BIDDER'S PROPOSAL FORM EXHIBflf'A'-Page 33 of 255 EXHIBIT'A'-Page 34 of 255 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 Part 4 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 By: Authorized.Signatory EXHIBIT'A'-Page 35 of 255 * Attach the following items to this bid • Affidavit of Nonresponsibility (Section 00300) • Affidavit Regarding Nepotism(Section 00300) • Affidavit Concerning Employment of Unauthorized Aliens (Section 00300) • Written Plan for Company Drug Testing Policy(IC 4-13-18-6) • Contractor's Prequalitication Certificate(IC-5-16-13-10) **Failure to return all required documents with your bid may result in rejection of the bid, EXHIBIT'N-Page 36 of 255 OEE FORMS EXHIBIT'N-Page 37 of 255 EXHIBIT'A'-Page 38 of 255 U.S. ENVIRONMENTAL 1'ROTECTJON 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 arc 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 39 of 255 EXHIUT'A'-Page 40 of 255 NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS NONDISCRIMINATION IN EMPLOYMENT TO: (Name of union or organization of workers) The undersi gnu currently holds contract(s)with (Name of Applicant) involving funds or credit of the U.S. Government or(a)subcontract(s)with a prime contractor holding such contract(s). You are advisKI that under the provisions of the above contract(s)or subcontract(s) and in accordance with Executive Order 11246, as amend& 1, dated September 24, 1965, as amended, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the fol I owi ng: HIRING, PLACEMENT, UPGRADING,TRANSFER, OR DEMOTION, RECRUITM ENT, ADVERTISING, OR SOLICITATION FOR EMPLOYMENT,TRAINING DURING EMPLOYMENT, RATES OF PAY OR OTHER FORMS OF COM PENSATI ON, SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract(s)or subcontract(s) and Executive Order 11246, as amended. Copies of this notice will be posed by the undersigned in conspicuous places avaI able to employees or applicants for employment. (Contractor or Subcontractor) (Date) OEE-2(11/79) EXHIBIT'A'-Page 41 of 255 EXHIBIT'A'-Page 42 of 255 NOTICE OF AWARD EXHIBIT'A -Page 43 of 255 NOTICE OF AWARD DATED: TO: CONTRACT: Richmond Sanitary District Wm, E. Ross Wastewater Treatment Plant Grating and Railing Improvements—Part 4 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 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. Within 10 days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Donohue &Associates, Inc. NOTICE OF AWARD Project No. 13860-A7 00510-1 EXHIBIT'A'-Page 44 of 255 Richmond Sanitary District (OWNER) (AUTHORIZED SIGNATURE) 1 (TITLE) Copy: Engineer NOTICE OF AWARD Donohue&Associates, Inc. 00510-2 Project No. 13860-A7 EXHIBIT'A"-Page 45 of 255 AGREEMENT EXHqBIT'A'-Page 46 of 255 EXHIBIT"A'-Page 47 of 255 AGREEMENT THIS AGREEMENT is by and between (hereinafter called Owner) and (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 'I 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. Rectangular Primary Building (Structure No. 200) 2. Old Lab Building (Structure No. 201) 3. Aeration Effluent Channel (Structure No. 395) 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— Part 4 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 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. Donohue &Associates, Inc. AGREEMENT Project No. 13860-A7 EXHIBIT'A' Page 48 of 255 00520-1 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in paragraph 4.01 above and that Qmmar will suffer financial |ono if the Work is not completed and Milestones not ooh|ewod within the times specified in paragraph 4.02 above, plus any extensions 1hononf allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration pouuoodio0 that actual |ouu au0onod by Owner if the Work iu not completed ontime, Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty). z. Substantial Completion: Contractor shall pay Owner $25O 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 ia substantially complete. 1 2. Completion of Remaining VVork� After Substantial Completion, if Contractor nho|| 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 xhu[( pay Owner $260 for each day that expires mKor such time until the Work io completed and ready for final payment. 3. L|qw|dm&*d damages for failing to timely attain Substantial Completion and final � completion are not additive and will not ba imposed concurrently. | ' ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in e000vdonoe with the Contract � Documents on amount inuurromt funds axfollows: � | ($ ) / (words) (figures) ARTICLE G—PAYMENT PROCEDURES 8.01 Submittal and Processing of Payments \ A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment wO be processed by Engineer as provided in the General Conditions. 6.82 Progress Payments; Retoinoge A. Owner nho|| 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 oaua of Unit Price Work based on the number ofunits completed) or, in the event there is no Schedule of � Values, aa provided elsewhere in the Contract. � B. Prior to Substantial Completion, progress payments will be made iman amount equal tothe percentage indicated below but, in each oaom. less the aggregate of payments previously made and less such amounts aa Engineer may determine or Owner may withhold, including but not limited to liquidated dumsgoo, in accordance with Article 15 of the Gmmoro| Conditions: 1, UO% of Work completed (with the balance being rotainega). If the Work has been 50% completed as determined by Emg}neor, and if the character and progress of the Work have been satisfactory to Owner and Enyiueer. Owner, on recommendation of AGREEMENT Donohue&Associates, Inc. 00520'2 ExH|u|rw/ Page 4*mzsn Project No. 13860`A7 Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will bamu additional netainagnooaccount of Work subsequently completed, in which onn* the remaining progress payments will be in an amount equal to 100% of the Work completed |auu the aggregate of previous ngainage and payments previously made. At5U% completion, ur any time thereafter, when the character and pmyoao« of the Work is not satisfactory, additional amounts may be retained, but in no event ohmU the total netainage be more than 10% of the value of the Work completed. C. Upon Substantial Completion, the amount ofnatminagemay 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 tobo completed orcorrected. 8.03 Final Payment A. Upon final completion and aoomp\onoo 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 Adio|ol5. ARTICLE 7—INTEREST 7.81 All amounts not paid when due as provided in Article 16nfthe General Conditions shall bear � interest at the maximum rate allowed by law ot the place of the project. ARTICLE 8—CONTRbACTOFY5 REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following i representations: A. Contractor has examined and carefully uUudied the Contract Documents and the other nelah*d 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 noUeOed as to the general, |uod, and Site � conditions that may affect cost, progress, and performance nf the Work C. Contractor is familiar with and is satisfied on to all federal, state, and local Laws and | Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studi*d all: (1) rnpndx of explorations and tests of subsurface conditions atmradjacent to the Site and all drawings wf physical conditions relating toexisting surface or subsurface structures at the Site that have been identified in the Supplementary | Condihono, especially with nyupaot to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous, Environmental CondiUumu, if any, a1uradjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data |n such reports and drawings. � E. Contractor has ouno|devod 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, inveatigaUnns, exp1omt|onu, tosts, ntudimn, and data with respect tothe effect ofsuch information, obeomwt|ons, and documents on (1) the oost, progress, and performance of the Work; (2) the meomu, methods, toohmlquun. � � ooqu*noeo, and procedures of construction to be employed by Contnactur, including any � specific means, m,thode, techniques, ae4uammao' and procedures oJconstruction expressly � mequivudby the Contract Documents; and (3) Contractor's safety precautions and programs. Donohue &Amsociakam. Inc. AGREEMENT F. Contractor does not consider that any further oxeminudomu, investigations, explorndonx, temts, studies, or data are necessary for the performance of the Work at the Contract Phne, within the Contract Timeu, and in u000ndanom with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature mf work tohe performed by Owner and others withe Site that relates to the Work as indioskodin the Contract Documents. H. Contractor has given Engineer written modoa of all ounflictu, amnm, ambiguities, or | discrepancies that Contractor has discovered in the Cnotrmn( Dooumunta, and the written resolution thereof hy Engineer is acceptable toContractor. l. The Contract Documents are generally sufficient bz indicate and convey understanding of all terms and conditions for performance and furnishing vf the Work. < J. Contractor's entry into this Contract constitutes an incontrovertible ropnen*m\admn by Contractor that without exception all 9doen in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE Q—CONTRACT DOCUMENTS � 9.01 Contents � A. The Contract Documents consist of the following: | I� This Agmoonnont(pages 00520'1 to 00520-8. inclusive); 2. General Cnmd0uns, not attached hereto (pmgow00700-1 to 80700-65. inclusive); 3. Supplementary ComdiUomu, not attached hereto (pages 00800'1 to 00800'14, � inclusive); 4. Specifications as listed imthe table of contents vf the Project Manual; 5. Onavv|ngo, not attached hemeto, consisting of cover sheet and sheets numbered 1 through 11. inclusive, with each sheet bearing the following general 0do: VVm, E. Ross Wastewater Treatment Plant Grating and Railing Improvements—Pail 4; G. Addmnde, not attached hereto(numbers 1 to . inclusive); 7. Exhibits{o this Agreement, not attached hereto (enumerated asfoNomm): � a. Exhibit /t Documentation submitted by Contractor prior to Notice of Award (pages___bo , inclusive); 0. State Forms; 8. Documents in the Appendix; 10. The following which may be delivered or issued on ormftcr the Effective Date of the Agreement and are not attached hereto: s. Notice to Proceed; b. Change Orders; AGREEMENT Donohue&Associates, Inc. 00620-4 p«ma/T'A' paoao1 «rz»« Project No, 13880'A7 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. 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; Donohue &Associates, Inc. AGREEMENT Project No. 13860-A7 EXHIBIT'A'-Page 52 of 255 00520-5 2. "fraudulent practice" means an intentional misr,epresentation of facts made (a) to influence the bidding pnumeuo or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (o) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme nrarrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish: Bid prices at | } mrfificia|, non-competitive levels; and 4. "coercive practice" means harming or threatening to honn, directly or indirectly, persons � or their property to influence their participation in the bidding process or affonL the execution of the Contract. , (Continued On Next Page) � / � � AGREEMENT Donohue &Associates, Vnc. 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: 1 By: By: (signature) (signature) (typed name and title) (typed name and title) Attest Attest (signature) (signature) Address for giving notices: Address for giving notices: If Owner is a public body, attach evidence of License No. authority to sign and resolution or other (where applicable) documents authorizing execution of Owner- Contractor Agreement. Approved as to form and execution this Agent for service of process: day of , 20 (If Contractor is a corporation or a partnership, (attorney for Owner) attach evidence of authority to sign.) Countersigned by: Comptroller (or other designated official) Donohue &Associates, inc. AGREEMENT Project No. 13860-A7 EXHIBIT'A'-Page 54 of 255 00520-7 Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address: Phone: Phone: Email: Email: AGREEMENT Donohue&Associates, Inc. 00520-8 EXHIBIT A -Page 55 of 255 Project No. 13860-A7 !!!! EXHIBIT'A'-Page 56 of 255 NOTICE TO PROCEED EXHIBIT'A'-Page 57 of 255 l [f[ th th r EXHIBIT'A'-Page 58 of 255 NOTICE TO PROCEED DATED: TO: CONTRACT: Richmond Sanitary District Wm. E. Ross Wastewater Treatment Plant Grating and Railing Improvements—Part 4 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 Donohue & Associates, Inc. NOTICE TO PROCEED Project No. 13860-A7 00550-1 EXHIBIT'A -Page 59 of 255 EXHIBIT'A-Page 60 of 255 GENERAL CONDITIONS EXHIBIT'A -Page 61 of 255 EXHIBIT A -Page 62 of 255 STANDARD GENERAL CONDITIONS OFTHE CONSTRUCTION CONTRACT TABLE OFCONTENTS Page Article 1— Definitions and Termmino|V8y...................... 1 1.01 Defined Terms—............----__................____...................... -- ........................ —z 1.02 Tenwinmlogy..........—...... _—_ Article 2 — Preliminary Matters . —....... -- ......... .—~ ..........--....-- 6 2l1 Delivery of Bonds and Evidence rf|maurance--__............. ........ — .............._......... 6 | 2.,02 Copies ofDuxuments—.................. ...... .................... ...... ...................... ....... .........-- 6 � 2.03 Before Starting Construction ..................... ........................ ...... .............. ___ 6 2.84 Pmeoamstmctiom Conference; Designation of Authorized Representatives ........ --7 2.05 Initial Acceptance of Schedules ...... ......... ...... _--..................... — .......... ................. / � 2.06 Electronic Transmittals................................ ............................. ..............................................7 / Article 3 —Documents: Intent, Requirements, Reuse ....................................................................... A � 3.01 Intent—.............__--- ............ —__—__ ........... ......... ......................_--...........-8 3l2 Reference Standards.............. ....----....—_.............—_— .............. --- ....... ....... __.8 313 Reporting and Resolving Discrepancies..................................................................................8 3.04 Requirements of the Contract Documents .............. .............. --......................... ........... ...9 3l5 Reuse nf Documents................................................................ ......... ...................................10, Article 4—Commencement and Progress of the Work............... .................................................. 18 4.01 Commencement of Contract Times; Notice toProceed ----..10 4.02 Starting the Work................. _ ........... ........... —__— ......................... ........ —__..lU � 4.08 Reference Points.............. ........... ....— .............. ...... ............... _-- ............. --_..lU 4.04 Progress Schedule....................................... ............................................. ............................1O 4.05 Delays in Contractor's Progress ...............___ ................... ........ ............. .... ..... ......12 Ardce5 —AvaiKabi|ityof Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...... .................---........ .................................... --. ....... ..................................—.... 12 5.01 Availability of Lands ..... — ...... ........................ __ ..................... .....................---........12 512 WsoofSiteandCtherAreas---- -- ............ _... ...............----.... ......12 1� 5.03 Smbmm�aceand Pbysku|Cood�ions ------------_------_---. 514 Differing Subsurface,or Physical Conditions..........................................................................I4 5.06 Underground FacNbieo................................. --..................................................................1S ococ°c-7m\Standard General Conditions of the r^nstructwmcontract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ExH|mrvv Page mnuf 255 5.86 Hazardous Environmental Conditions et Site ...... ............. — ............... -- ...........—_..17 Article 6— Bonds and insurance .... .............................................. .................................... ---' 19 6,01 Performance, Payment, and Other Bonds -- ...... 8.02 Insurance--GemeudProvisions . ........ 19 6.03 Contractor's Insurance........... —_.................... __.................... ................ — ........ .......2O 6.04 Owner's Liability|msnmnce—........................... ....................................................................2J 6.05 Property Insurance....... -- ......................---............... __........... _......................—..J] | 6,06 Waiver of Rights....... _.................. ....... ..............--.................. _— ............... -- ....ZS 6.07 Receipt and Application vf Property Insurance Proceeds .............. _ ........ --__ 25 Article 7—Contractor's Responsibilities _.............. .......... ---_._--........ IG 7.81 Supervision and Superintendence 26 7.102 Labor;Working Hours. ...... .....26 7.03 Services, Materials, and Equipment.....................................................................................26 7.04 "Or Equals" ---... ...................-- ...... ...---.............. ....---............ --J7 / 7.05 Substitutes ..................._...... ..............__--_ ........... _ ...... —.........__ ...... ---_]8 7.06 Concerning Svbcun1ructon,Suppliers, and Others—__ ........ _---............—_— .....JS ' 7.07 Patent Fees and Royalties—.... _ ......... ........... ................... _ ................. ...... ........31 7.08 Permits ---- .... ...... -- ...... -------- ........—.............31 7.09 Taxes ............. ........ ......... — ........ .......... ...... —_............... ................ --- ...........--32 | 7.10 Laws and Regulations................................................................ ............................. ..............32 7.11 Record Docoments—................—............_ ....... — ................ ---........._ ... _........._3% 7.12 Safety and Protection ......... __-- .......... ... —.32 �3 7.13 Safety Ropreoertat�e__------_----_-------------------'' 7.14 Hazard Communication ProBrms ........ ................. ............... -- ........... — ...........33 7.15 Emergencies . . . . ..34 7.16 Shop Drawings,Samples, and Other Sobmit1als—_.......... ...... .............. ......... .............34 7.17 Contractor's General Warranty and Guarantee.—_—__—___--___----__36 7.18 Indemnification.... ........... —_.................. — ...................... ......... --_.......... — . 37 7.19 UeUeguium of Professional Design Services.................. — .......... ....... ............... 37 Article 8—Other Work at the Site .. 38 8.011 Other Work ... .... ........................—...............-- ..................._—.............. ......... ..............38 8J02Coordination ...._............. —......—.............. ............. ....... ---_ ...... ............... — ...38 8.03 Legal Relationships............ —.............---......................... ............ ............ -- ...39 ocDC°c-700,Standard General CowiwnsmaeComtructivmmotram cnvvnam@ 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society m civil Engineers. All rights reserved. m,eo Exmaxvv Page n4mcnn Article 9—Owner's Responsibilities...... ....... ---_...... .......... ...... 40 9.01 Communications toContmctor_-- ... ..................... — ..............................—_ 4O 40 9.02 Ke�mcen�entofEn8neer--_------------_---_--_------_--_ 9,03 Fwmish �Duta 40 9.04 Pay When Due........... --___ ............ _—_--....................--...... ......... ........ — 4V 9.05 Lands and Easements; Reports,Tests, and Drawings . . 40 9.06 Insurance....... _--_-- ................__— ....................... ....... ..........................-- 4O 9.07 Change Orders...................... ......... _—....................—_.............. __— ........... .......— 40 9.08 Inspections,Tests, and Approvals ........ ....4l 9.09 Limitations on Owner's Responsibilities.........— ...... ......... ............ --_—................. ....41 9.10 Undisclosed Hazardous Environmental Condition................ --_-- ................ —.........4l � 911 Evidence of Financial Arrangements . 41 9.12 Safety Programs_— ............... --_—_ ........ .............. ......... — ...........--_ 4l � Article 1O—Engineer's Status During Construction......... ......................................... 4I 10.01 Owner's Representative 42 � 10,02 Visits to Site..... — .................... --__......... ........ -- .................... —.......___— 41 10.03 Project Representative........ — ............. ............... ....... -- ........................... 4J � 10.04 Rejecting Defective Work.... ............... ........... ......... ........ _ ................ _............ 42 10.05 Shop Drawings, Change Orders and Payments........................................................ 42 10.06 Determinations for Unit Price Work ___... ...... _...—......... .............. _—.4Z 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work... ...___.42 10.08 Limitations on Engineer's Authority and Responsibilities.......—___.......... ............... .....4Z 10.09 Compliance with Safety Progrmm_ .............—................__......................... ......... ........43, | | Article 11—Amending the Contract Documents; Changes in the Work............... — .................. 43 11.01 Amending and Supplementing Contract Douumpnts —. 43 11.02 Owner-Authorized Changes in the Work................ 44 11.03 Unauthorized Changes io the Work........................ -- ...........__ ........ ' 44 11.04 Change mfContract Price . . . . 44 � 11.05 Change of Contract Times.... ..................--- .............. ........... .............. _-- 4S 11.06 Change Proposals......................................................................... ..... ................ — 45 11.07 Execution cf Change 0rden—_ ........ ................... ...... ................. ..................._...... _ 46 11.08 Notification toSurety_—........ .................... ........___................ _-- .......... --_ 47 Article12 —Claims............................................ .......... ............ —........................... 47 omCO C-700,Standard General Conditions mmemnstructiowContract. copyright m20uu National Society mprofemm^*n Engineers,American Council a/Engineering Companies, and American society w Civil Engineers. All rights reserved. Page m exmunW Page oourcnv 12,01 Claims...... —_ ............................... ---.........--.................. —_--_................--.47 Article 13 —Cost of the Work; Allowances; Unft Price Work ............. _....__............... ........ 4O 13.01 Cost of the Work......... ............ _-- —........._ ...................._ ....... ....48 13.0I Allowances......................... ......... ........... .................... __.. 13.03 Unit Price Work......................................................................................................................51 Article 14—Tests and Inspections; Correction, Removal or Acceptance of Defective Work....... 52 ' 14.01 Access tu Work............................................... .......... .......................................... ................52 14.02 Tests, Inspections, and Approvals---- ............................................. .............................52 I4.08 Defective VVurk_-- .... .....................—_--__— ............. ....... -----_— .................53 14.04 Acceptance of Defective Work 58 14.05 Uncovering Work..... -----.......... ................... ....... ...... ..................... --- 53 14.06 Owner May Stop the Work --...................—_---_-- .......... .54 14.07 Owner May Correct Defective VVork_.........--........... ..................... ........ ............ ...........S4 ArtideIS —PmynnentstoContrmctor; Completion; Correction Period.......................... SS | B 1�U1 ProgressPayment ---_---_---_—__--__'_--_------__---.. 15.02 Contractor's Warranty of Title.... ......--_ ...___.......................... — ..................... .........50 15.03 Substantial Completion..... ......— ....... ..................—_...... ........................... --_ .........5O 15.04 Partial Use vr Occupancy_........ — .............................. .............. . 59 � 15.05 Final Inspection-----_____—.---__--__-------_--_—_—_—.59 15.06 Final Payment.... ............. _ ..........................—__ ...... ................. ...... _— .............. ....S9 15.07 Waiver cf Claims .............. —_ ....... ........ --_-- ............................ .............61 | 15�08 Correction Period..... ........... ............ ...... ..................... ......... ............61 Article X6—Suspension of Work and Termination . ' __—_—_ 6Z 16.01 Owner May Suspend Work...................___.......... — ............ -- ....... ........... -- ....62 16.02 Owner May Terminate for Cause ..................... .......................................62 16.08 Owner May Terminate For Convenienoe ..........................---_ .................... ........ —......6J 16.04 Contractor May Stop Work or Terminate..... ................_—___........._. .........__........63 � Article 17—Final Resolution Vf Disputes.................................................................. -................... 6,4 17.01 Methods and Procedures— ....— ......................................... ................ ......... .................64 Article18—Miscellaneous.................................................................................................................. 64 18.01 G�vimQ Notice............. ....................... ...................................................................................64 18.02 Computation of Times................................................................................................... ........64 | 18.03 Cumulative Remedies ................ ...... ........ _—_— .............. --_ ........ ........h4 oCDC1c-70 Standard General Conditions w the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies and American Society ox Civil Engineers. All rights reserved. Page iv Exmanv; Page ssu,csn 18,04 Limitation ofDamages . .......... —_ ...........—_—_-- ........66 18.05 Wo Waiver.........—_......... ..............— ....................—....... ............ .......... _— ................6S 18.06 Survival ufObligations ......-- ............. ...... ----. _-----_---..65 18.07 Controlling Low—__...................... ......................... ...... _.............--_ ................ —.65 1808 Headings . —_........ --_---_...... ...... —_................... — ...............--_—.65 ` � � � / | ocDC°c-70m Standard General Conditions m the Construction Contract. Copyright moa13 National society a*Professional snginee"»Am"mm^mw^u|cvengi,eenngmomnanics, and American Society m Civil Engineers. All rights reserved. page, ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, atcrmn printed with initial capital letters, including the ierm'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 orforms. � l. Addenda--VViritten 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 [pntmrLmrl that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates,the specific items that are Contract Documents. / l Application for Payment—The form acceptable to Engineer which is to be used by | Contractor during the course of the Work in requesting proAeoxorfinaKpaymentsand i which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer cfa 8iddersobmmitted on the prescribed form setting forth the prices for the Work tobeperformed. | | 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 advertisement invitation hid, Instructions 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 uran adjustment in the Contract Price or � the Contract Times, or other reviximm to the Contract, issued on or after the Effective Date uf 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 tu 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 wr 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 farth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer � EJCDCO C-700,Standard Genera|Conditions m the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society m Civil Engineers, Ail rights reserved, Page zmaS EXHIBIT'A' Page ouv(u55 has declined to addnss. A demand for money or services by athinj party is not Claim. 11. Constituent uƒConcern—Asbestos, petroleum, radioactive materials, polychlorinated bipbenyls (PCBs), hazardous waste, and any substance, product, waste, or other mmaterivXof any nature whatsoever that isorbecomes listed, regulated, oraddressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("[ERCkA"); (b) the Hazardous Materials Transportation Act 49 U.S.[. §g5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 etseq. ("BCMA"); (d)the Toxic Substances Control Act, 1E U.I.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 let seq.; (f] the Clean Air Act, 4ZU.S.C. §§7401eLseq.; o, (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, ormaterial. � l lZ. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. | 13. [*oUnct 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 KXl|extmme4 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 gƒthe Work—See Paragraph 1l01 for definition. 18. Drawings--The part of the Contract that graphically shows the scope, extent, and character of the Work tmbe performed byContractor. 19. Effective Dote 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 —Awht1en order issued by Engineer which requires minor changes in the � Work but does not change the Contract Price nr the Contract Times. 22. Hazardous fnviroonncn0x/ 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 nf 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, Lama and Regulations, and the requirements of the Contract, does not establish u Hazardous Environmental Condition. 23. Laws and Regulations; Lows or Regulations—Anyand all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and aUU governmental bodies, agencies, authorities, and courts having jurisdiction. s/cDc°c�00,Standard General Conditions of the Construction contract, copyright mzoz National Society of Professional Engineers,ArniericanCouncil of Engineering Companies,, and American Society vf Civil Engineers. All rights reserved. Page xv,00 Exmu|r'A' Page oemeno 24. Liens--Char0*s security interests, or encumbrances upon Contract-related funds, real pnoperty, or personal property, 25. Milestone--A principal event in the performance of the Work that the Contract requires Contractor to achieve by on intermediate completion date or by a time prior | | to Substantial Completion cf all the Work, IG. Notice of Award—The written notice by Owner to m Bidder of Owner's acceptance of � the Bid. 27. Notice tnProceod--A written notice by Owner to Contractor fixing the date on which � the Contract Times will commence to rum 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. PnogressJchedu/e--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, cowtractors, and others, including p|anminU, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents isapart, 31. Project Manual—The written documents prepared for, o, made available for, procuring and constructing the Work, including but not limited to the Bidding Documents ur other construction procurement documents, Qeotechnica| and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound im one or more volumes. 32. Resident Project Representative—The authorized representative ofEngineer assigned to assist Engineer at the Site.As,used herein,the term Resident Project Representative or°RPR~ includes any assistants ur field staff ofResident Project Representative. 33. Samples—Phyxicu| examples of materials, equipment, or workmanship that are representative of some portion cf the Work and that establish the standards hywhich such portion of the Work will bejudged. 34. Schedule ofSub/nittals--A schedule, prepared and maintained by Contractor, of � required submittals and the time requirements for Engineer's nevhevvof 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. ococ"c-7nv'Standard General Conditions uf the Construction Contract. Copyright @ 20m3 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. Ali rights rmo,w*o. Page aofos exHmxT'A' paoornv|uoo 37. Iite,—Lancbor areas indicated in the Contract Documentsas being furnished &yOwner 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 asapplied 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 wfa part of the Work. | � 40. Substantial Completion—The timeat which the Work (ora specified part thereof) has progressed to, the point where, in the opinion of Engineer, the Work (ura 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 comp|e1ed" as � | applied tu all o,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 tostated conditions. 42. Supplementary Conditions--The part of the Contract that amends, or supplements these General Conditions. 43. Supplier--A manufacturer, fabricator, supplier, distributor, mateha|man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials ' or equipment tmbe incorporated in the Work by Contractor uraSubcontractor. � 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 existingxmrfuce or subsurface structures at the Site (except Underground Facilities) or(&) Hazardous Environmental Conditions at the Site. |fmosuch 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 geotechmicaUor 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 PamgraphsS.Q3,5.04, and5.O6. 45' Underground Facilities—All underground pip�e|lnes, cmmduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, snd any � � encasements containing such facilities, including but not limited to thosetbat convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water,other liquids orcbemica|s,or traffic or other control systems. 46. Unit Price Work—Work tobe paid for om 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. � EJcoc°c-7m0,Standard General Conditions w the Construction mmract. Copyright Q 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society w civil Engineers. All rights reserved, Page o^fps EXHIBIT`x'Page 71 nrzon 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 uf Certain Terms orAdjectives: 1. The Contract Documents include the terms "as a|8omed," "as approved," "as urdeped," "as directed" or terms of like effect or import to authorize an exercise of professional! judgment by Engineer. Un 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, ingenera|, the Work for compliance with the information ln 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 lx not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance nf the Work, or any duty nr 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 of34 hours measured from midnight to the next midnight. D. Defective: � 2' The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty, mr deficient\mthat 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 toim 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 |n accordance with Paragraph 1S.O3orl5.04). 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 tothe Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "in-stall," 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. ocmc°c-7o0,Standard General Conditions of the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies, and Apmnaou Society m Civil Engineers. Ali rights reserved. Page sofos sxw|mTvv Page ruorcso 3. The words "perform" or "provide," when used in connection with services, mm1ehak' or equipment, shall moan to furnish a,nd 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," "per-form," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Um|eu stated otherwise in, the Contract Documents, words or phrases �huL have a vveU|' � ' | known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE Z—PRELIMINARY MATTERS / 2.01 Delivery qf Bonds and Evidence ofInsurance 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 Insuronce: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 im the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be � | provided by Contractor im accordance with Article G. 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 manned insured and additional insured (as � identified in, the Supplementary [ooJ|\|ona or otherwise), the certificates and other evidence of insurance required tobe provided by Owner under Article 6. � � 2.02 Copies 4fDocuments & 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 Storting Construction A. Pne/in/noq/ Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Docummentz), Contractor shall submit to Engineer for timely review: l. m 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. u preliminary Schedule nf Submittals; and EJcmc°C-7n0,Standard Genera/Conditions m*the Construction Contract. Copyright(Dzoz3 National Society m Professional s"giners,mmvnmpm"ncnofsng/merincmm»^w�� and American Society m Civil Engineers. All rights reserved. Page oofes Exx|mT'x Page roorcno 3. m 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 toserve as the basis for progress 1 payments during performance of the Work. Such prices will include an appropriate amount mf overhead and profit applicable to each item ofWork. 2.04 Preconx/ruct/on Conference;Designation qf 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 vvmrNmQ understanding among the parties axtothe 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 trawsmmittaUs, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to uo1 as its authorized representative with respect to the oemiozx and responsibilities under the Contract, Such individuals shall have the authority totransmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. � 2.05 /n/bo/Arcnptnnre4fIchedu/es A. At least 10 days before submission of the first Application for Payment u conference, attended by Contractor, Engineer, and others usappropriate, will he 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 toEngineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly � progression of the Work to completion within the Contract Times. Smrh 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. I 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 e|oevvbene 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 m secure Project web»ite. 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 im electronic media ordigita|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 EJcmOc-7m0,standard General Conditions a/the Construction Contract. Copyright muuxmou^^o|Society of Professional!Engineers,American Council v/Engineering cvmpmnvws, and American society m Civil Engineers. All rights reserved. Page rmvs exHmnvv Page r4mzno computer hardware differing from those used iu the drafting or transmittal of the items, mr from those established in applicable transmittal protocols, ARTICLE 3—DOCUMENTS: INTENT, REQUIREMENTS, REUSE U � 8.01 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 ordigital versions) and the printed record version,the printed | � record version shall govern. ' D. The Contract supersedes prior negotiations, representations, and agreements, whether vvrNtenaroral, 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 tostandard 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 VVorkorany duty orauthority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared byor for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification uf 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, ocmc°C-/uo,Standard General Conditions ox the Construction,Contract. Copyright Qza13 National society^,Professional Engineers,American Council m,Engineering Companies, and American Society m Civil Engineers. All rights reserved. Page omas ExH|o|T'� Page rov/xoo error ambiguity, o, 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, Me|6 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 vvriNn0. 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 cUahNcatiom or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant Lo Paragraph 11.V1. � � 8. 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 o, 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, mummm[ reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference a»a Contract Duxumemt);or b. the provisions nf any Laws orRegulations applicable tv the performance ofthe Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law nrRegu|adon). 3.04 Requirements mƒthe Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit 10 the Engineer all matters in question concerning the requirements of the Contract � Documents (sometimes referred to as requests for information or interpretation--BF|o), or relating to the acceptability of the Work under the Contract Documents, als 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 10 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 aClaim. 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 tn agree nn resolution of such mmatter lm question,either party may pursue resolution as provided in Article 12. cJooc°C-7o�Standard General Conditions m the Construction Contract, mnr,/xmt(D 2013 National Society of Professional Engineers,American CouncH of Engineering Companies, and American Society of Civil Engineers. Ali rights reserved, Page ovras sxH|nIT'A' Page raaeoo 3.05 Reuse ofDocuments A. Contractor and its Subcontractors and Suppliers shall not: I. have or acquire any fitle to or ownership rights in any of the Drawings, Specifications, or other documents (or copies nf any thereof) prepared by or bearing the seal of Engineer or its consultants, including eiectromlc medhe 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 vvh&tem 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 [nntc^c1 Documents for record purposes. � � ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times;Notice tmProceed A. The Contract Times will commence to rum 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 30dmys 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 ofthe Contract,whichever date ixearlier. � � 4.02 Starting the Work � A. Contractor shall start to perform the Work on the date when the Contract Times commence torun. Nn Work shall be done ot the Site prior tu such date. 4.08 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 estahNshed reference points and property monuments, and shall make no changes or re|omsdow» 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. 4.84 Progress Schedule A. Contractor shall adhere tothe Progress Schedule established in accordance with Paragraph 2.0Smxit may be adjusted from time tn time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated ill Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. FJcnc°c-7o0,Standard General Conditions v,the Construction Contract. Copyright 9)u13 National Society v,Professional Engineers,American council v/Engineering Companies, and American Society"f Civil Engineers. All rights reserved. Page zomvv ExmmT'A' pamonovcoo 2- Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere tothe Progress Schedule during all disputes nr disagreements with Owner. Mo Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.O4, oras Owner and Contractor may otherwise agree inwriting. 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 he 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 tobe within the control ofContractor. C. if Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the controU 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 interfevemce described in this paragraph. Causes of delay, disruption, mr 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 matnn*| catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures tn 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 mrterrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of 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 lnterferemce to the performance or progress of the Work raxw|t|mA from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused byor within the control cfContractor. ococ~c'rwo'Standard General Conditions v+thie Construction Contract. Copyright @ 2013 National society of Professional Engineers,American Council of Engineering Companies, and American society of civil Engineers, All rights reserved. rage 11m+65 EXHIBIT'A' Page 7a,1uoo 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 S—AVAILABILITY OF U\NDO< SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS � � ENVIRONMENTAL CONDITIONS 5.01 Availability ofLands A. Owner shah 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 inperforming the Work. B. Upon reasonable written request, Owner shall furnish Contractor with o current statement � of record legal title and legal description of the lands upon which �ermanent improvements � are to be made and Owner's interest therein as necessary for giving notice oforfiling a mechanic's or construction lien against such lands in accordance with applicable Lama and Regulations, | C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage nf materials and equipment. ! 6.02 Use of Site and Other Areas A. Limitation un Use of Site and Other Areas: 1 Contractor � . � 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 tu the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (o) damage to any other adjacent land orameas; 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. Z. If damage or injury claim is mode by the owner or occupant mfany 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 in 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 smchovxneroroommpnntorothemvisereso1vethedoim &ya/bilradonurotherdispute resolution proceeding, or at law; and (o) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Uvvoer 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 mcoc°C-7o0,Standard General Conditions mf the Construction Contract. Copyright @ 2013 National society of Professional Engineers,American council of Engineering Companies, and American society w Civil Engineers. All rights reserved. Page zzwvs cxn|o|Tpv Page ruo,coo 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, arid 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 C)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 80 of 255 5.84 Differing Subsurface n/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 6.O3is materially inaccurate; or 2, is of such a nature as to require a change in the Drawings or Specifications; or l 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; them 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 ofo written statement permitting Contractor todoso. 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,conchusiuns, 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 o/ 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 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,lo the fo8owing� a, such condition must fall within any one or more of the categories described in PoragraphS.04.A; h. with respect to Work that is paid for on a unit price basis, any adjustment in | Contract Price will be subject tn the provisions uf Paragraph 18.03;and, ocoo°c-7a0,Standard General Conditions m the construction Contract. Copyright mmu3 National society a Professional Engineers,American Council m Engineering Companies, and American society vx Civil Engineers. Ali rights mseme . Page zovx65 cxmm|Ty, Page wmzns 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 xba|| not be entitled to any adjustment in the Contract Price or Contract Times with respect tma 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 nzsw|t of any examination, investigation, exploration, test, or study r � 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 � nma king such commitment;or c Contractor failed toXhxp the written notice as nnqoiwsd by Paragraph 5.04A 3. |f 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 ina Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount wr extent of any adjustment in the Contract Price or Contract Times, o/ both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition inquestion. 5.05 Underground Facilities X Contractor's Responsibilities: The information and data shown orindicated im the Contract Documents with respect to existing Underground Facilities at nr adjacent to the Site is boxed 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 Z. 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 et the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents aa 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 nhaN, promptly after EJcoc°c-7o4 Standard General Conditions ov the Construction Contract. cmwrnxht Qx0u3 National Society nf Professional omumeo,s,ame,/canmmuu/uxmox|mccn^vc.mvomos, and American Society of Civil Engineers. All rights reserved. Page 15wvs Exmo/rn' Page ouvruoo 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 7.1S), idemtifytheownerof such Underground FacNityond give written noticeto 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 Un question; determine the extent, if any,te which achange is required in the Drawings orSpecifications 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. n 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 o 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 vf 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 inquestion; � � b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will he subject to the provisions of Paragraph 13.O3; C. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential 10 Contractor's ab|Wtyto complete the Work within the Contract Times;and d. Contractor gave the notice required in Paragraph 5.05.8. I Kf Owner and Contractor agree regarding Contractor's entitlement to and the amount ur extent of any adjustment in the Contract Price orContract Timex, or both,then any sumhadjwstmment shall be set forth ine 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 inquestion. oCDc c�0,Standard General Condm^wmuhecunstmctio Contract. Copyright 0 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society w Civil Engineers. Ail rights reserved. Page us^ve EXHIBIT,r-Page ux",xos 5.06 Hazardous Environmental Conditions nt 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 ator adjacent tu 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. |fno such express identification has been, made, then Contractor may rely nn � 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 mmmynot 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 oJ construction to be employed hy Contractor and safety precautions and programs incident thereto;nr Z. other data, interpretations, opinions and information contained in such reports or shown ur indicated im such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions urinformation. C. Contractor shall not be responsible for removing or remediuNmg any Hazardous � Environmental Condition encountered, uncovered, or revealed at the Site unless such removal orremed|at|omisexpressly identified in the Contract Documents to be within the scope of the Work. | 0. 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 nemed|atimg any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. |f Contractor encounters, uncovers, or reveals 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, them Contractor shall immediately: (1) secure orotherwise isolate such condition; (Z) 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 10 timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06f. 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. ocmc�C-7o0,Standard General Conditions of the construction Contract. Copyright(D 2013 National society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers. All rights reserved, Page oufus exH|*nvv Page u4o,umo 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) specUfyin#ihot such condition and any affected area hx or has been rendered safe for the resumption of Work, or(2)specifying any special conditions under which such Work may be resumed safely. 6. If Owner and Contractor camnot agree as to entitlement to or on the amount or extent, J any, of any adjust�noent hn 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 ]U days of Owner's written notice regarding the resumption of | Work, Contractor may submiit 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 o 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 ur others in accordance with Article 8. |. To the fuU|estextent permitted by Laws and Regulations, Owner shall indemnify and hold hiann|exs Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or ve|adw0 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 aoTechnica| Data entitled to limited reliance pursuant to Paragraph 5.86.13, or identified iw the Contract Documents 1ohe included within the scope cf the Work, and (2) � was not created by Contractor orby 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 individua[sor entity's own negligence. J. Tn 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.] shaN obligate Contractor to indemnify any individual or entity from and against the consequences of that individua|'sor entity's own negligence. K. The provisions of Paragraphs 5.83, 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. ococ°c-7o0,Standard General Conditions,of the Construction Contract. Copyright 0 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American,society w civil Engineers. All rights reserved. Page Inw65 ExnmnT'x' Page nnmuss ARTICLE 6—BONDS AND INSURANCE &01 Performance, Payment, and Other Bonds A. ComtractorxhaN 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 rema:in 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 nf the Contract. 8� AU bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or ReguKations, 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 [ompamims," as published in, Circular 670 (es amended and 1 supplemented) by the Financial Management Service, Surety Bond Branch, U.S. l Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that |nd1viUma1'x authority to � � the surety,, The evidence of authority shall show that it is effective on the date the agent or attorney-i n-f act signed the accompanying bond. C. Contractor shall obtain,the, requi�red bonds from surety companies tbm1ane duly licensed or / authorized in the jurisdiction in which the Project is located to issue bonds in the required amomnts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, o/ 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 1G. 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 iu this Article and in the Supplementary Conditions. B. All insurance required by the Contract to he purchased and maintained by owner or Contractor shaK| be obtained from insurance companies that are dmiy, Ulcensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies forthe required limits and coverages. Unless adifferent standard is indicated inthe Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have omA.M. Best rating oJA4/|| mrbetter. C. Contractor shall deliver to Owner, with copies to each named imsured and additional insured (as identified im this Article, in the Supplementary Conditions, or elsewhere ]nthe Contract), certificates of insurance establishing that Contractor has obtained and is e/cmc°c-7mo,standard General Conditions",the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society°r Civil Engineers. All rights reserved. Page:e*/6a sxmeITYr Page nowons 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 tucopies of policies and endorsements, and documentation of appUicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium mr 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 ofinsurance 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 orany 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 partv's full compliance with those insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shah] 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 1G. H. Without prejudice to any other right or remedy, if a party has failed to obtain required � insurance, the other party may elect toobtain equivalent insurance to protect such other party'v interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. |. Owner does not represent that insurance coverage and ||m|<s established in this Contract � necessarily will be adequate to protect Contractor or Contractor's interests. � l 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 Centmct. 6.03 Contractor's Insurance A. Workers' [ompensohom 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. l. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage(if applicable). 3. claims for damages because of bodily injury, occupational Sickness or disease, or death of Contractor's employees (by stop-gap endorsement in monopolist worker's compensation states), ococ°c-7o4 Standard General Conditions v/the Construction Contract. Copyright @ 2013 National society of Professional Engineers,American Council of Engineering companies, and xmeocanSociety of Civil Engineers. All rights reserved. Page mmas sxmo|T,r Page xro,uoo 4. Foreign voluntary worker compensation (if applicable). B. Cnmmcnjo/ General Liability—Claims Covered: Contractor shall purchase and maintain ! commercial general liability insurance, covering all operations by or on behalf of Contractor, mman occurrence basis,against: 1 claims for damages because o� bodily �n]mr\\ sickness o� disease or death c� any � . ' � person,other than Contractor's employees, 2. claims for damages insured hy reasonably available personal injury liability coverage. l c8aims for damages,, other than to the Work itself, because of injury to or destruction of tangible property wherever Uocated', 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 he maintained for three years after final paymment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere im 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. SeveebiDtyofinterest. 5. Underground, explosion, and cnNaFsecoverage, � 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); orCG 20 10 07 04 and CG 20 37 07 04 (togetNei or their equivalent. 8. For design professional additional insureds, ISO Endorsement [GI 28 32 07 84, "Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured"ur its equivalent. 0. Automobile, liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury ordeath 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 ooan 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 U|abdi4\ 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 nf the underlying policies. F. Contractor's pollution liability /nxunonos: Contractor shall purchase and maintain a policy covering third-party inj�ury and property damage claims, including dean-up costs,araresult ococ°c�00,Standard General Conditions^,the construction Contract. Copyright 0o`zs National Society m Professional Engineers,American Council of Engineering companies, and American Society w Civil Engineers. All rights nseme � Page a^va» exmu|Tvr-ru000nwxns of pollution conditions arising from Contractor's operations and mmp�leted 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, unmbreU|a 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 fmr the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded tqthese 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 [vm\ructur 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 a8aims1 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 shiaU be maintained throughout the duration of the Contract and for a minimum uf two years after Substantial Completion. if such professional design sun/|cex are performed by a Subcontractor, and not by Contractor itself, them 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.A2shall; 1. include ot least the specific coverages provided iw this Article. | 2. be written for not less than the limits of liability provided im 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 10dayx prior written notice has been given to Contmctor. Within three days of receipt of any such written notice, Contractor shall provide a ropy 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 tm 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 beliable. J. The coverage requirements for specific policies ofinsuramce nnucL be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. EJCoC°c-7o0,Standard General Conditions w the Construction Contract. Copyright @m1»National Society of Professional Engineers,American Council of Engineering companies, and American society v/civil Engineers, All rights reserved. Page zaofos EXnm|Tvv'Page ogpvuso 6.04 Owner's Liability Insurance A. In addition 0nthe insurance required tobe provided by Contractor under Paragraph 6.03, ! Owner, atUwne/soption4 may purchase and maintain at Owner's expense Owner's own liability insurance as vvUU 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 he provided by Contractor, and Contractor cannot rely upon Owner's liability | policies for any of Contractor's obligations to the Owner, Engineer, orthird 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 imsuranceshaUk 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions tu be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder ofthis Paragraph 6.05, Paragraphs 6.06 and 6.07, and any Corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred toas"inxureds.° Z. be written on u builder's risk °eU| risk" policy form that shall at least include insurance | � for physical loss or damage tn the Work, tenmpmmn/buildings, fabewodk, and materials and equipment im transit, and shall insure against at least the following perils orcauses | of loss: fine; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; � aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler exp|odon, and artificially generated electric cwrnent; 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, bo�0erexp|oxinn, 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 ' pruvidedthrom0hmtherinaurancepoU;|esacceptab[etuOvvnerand[mwtmzctor. 3. cover, as insured property, at least the following: (a) the VVark and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property ofa similar mature 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, fa|sewo�,k,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 aohitectx). � � EJCDC*C-700,Standard Cie nerMConditions of the Construction Contract. Copyright(9)2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights re,*m*o. Page:su«,a sxw|mTvv Page oov/us5 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 ofo manufacturer mr3upp|ier). 6. extend to cover damage or loss tohnsured property while imtransit. 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. O. allow for the waiver of the insurer's slubrogation rights, as set forth below. 9 provide primary |uoex end damages caused by perils or of � � � loss covered. / 10. not include m 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 nf Cancellation or Change-All the policies cf insurance (and the certificates orother evidence thereof) required to be purchased and maintained in accordance with this ` Paragraph 6.0S will contain aprovis,ionorendorsement 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 tothe purchasing policyholder. Within three days of receipt ofany � such written notice, the purchasing policyholder shall provide o copy of the notice to each utherinsured. C. Deductibles:The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application nfa policy deductible. D. Partial | � | Work prior tu Substantial Completion cf all the Work aa provided in Paragraph 13.0�4, them Owner(d8roct|y, lfitls the purchaser of the builder's risk policy, or through Contractor) will provide notice ofsuch occupancy or use to the builder's, risk insurer. The builder's risk insurance shall not he canceled or p�erm|tted 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 buiUder's risk or property insurance policies provided under this Paragraph,6�.O5, i1 may dospat Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract Jo not require or address the insurance of property item or interest, such as tools, construction equipment, or other personal property awned by Contractor, a Subcontractor, or an employee nf 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. EJcoc°c'/mo.Standard General moom^vo,m 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:z«av65 exx|n|T'A" paueo1 o/uoo 6.06 Waiver o/Rights A. All policies purchased in accordance, with Paragraph 6.85, expressly including the bw|Ude/x risk policy, shall contain provisions tothe effect that in the event of payment ofany loss or damage the insurers will have no rights uf 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 smhcmutmdtoo of each and any of them, for all Uoomx 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 o / the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise � payable underainy policy soissued. ' 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 uf them,for: 1. loss due to business interruption, loss of use, or other consequential |nn 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 ()vvmer; / and Z. loss or damage tw 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 15.83, 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 6.06.8 shall contain provisions tothe 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 xhoU be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all d0Nz against Owner, Contractor, all individuals or entities identified im the Supplementary Conditions as insume6s, the Engineer and its cmwso|tamts, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for aUl losses and damages caused by, arising out of, relating to, or resuilting 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 0ooronceProceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph, 6.05wiB be adjusted and settled with the named insured that purchased the s/coc°c-7o0,Standard General Conditions m the Construction Contract. Copyright 0 2013 National Society of Professional Engineers,American council of Engineering Companies, and American Society o«Civil Engineers. All rights reserved. Page z5mos sxnUT,r Page ezmznv policy, Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of claim is in progress. Any other insured may state its pmshjum regarding a claim for imxmrcd 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 nf insurance required by Paragraph 6,.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may mach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. | C. If uo 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—CONTRA[TOR'SRESPONSIBILITIES , 7.81 Supervision and Superin tendenoe � 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 toOwner and Engineer except under extraordinary circumstances. 7.82 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. R. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjamentthereta, and except as otherwise stated in the Contract Documents, all Work at the Site oha|U 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. WnKmsx 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 VVn/k xhaUK he of good quality and new, except as otherwise provided in the Contract Documents. AU| special warranties and s/mmc°c-7no'Standard General Conditions o,the,Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Councif of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page zuvfus exmmrvv Page oourus* guarantees required by the Specifications, shall expressly nun 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 nfmaterials and equipment. l 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 ao otherwise may bu provided in,the Contract Documents. 7.0,4 "Or Equals' A. Whenever an, item of material or equipment is specified or described in the Contract Documents by using the name of proprietary item or the name of particw|arSupp|ier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to estabfisb 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 equa|" ]tam 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 vwffic|emtUy 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 o, equipment will be considered fwmct|oma|iy equal 1oon item so named if: � � a. |m the exercise of reasonable judgment Engineer determines that: l) 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 cf performance and availability cf responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there wiQ be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform smbstant|aNytothe detailed requirements of the item named ]n the Contract Documents, B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equu|" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaKuato each "or-equal" request. Engineer may require Contractor to furnhsh additional data about the proposed "or-equal" item. Engineer will be the sole judge of acceptability. No "or-e,qual" 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 o/ other written communication. Engineer will advise Contractor im writing of any negative determminztiom. � EJlCDCO C-700,Standard General mmclitions of the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Council!of Engineering Companies, and American Society,x Civil Engineers. All rights reserved. Page oofos exmmTvr Page owuroas 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 � / mf the Contract Documents. E. Treatment as oJut«titutino Request:: Uf Engineer determines that an item of material or equipment proposed by Contractor does not quaUifyaxam "or-equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. / | 7.85 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains oriofollowed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of mmateri*| or equipment Linder the circumstances described below. To the extent � possible such requests shaUl 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 i,s 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. | � I The requirements for review by En8hneervvl|h 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 hem 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) he similar in substance to that specified,and 3) be suited 10 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 change im Contract Times, 2) whether use of the proposed substitute ham in the Work will require a | change in any ofthe Contract Documents (or in the provisions of any other � direct contract with Uwmer for other work on the Project) to adapt the design tothe 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 orroyalty. c will identify: 1) all variations of the proposed substitute item from that specified, and EJCoc°c-7ou Standard General conditions m the Construction Contract, Copyright @ 2013 National society of Professional Engineers,American Council of Engineering Companies, and«m^n,"^Society wcivi/Engineers. All!rights reserved. Page 2nmva cxum|T,, Page oomzso 2) available engineering,sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that wdU] osuk 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 attain 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, oru#Uzecl until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by x 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 mf any negative determimadum. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performanice guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a Y 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 swbstitmtle. | 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 shia|| 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 substitution request shall be final and binding, and may not be reversed through an appeal under any provision ofthe Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by | timely submittal ofa 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 he acceptable toOwner. 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, orother individual or entity to furnish or perform any of the Work against vvhiicb 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. ocnc°c-7o0,Standard General Conditions w the Construction Contract. Copyright mou3 National Society mx Professional png|o'enuAmenmnmmnmm/sm400cu"nwmpowes, and American Society vr civil Engineers. All rights reserved. Page m^'ns sxn|mTn Page oVwzoo E. Owner may require the replacement of any 5ubcuntmctor, 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 axepiacmmment tovvNchCumtracturbausremoonab|eoh)ecduu. |f[untvaotnrbassubmitted 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 tn make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity sn identified solely on the basis of substantive, reasonable objection after due investigation,, Contractor shall submit an, acceptable replacement for the rejected Subcontractor, Supplier, mr other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, o/ other individual or entity retained by Contractor to perform any part of the Work, then Contractor oho|| 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 mf Owner's requirement ofreplacement. | 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 uf 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 direct contract with Contractor, and of all other Subcontractors and � Suppliers known to Contractor at the time ofsubmittal. 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 nf 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 orin 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 tobe 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 app,|irab|e terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor vrSupplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor orSupplier. � omc c-7o0,Standard General Conditions m the construction Contract. Copyright @ 2013 National society of Professional Engineers,American Council of Engineering Companies, and American Society movaEngineers. Ali rights reserved, Page yom«a ExHIe|Tvv Page orm2mo 0. Nothng,in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between 8vvmer or Engineer and any such Subcontractor,Supplier, or other individual or entity; nor Z. 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 hy 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 n 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 vr Engineer, its use is subject to patent rights or copyrights calling for | the payment of any license fee nr royalty to others, the existence of such, rights shall be disclosed by Owner|n the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and bn|d ' 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 o/ copyrights incident to the use in � the performance of the Work m/ resulting from the incorporation in the VVod' 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 orcopyrights. 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 ousts) arising out ofor 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 ofany invention, design, process, product, or device not specified im 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 Contractors 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 EJcDCOc-7nu Standard General Conditions m the Construction Contract. Copyright @ 2G13 National Society of Professional Engineers,American Council of Engineering Companies, and American society v«Civil Engineers, Ali rights e,emeo' Page azv,us sxman*/ Page namono 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 aU] 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 orRegulations. B. |fCmntractnr 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 sha0 indemnify and hold harmless Owner and Engineer, and the officers, dine/too, members, partners, employees, agents, consultants,, and subcontractors of each and any of them from and against all cKaims, 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 ofo�r relating to such Work or other action. It shall not be Contractor's responsibility to make certain that Y � 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 Lamm 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, va|ue'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 aClaim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, i | Specifications, Addenda, Change Orders, Work Change Directives, Field 8,6eru' written interpretations and clarifications, and approved Shop Drawings. ComtoctorshaU 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 respooxibWity 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 un the Site nr who,may be affected by the Work; EJcoc°c-7mv'Standard senorao Conditions vf the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Councli of Engineering Companies, and American society m Civil Engineers. All rights reserved. Page uunros Fxmn|Tw/ Page eeu/cas 2. all the Work and materials and equipment to be incorporated therein, whether in, storage onur off the Site; and I 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, ortothe 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 mmmen 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 amy. 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 he remedied by Contractor at its expense (except damage or loss attributable tn the fault of Drawings or Specifications ortnthe 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 otthem). � 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 15.06.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial CompUetioo). 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 ma|mtaKming 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 orother hazard communication information required to be made available to or s/coc"c-7oo'Standard General conditions af the Construction Contract. Copyright @ 2013 National society of Professional Engineers,American Council of Engineering companies, and American society m Civil Engineers. Ali rights reserved. Page 3aofss sxmn|T'A' Page 1oou|usn 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 orare required as a result thereof,, |f Engineer determines that a change in the Contract Documents is required because of the action taken by Contraictmr in response to such an emergency, a Work[bamgo 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 pr Sample, Contractor shall have: / o. reviewed and coo,rdinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract U Documents; U b. determined and verified all field measurements, quantities, dimensions, specified ^ performance and design criteria, installation requirements, materials, catalog numbeo, and similar information with respect thereto; c. determined and verified the suitability ofa|| materials and equipment offered with respect tothe 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 obNgationx under the Contract Documents with respect to Contractor's review of that submittal, aind that Contractor approves the submittal. | | 3. With each submittal, Contractor ohaN 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 Umvvimgs or Sample submittal; and, in addition, in,the case of Shop Drawings by a specific notation mode 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 Urawings 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 omC11o00,Standard senemn Conditions of the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American CouncM of Engineering Companies, and American Society o,Civil Engineers. xm rights reserved, Page 3*mm provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.1G.D. Z. Samples: a. Contractor,shall submit the number of Samples required in the Specifications. b. Contractor xba0 dearly 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 7.1G.D. � � 3. Where a Shop Drawing or Samp,|e 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 xo|o expense and responsibility of Contractor, C. Other Submittals: Contractor shiall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Fng/ncer'sRemem/: \ 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals accep�able 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 asi�nd|catedby 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 e Shop Drawing or Sample shall not mUleve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor hax complied with the requirements of Paragraph 7.16A.3 and Engineer has given vv/ittcm 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 � o[the Contract Documents ina 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.Aand Q. � 6. Engineer's review and approval of Shop Drawing or Sample, oro[ avariation from � the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Prime, unless such changes are included in a Change Order, 7. Neither Engineer's receipt, review, acceptance or approval nfaShop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. � ocnc°c-7o4 Standard General Conditions w the construction Contract, Copyright 0 2013 National Society of Professional!Engineers,American Council of Engineering Companies, and American Society m Civil Engineers. All rights reserved. Paige oS«°vs Exn|o|Tn Page 1nzo1znv 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. EICDCe C-700,Standard General Conditions of the Construction Contract. Copyright 0 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.Alt rights reserved. Page 36 of 65 EXHIBIT -Page 103 of 255 D. If the Contract requires the Contractor to accept the assignment ofa contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contmnediw the assigned contxa/tshaU| govern with respect to Contractor's performance obligations to Owner for the Work described kn 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 indemmifyand 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 Nmktod 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 toor 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 o/anyone for whose acts any of them may heliable. 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 vvhume acts any of them may be liable, the indemnification obligation under Paragraph 7.18.Asha|| not he limited in any way by any limitation on the amount ortype of damages, compensation, or benefits payable byorfor � � Contractor or any such,Subcontractor,Supplier,or other individual mr entity Linder workers" / compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obUiKmtinmx mf Contractor under Paragraph 7.ID.& shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, | agents, consultants and subcontractors arising out of: l. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports,surveys,Change Orders, designs,or Specifications;or 2 8\v�n� directions or instructions, or give them, if i� the primary cause of � � � the injury vrdamage. 7.19 Delegation 4/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 nfapplicable Laws and Regulations. B. If professional design services or certifications by a design profesdoma| related¢osystems, 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 EJcuc°c-7o0,Standard General Conditions nf the Construction Contract. copyright Q 2013 National society of Professional Engineers,American Counm of Engineering Companies, and American Society ofci�vi/Engineers. All rights reserved. Page urmfo5 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 toEngineer. C. Owner and Engineer shall he 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 paragnnph, 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 lnthe 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 staled in Paragraph 7.16.D.1, E� Contractor shall not be responsible for the adequacy of the performance or design criteria i specified by owner orEngineer. | / ARTICLE O—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 ator 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, them Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advamce 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 per-forming 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 p�mopedy 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 mf Engineer and the others whose work will beaffected. U. If the proper execution or results of any part of Contractor's Work depends upon, work performed by others under this AnLicVe D, Contractor shall inspect such other work and promptly report to, Engineer |n 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. ocnc°c-7v0,Standard General Conditions m the Construction Contract. mn/nomt 9)2013 National Society of Professional Engineers,AmericanCouncil of Engineering Companies, and American society ov Civil Engineers. All rights reserved. Page 3mv,v5 exH/an'A' Page 1noo,con D.[Q 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 vv0| have authority and ruopnosib||ftyfor coordination uf the activities among the various contractors; Z. an itemization of the specific matters to he covered by such authority and rexponyibHity; ood l the extent of such,authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole / authority and 'expnns,ibiHty for such coordination, � 8.03 Lego/Relationships A. If, in the course of perform�ng 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 o/ 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 80dayx 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 apphcable, 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 tothe 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 e result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose n 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, [. VVhenOvvmerisperformlmgotherworkaturadjacemttothmSitewithOwne/oemp|oyees, Contractor-shall he liable 10 owner for damage\o 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 cwstomary measures with respect to Owner's other work. In response to such danmnQe, delay, disruption, or interference, 0vvmer may impose a set-off against payments due toContractor. ocnc~C-7n0,standard Genera/Conditions m the Construction contract, Copyright(Douv National society u,Professional Enxn=m,Am*w,°mm°nu/m/Engimeenm/cvmvu^/os, and American Society v,Civil Engineers. All rights reserved. Page smo5 Fxem|rvr Page 1oaoru5o 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 107 of 255 9.88 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.01.B. 9.09 Limitations vn Owner's Responsibilities A. The UwmerahaU| not supervise, direct, or have control or authority over, nor be responsible � | for, Contractor's means, methods, techniques, sequences, or procedures of construction, mr the safety precautions and programs incident thereto,ur for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OvvmervvN| 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 [nndbium is set forth in Paragraph 5.86. | 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that #manda| arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the VVvrk). 9.12 Safety Programs A. VVh||e 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 1O—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 im 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 mode 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 uf Owner, will determine, in general, |fthe Work is proceeding in accordance with the Contract Documents. Engineer vv0| not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts vviU| be directed toward providing for Owner o 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 Uinmitationson Engineer's authority and responslbi0tyset forth in Paragraph 10.08. Particularly, but without limitation, during aCoc°c-7n0,Standard General mammm^sv/the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society m civil Engineers. All rights reserved. Page mofes sxH|mTvv Page 1uomcua or as a result of Engineers visits or observations of Contractor's Work, Engineer will not supervise, direct, onrtnal, or have authority over orhe responsible for Contractor's means, : methods, techniques, sequences, or procedures of construction, or the safety precautions and programs inchdemtthenetm, mr for any failure of Contractor to comply with Laws and Regulations applicable tm the performance af 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|naccundamcm with Article 14. 10.05 Shop Drawings, Change Orders and Payments � A. Engineer's authority, and limitations thereof, aotnShop Drawings and Samples, are set | forth in Parograph7.1G. ' 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 | Paragnnph7.19. � [ Engineer's authority axto Change Orders ls set forth ln Article 1l. 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 ax set forth in Paragraph 13.O3. 1-0.07 Decisions on Requirements oƒContract Documents and Acceptability mfWork 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 ur responsibility orthe 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. ocoo°c'mo,Standard General Conditions vf the Construction Contract, Copyright @ 2013 Nationat Society of Professional Engineers,American Council of Engineering Companies, and American Society vr Civil Engineers. All rights reserved, Page«zmos sxnmF'x Page 1nnmxoo B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods,techniques, sequences, or procedures mf construction,orthe safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations appficable to the performance of the Work, Engineer will not be responsible for Contractor's Ka,Uureto perform the Work |n accordance with the Contract Documents. C. Engineer will not be responsible fmr the acts or omissions of Contractor or of any Subcontractor, any Supplier, orofany other individual or entity performing any of the Work, D. Engineer's review of the final Application for Payment and accompanying documentation " and aN maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by | Paragraph 15.06.Aw/Ul| only be to determine generally that their content complies with the � requirements of, and in the case nf certificates oY inspections,tests, and approvals,that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibiUity set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, ifany. 10.09 Compliance with Safety Program A. VVbi|e 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|N 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,ora 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 0rder. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price ur 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), o/ (3) other engineering or technical matters, without the recommendation of the Engineer.Such mn amendment shall be set forth ina Change Order. I. 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 Prime 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 EJcorc-7o0,Standard General Conditions or the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers. All rights reserved. Page 4mmos 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 mwrL submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 6O 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 i will be binding on Owner and also on Contractor, which shall perform the Work | involved prorwpt|y. 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 os provided herein. 11,02 Owner-Authorized Changes/n 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 Lnginee/s recommendation, to the extent the change involves the design (as set forth in the D�rawings, 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 [vr¢,acL 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 ofa � 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/n 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, orsuppUumnente6, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.0�S. 11.04 Change gf Contract Price A. The Contract Price may only be changed by a [hanQe {}rder. 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 ln the Contract Price will be determined aofollows: 1. where the Work involved io 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.O3);mr l. 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 a:cco,rdance with Paragraph 11,04.C,2); or � � l where the VVodu involved is not covered by unit prices contained in the [nntracL Documents and the parties do not reach mutual agreement tma lump sum, then on EJomn°c-7ou'Standard General Conditions m the Construction Contract. Copyright D 2013 National society of Profesoona,l Engineers,American Council of Engineering Companies, and American society mf Civil Engineers. All rights reserved. Page 4w^/*s 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 11.84l). [. Contractor's Fee: When, applicable, the Contractor's foe for overhead and profit shaU be determined as follows: U 1. amutuaUk/acceptxh|e 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 13.81.B.1 and 13.01.8.2, the Contractor's fee sha|UbeI5percent; b. for costs incurred under Paragraph 13.81.13.3, the Contractor's fee shall be five percent; o where p ' | a fee and no fixed fee b agreed upon, the intent of Paragraphs 11.01.C.Ia and ' 11.01.[2.b b 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.A2 by the | Subcontractor that actually performs the Work, ai whatever tier, and (Z) 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 tothe next lowerder / Subcontractor; provided, however, that for any such subcontracted work the maximum \otaV fee to be paid by Owner shall he no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall he payable oothe basis of costs itemized under Paragraphs 13.01.13.4, 13,01.8.5,amd 13.01.C; e. the amount of credit|ohe allowed by Contractor to owner for any change which � results in a net decrease in cost vviN 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 sha0 be computed on the busiis of the net change in � accordance with Paragraphs 11.04.C2.m through 11.84.[.Ie, inclusive. 11.05 Change 4f Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shaN comply with the provisions of Paragraph 11.05. 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 Cont/acto/spro8reyx. 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 orrelating to the acceptability nf the Work under the Contract Documents; contest a set-off against payment due; or seek other reUiefwnder EJcDC0c-7nu standard General Conditions w the Construction Contract. Copyright @noa National Society o,Professional Engineers,American Co�unmof Engineering Companies, and American Society mf Civil Engineers, All rights reserved. page 45vxm the Contract, The Change Proposal shall specify any proposed change in Contract Times or Cont/act 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, I. 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 (W any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall he accompanied by 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 cf the Contractor's supporting data, either deny the Change Proposal in,whole, . approve it in whole, or deny itim part and approve it in part. Such actions shall be in vvddnA, 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 I2. � 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 Articie12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, orothprwlxe),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 uf Article 1I. 11.87 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 xpt-off; 3. chanBesintheVVorkwNcharo: (a) ordenedbyOvvnerpuxsuam$toPuragraph11.U2, (h) required because of owner's acceptance cf defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed; 1ubythe parties, subject to the need for Engineer's recommendation if the change |m 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. ocoz"C-rmu,Standard General conditions of the Construction Contract. Copyright 0 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers. All rights reserved, Page*omas exme|Tn Page^1oo|xun B. |f Owner m Contractor refuses to execute a Change Order that is required toheexecuted under the terms ofthis Paragraph 11.87, lt shall be deemed tobeof full force and effect, as if fully executed. 11.08 Notification h/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 wr the provisions nf 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 ofeach applicable bond will be adjusted to reflect the effect cf any such change. ARTICLE 12—CL4|k&S 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted Ko the Claims process set forth im this Article: � ' 1� Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; � 2. Owner denmand'is 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 prvnmpt|y (but in no event later than 30 days) after the start of the event � giving rise thereto; ho the case of appeals regarding Change Proposals within 3Q days ofthe / decision under appea1. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility tmsubstantiate 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[nmtn*ci Price, or both, Contractor shall certify that the Claim is made in | good faith, that the supporting data are accurate and complete, and that tothe best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount 10 which Contractor lsentitled. C. Review and Resolution: The party receiving a Claim shaU| review it thoroughly, giving full consideration to its merits. The two parties uhoQ 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 Chaim shall be stated in writing and submitted to the other party,with,a copy toEngineer. D. Mediation: 1. At any time after initiation ofa 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 su!ch 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 EJC0C1p00,Standard General Conditions a the Construction contract. Copyright 0zmm National Society of Professional Engineers,American Council vr Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 47mo 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-hailf of the mediator's fees and costs, L. 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 ofClaim: 1f efforts to resolve 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, onthe Claim within 90 days, then either Owner nr Contractor may at any time thereafter submit aletter to the other party indicating that asa result ofthe 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. Rnn/ 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 infil and such arhvms become final and binding; then the results of the agreement or action on the Claim shall he incorporated in a Change Order tothe extent they affect the Contract, including the Work, ' the Contract Times,or the Contract Price. | ARTICLE 23—COST 8F THE WORK;ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination nƒCost o/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 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 uf the change in the Work or because nf the event giving rise to the adjustmemt. B. Costs Included: Except as otherwise may be agreed tuinwriting by Owner, costs included in the [v^t 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 13.01l, and shall include only the following items: 1. Pmy/n|| costs for employees ln the direct employ of Contractor ln 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 EJcoc°c/m\Standard General Conditions m the Construction Contract. Copyright mxoa3 National Society m Professional e^omeoo'ume,/canmnouu/vrsnwu^^nn«Companies, ainm American Society w Civil Engineers. Ali rights reserved. Page oomos thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or |oOa| holidays, shall be VncKuded in the above to the extent authorized byOwner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' fieVd services required in, connection therewith. All cash discounts shall accrue to Contractor unless Ovvuer deposits funds with Contractor with which tmmake 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 sh:a|| make provisions so that they may be obtained. � l 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 deNver 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 mrwe 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 spcdOcu|Uy � related to the Work. 5. Supplemental costs including the following: a. The prwpo�rtiom of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge mf duties connected with the Work. b. Cost including transportation and maimtenancc, 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 ofContractor. C. Rentals of all construction equipment and machinery, and the ports thereof, whether rented from Contractor urothers in accordance with rental agreements approved hy Owner with the advice of Engineer, and the costs of transportation, loading, unKoadiu@, assembly, dismantling, and removal thereof. AUY 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 1u the Work, not compensated by insurance or otherwise, sustained by Contractor in comnection with the performance of the Work (except ]oosox 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 � ococOc-7n4 standard General Conditions of the Construction Contract. Copyright mzmm National Society m Professional Engineers,American Council of Engineering Companies, and American society m,Civil Engineers. All rights reserved. Page oemos sxmo/Tvv Page 11nmzo5 other than the negligenice 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 uf utilities,fuel, and sanitary facilities at the Site. h Minor such a� communication service at Site, express and courier i � | services, and similar petty cash items in connection with the Work. ' i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. L Costs Excluded:The term Cost of the Work shall not include any of the following items: L Payroll costs and other compensation, of Contractor's officers, executives, principals | (of partnerships and sole prop rietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks, and other personnel employed by Contractor,whether nt the Site or in Contractor's principal or branch office for general � administration uf the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 1101.8.1 or specifically covered by Paragraph 13.U1.8.4. 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 Omntm#pr'y office at � the Site, � 1 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 tmproperty. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.O1.13. U. Contractor's Fee: When the Work as u m/ho|o is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value ufany � � Work covered by o 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 aa set forth in Paragraph 11.04I. E. Documentation: Whenever the, [orL of the Work for any purpose i; to be determined � � pursuant to this Article 13, Contractor will establish and nu\otaln records thereof in accordance with generally accepted accounting practices and submit in afnrm acceptable � to Engineer anitenmized 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. ocuc°c-7no'Standard General Conditions vr the Construction Contract. copyright @ 7013 National Society of Professional Engineers,American council of Engineering Companies, and American Society mf Civil Engineers, All rights reserved. page 50m65 sxH/anW Page^17ofunn 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 Z. 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 foreAuin8 will bevalid. � C. Contingency Allowance: Contractor agrees that m contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior tofinal payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts duo Contractor on account of Work covered by allowances, and the Contract Price shall 6e 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 � Worktimes the estimated quantity of each item as indicated in the Agreement. | Q. The estimated:, quantities of items of Unit Price Work are not guaranteed and are solely for the purpose ofcomparison 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 o 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 s Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price ifi / l- the quantity ofany 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 e decrease in Contract Price,and the par-ties are unable to agree as to the amount of any � such increase urdecrease. ococ°c-7u0,Standard General Conditions°/the Construction Contract. c^vvxom@zn13 National Society of Professional Engineers,American Council cx Engineering Companies, � and American Society of Civil Engineers. All rights reserved. Page szmvs � EXHIBIT'A' Page 11oofmn ARTCLE14—TE3T8 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 tothe 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. � 14.0 Tests, Inspections, andApp,romls A. Contractor shall gKve 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 ufaa 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 imcuned in connection with tests or inspections of covered Work shall be governed by the provisions uf Paragraph 14.O5�. C. If Laws or Regulations ofany public body having jurisdiction require any Work (o, part thereof) specifically to be inspected, tested, or approved by an employee or other representative ofsuch 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 orapproval. 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 o/test toOwner; � � 2. to attain Owner's and Engineer's acceptance of materials or equipment to be � incorporated in the Work; 3. by manufacturers mfequipmoentfurmlsheJunderthe[outractBocpmen1x; 4. for testing, adjusting, and bo|uwdmg of mechanical, electrical, and other equipment to hu incorporated into the Work;and S. for acceptance ofmaterials, 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, o,r 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 sha|U be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to suuc°c�00,Standard General Conditions m the Construction Contract. Copyright @m1y National!Society w Professional Engineers,American Council w Engineering Companies, and American Society o,Civil Engineers. Ail rights reserved. Page szo,os sxmmT'A' Page 11eor255 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. U. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice mfDefectx:� Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given toContractor. D. Correction, o/ Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractorshall correct aUl such defective Work, whether or notfabricated, 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, Contractorr-sha0 pay all claims, cuots, 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 frmomdefectixe Work. Prier to final payment, if Ovvne, and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may im,pose a reasonable set-off against payments due under Article 15, 14.04 Acceptance o/Defective Work ! A. If, instead af 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. |f 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 e 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 isfabricated, installed, o,completed. ocnc°c-7ou'Standard General Conditions^r the Construction Contract. Copyright wz013 National Society of Professional Engineers,American Council vf Engineering Companies, and American society m Civil Engineers. All rights reserved. Page oof*s ExH|Bx'A' Page 12owxoo H. 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 a1 Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer / or inspected or tested by others, thou Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion uf the Work ln 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 teall costs of repair orrcp!acemmentofwork 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 ix not defective. 14.06 Owner May Stop the N/m/k A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable rmateriaKs or equipment, or fails to perform the VVudk in such a way that the completed Work will conform to the Contract �Documemts, then Owner may order Contractor to stop � | the Work, or any portion thereof, until the cause for such order has been eliminated; havvever,thisrightof0wne/tostoptheVVmrkshaWnotgiverisetounydmtynnthe 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 mp|aoo 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, Ovvmcr shall proceed | expeditiously. |n connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of u0 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 pulJ Contractor but which are stored elsewhere. Contractor shall al|pvv 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 agai�nst Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will � omeo00,Standard General Conditions of the Construction wntrw . Copyright moua National Society w Professional Engineers,American Council m Engineering Companies, and American society of Civil Engineers. All rights reserved. Page som*aa sxmn|Tn' Pwue1u1 mun5 include but not belimited to all costs of repair, orreplacement of work of others destroyed or damaged by correction, removal,or replacement nfContractor's defective Work. D. Contractor shall not bo allowed an extension uf 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 Poynnents:The Schedule mf Values established asprovided in Article 2will serve as the basis fo,r progress payments and will be incorporated into a form of Application � for Payment acceptable to En8ioeer. Progress payments on account of Unit Price Work will \ be based on the number ofunits completed during the pay period, as determined under the provisions ofParagraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: / 1. At least lQ 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 a; of the date of the Application and accompanied by such -supporting documentation as is required by the Contract Documents. |f payment ls � 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 Apphcation for Payment shall also he accompanied by bill ofsale, invoice, or other � documentation warranting that Owner has received the materials and equipment free and clear ofall 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 1oOwner. 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 ofretuina0e with respect to progress payments will beas stipulated inthe � Agreement. � C. Review pfApplications: � 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmhttal, 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 roxubnmlt the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: _ ocuc1c-7ou,Standard General Conditions of the Construction Contract. Copyright 0 2013 National Society of Professional Engineers,Arnerican Council of Engineering Companies, and American Society vf Civil Engineers. Ali rights reserved. Page s5msy cxmo|Tn' rnpe 12em255 a. the Work has progressed tothe point indicated; b. the quality of the Work is generally in accordance with the Contract Documents � ! (subject to an evaluation of the Work a, a functioning vvho|o 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 rem»mmendatiom);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. l By recommending any such payment Engineer will not thereby be deemed to have represented that: x. inspections made tn check the quality orthe 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 h. there may not be other matters nrissues between the parties that might entitle Contractor to be pulJ additionally by Owner or entitle, Owner to vvithkv@ payment to Contractor. � 4. Neither Engineer's review of Contractor's Work for the purposes of recommending � payments nor Engineer's recommendation o[ any payment, including final, payment will impose responsibility on Engineer: a. tn supervise, direct, mr control the Work, or | b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, nr , C. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, *r d. to make any examination to ascertain how or for what purposes Contractor has ' used the money paid om account nf the Contract Price, nr / e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear mf any Liens. 5 Engineer may refuse to recommend the vvho|c o, any �o� of any payment i� �� | � | 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: � o. the Work iy defective, requiring correction urreplacement; � � b. the Contract Price has been reduced by Change Orders; c Owner has been required to correct defective Work in accordance with Paragraph l4.07, or has accepted defective Work pursuant to Paragraph 14.04; J. Owner has been nzqw|re6 to remove or nemcdiate a Hazardous Environmental Condition for which Contractor io responsible;mr � oCDCIc-7o0,Standard General Conditions m the Construction Contract. Copyright @zmza National Society m Professional Engineers,American muncmm Engineering Companies, and American society m civil Engineers. All rights reserved. Page spwos exmu|T'A' Page 1caof000 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 mndcrthn Contract Documents. D. Payment Becomes Due: l. Ten days after presentation of the Application for Payment to Owner with Engineer's l recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner toContractor. E. Reductions in Payment byOwner: 1. In addition tuany 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 uf Contractor's conduct in the performance o/ furnishing of the Work, or owner has incurred costs, losses, or damages on account vfContractor's conduct imthe performance or furnishing nf the Work, including but not limited to claims, costs, losses, or danmaOes from workplace injuries, adjacent property damage, non-compliance with Laws, and 1 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; | 6. Owner has been required to remove or romcdiate a Hazardous Environmental Condition for which Contractor isresponsible; e. Owner has incurred extra charges or engineering costs related to submittal / reviews, evaluations of proposed substitutes, tests and inspections, o�r return visits to manufacturing nr assembly facilities; [ the Work iu defective, requiring correction orreplacement; g. Owner has been required to correct defective Work io accordance with Paragraph � 14.O7,or has accepted defective Work pursuant tu Paragraph 14.04; h. the Contract Price has been, reduced 6y Change Orders; i. an event that would constitute o default 6y Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure tm achieve Milestones, Substantial Completion, orfinal completion nf the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered u specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; i there are other items entitling Owner to o 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 v copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJcnc"srvw'Standard General Conditions of the Construction Contract. Copyright 0 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 5/mvs sxmanvr Page 1u*mcnn 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 reductinw impo�ued 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 woongf Nywi[hhe|d uhaU| be treated as an amount due as determined by Paragraph 15.O1{.1 and subject to inite,est as provided in the Agreement. 15.02 Contractor's Warranty oƒTitle / 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, |icens|nA, copyright, or royalty obligations, no later than seven days after the time of payment byOwner. 15.03 Substantial Completion A. When Contractor nonoldam the entire Work ready for its intended use Contractor shall � notify Owner and Engineer in writing that the entire Work is substantially commpUe1e 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 fina| 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 i the reasons therefor. C. If Engineer considers the VVorksubmLantiuUy complete, Engineer will deliver to Owner e preUmmimary 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 vviU|, 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 Uist of items to be compUeted 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 oumfor 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. 0e|esu Owner and Contractor agree otherwise iw writing, Owner Shall bear responsibility for security, wperatioo, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy o[the Work. � ococ°sro0,Standard General Conditions n,the Construction Contract. cvprn*m@ 2013 National Society m Professional Engineers,American council mf Engineering Companies, and American Society mv Civil Engineers. All rights reserved. Page som*5 sxn/mrvv Page 1uom2s: 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,followingithe 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 nw the punch list. 15.04 Partial Use orOccupancy 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 he used by Owner for its intended purpose without significant interference wi1h 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 aQrcon that such part of the Work is substantially complete, Contractor, [)vvoor, 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 he substantially � complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part uf the Work tobc 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 Port of the Work may occur prior to compliance with the requirements of Paragraph 6.85 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 mfinal 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 nrdefective. ContractnrshinU 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 mointena�nce and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of ococ°c*00,Standard General Conditions^,the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers. Ali rights reserved. Page sov/a5 Exn|o|Tn' Page 1zwnfzno inspection, annotated record documents (us, 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: u. all documentation called for kn the Contract Documents; k consent of the surety, if any,tn final payment; C. satisfactory evidence that all title issues have been resolved such that title toall Y 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 nf all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory tnOwner) of all Lien rights arising Out of the Work, and of Liens filed in connection with the Work. 9. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.I 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 anyway 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 faHs to furnish such u release or receipt in KmU, Contractor may furnish p bond or other collateral satisfactory to Owner to indemnify Owner against any Lieu, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. 8. Engineer's Review of Application and Acceptance: � 1. If, on the basis of Engineer's observation of the Work during construction and finial 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 paymewi. 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 0vvnor 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. Comp/et/on of Work: The VVnr& 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 tu Owner of the final AppNcvt|on for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, eJcucOc-7o0,Standard General conditions m the construction contract. Copyright mzuz»National Society^/Professional Emgioeers,xmencauou^m^/mnmee,mummnan/es, and American Society o,Civil Engineers. All rights reserved. Page oomas sxH|mT'/v Page 1urnrxoo including but not limited Wu set-offs for liquidated damages and set-offs allowed under the provisions above with respect tn progress payments) will become due and shall be paid by � Owner toContractor, 15.07 Waiver ofClaims A. The making of final payment will not constitute a waiver by Ovvoor 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 ofall claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions wf 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 Dacumen\s), 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 accor6amce with Owner's written instructions: � l. correct the defective repairs tu the Site or such other adjacent anaas; Z. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and | replace |t with Work that is not defective, and 4. satisfactorily corrector repair orremove and replace any damage to other Work, to the work o[others, orto other land ur areas resuffingtherefrom. | 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 ofloss or damage, owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, [on1ractorshaU| pay all claims, costs, losses, and damages (including but not limited to aU| fees and charges of engineers, architects, attorneys, and other professionals and all court orarbitration or other dispute resolution costs) arising out ofor relating tn � such correction or repair nrsuch removal and replacement (including but not limited to all costs of repair nr replacement uf work mfathcm). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion mf all the Work, the correction period for that item may start to run from an earlier date i[uo 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 tusuch Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. ococ~c-7n0,Standard General Conditions m the construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers. All rights reserved. Page o1*f 65 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 arid equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, EICnc®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 62 of 65 EXHIBIT'A -Page 129 of 255 and damages exceeds such unpaid balance, Contractor shall pay the 6kKemoce to Owner. Such claims, costs, losses, and damages incurred hy 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 Linder 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. Uf and tothe 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.OZ.8 and 16.O2.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 shvN6e paid for(without duplication nf 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; 1 expenses sustained pirimrtothe 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 reasonn6Ke 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, � � nr other economic loss arising out ofor resulting from such termination. 16.04 Contractor May Stop Work orTerminate A. If, through no act or fault of Contractor' (1) the Work issuspended for more than 98 � consecutive days by Owner or under an order ofcourt or other public authority, or (2) Engineer falls 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 i 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 on Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finaUly determined to � be due, Contractor may, seven days after written notice to Owner and Engineer, stop the | VVorkunti| 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 Cont/act Price or Contract Times or otherwise for EJ CDC"c-7n0,Standard Genera/conditions mv the Con StmctiomContract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies, � and American Society a/Civil Engineers./w/rights reserved. Page oyvfss expenses ordmmage directly attributable to Contractor's stopping the Work ax permitted by this paragraph. ARTICLE 17—FINAL RESOLUTION OFDISPUTES 17.01 M�cLhodx and Procedures � A. Disputes Subject to Final Resolution: The following disputed matters are subject to final rezv|utlum under the provisions of this Article: I. A timely appeal of an approval in part and denial in part of a Claim, or of a Jeni�al in full; and Z. 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 mfDisputes: Fo�r any dispute subject tm 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 � � J. agree with the other party to submit the dispute to another dispute resolution � prooess; or � 3. if no dispute resolution process is provided for in the Supplementary Conditions or nmmtuaU|ynQeedtc4givewrittoonoMcetnthectherpmrtyofthmhntenttusubmitthe dispute toa court ofonmmpetemtjurisdiction. ' ARTICLE 18—MISCELLANEOUS i 18.02 Giving Notice X Whenever any provision, of the Contract Documents requires the giving of written notice, it will 6e deemed to have been validly given if: ' 1. delivered in person, by a commercial courier service or otherwise, to the individual mr tua member mf the firm nrtoao officer of the corporation for which itis intended; or 3. delivered at or sent by registered or certified mail, postage prepaid, to the last business add ree known to the sender of the notice. i 18.01 Computation oƒTimes A. When any period of time is referred to in the Contract by days, it will he 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 wi|Ube 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 tothe parties hereto are in addition to, and are motto be construed in any way ao 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 beos effective es if repeated specifically inthe Contract Documents, in connection with each particmlar duty, obDgation' right, and remedy to which they apply. e/cuc1c-7a0,Standard General Conditions m the Construction Contract. convwoht @ 2013 National society of Professional Engineers,American Council of Engineering Companies, and American S^dom*Civil Engineers, All rights reserved. Page mo,o5 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 C)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 132 of 255 SUPPLEMENTARY CONDITIONS EXHBIT'A'-Page 133 of 255 EXHIBIT'A'-Page 134 of 255 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS ARTICLE PAGE NO. I 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—00800-4 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 SC—00800-10 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 135 of 255 SUPPLEMENTARY CONDITIONS GENERAL These Supplementary Conditions amend or supplement the Standard Gonom| Conditions of the � Construction Cmotnmok (EJCDC C'700. 2013 Edition). All provisions which are not no amended or � supplemented nome|m |m full force and effect. ^ The terms used in these Supplementary C*mcOdouu will have the meanings stated in the General Conditions, Additional terms used |n these Supplementary Conditions have the meanings, stated beUow, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the mddnouu system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE I —OEF|N|T[UNS AND TERMINOLOGY ` 8C '1.O1 | Delete subparagraph 1.01.A.18 in its entirety and insert the following in its place, 18. Drawings'The pod of the Contract Documents that graphically shows the 000pa, axterd, 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 p|moo. ' 47. Work—The entire construction or the various separately identifiable pudo thereof required to ' be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, aemiooe, and documentation mmuaaaary to produce such construction; h/mishiog, installing, and incorporating all mnm1eriu|u and equipment into such construction; and may include related aem|oon such as byuUng. Start'up, and commissioning, all as required by the Contract Dooumomts., Add the following paragraph after paragraph 1.O1.A.4B.: 49. Startup - ' Coonjimated operation of facilities by the Contractor, Subcontractors, Suppliers, and Owner aft�erimstaUatiom and testing, are complete and operation and rmuin1enumoo data has been submitted and approved. Startup in considered complete when, in the opinion of the Engineer, the facilities have properly operated for continuous days without significant interruption. ARTICLE 2—PRELIMINARY MATTERS � 8C-2J01 Delete Paragraph 2.Q1.C. [m its entirety. SC '2.O2 Delete paragraph 2.O2�� imit entirety and insert the following in its place: A. Owner shall furnish to Contractor one (1) printed or hard copies of the Project K8onue| and one (1) printed orhard copies of hu|f-acu|a Dnawingu, and one copy imelectronic portable � � document format (PDF)� Additional copies will be furnished upon request at the cost of reproduction. � Donohue & Associates, Inc. SUPPLEMENTARY CONDITIONS � U08UU1 Project No, 13868'A7 Exo|o/Tvv Page 1arufuon B. One set of Drawings in AuhCAO electronic format will be provided to the Contmnbor. Electronic files vi0 be delivered upon receipt of a signed disclaimer form and niAmod Owner release. A disclaimer form in included in the Appendix. ARTICLE 3—QOCUK0ENT8: INTENT, REQUIREMENTS, REUSE U � SC—3.01 ^ Delete Paragraph 3.O1.& im its entirety and replace b with the following: B. |tiu the intent cf the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, doommento0on, snmicas, maiaho|u' 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 cont to Owner. SC—J.D3 Delete paragraph 3.03.A.3. in its entirety and replace i(with the following: 3. Contractor shall not bo liable to Owner or Engineer for failure h»report any conflict, error, mmbiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. 3C-8.O4 Add the following subparagraph after paragraph 3.O4.A:� / 1. A request for written, interpretation or clarification of the Contract 0ooaman1a shall be submitted on the Request for Information (RFl) form provided in the Appendix of this Project Manual. ARTICLE 4—COMMENCEMENT AND PROGRESS C>F THE WORK SC '4.O1 Delete the last sentence of paragraph 4.0i.A, in its entirety and insert the following in its p|em*: In no ovamtviN the Contract Times commence to run later than the 8511' day after the day of Bid � opamingortha38mdaya/terthaEffoo0vaDateoftheAgnynmewLwhiohaverdutaioear|ior. � SC-4.O5 Delete paragraph 4.05.Ain 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 in responsible dmlayv, disrupts, or interferes with the performance or progress nf the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times. Such an adjustment shall be Contractor's om|o 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 en provided for ioparagraph 17.Q1. Contractor shall make no Claim for damages au delay in the performance of the Work occasioned by acts or neglect by Owner or any ofits | representatives, including Engineer, or because or any injunction, which may be brought | against Owner or its nopneneoLo1iveo. including Engimoer' and ogmoo that any such claim | SUPPLEMENTARY CONDITIONS Donohue &Associates, Inc. 00800'2 sxmanN Page 1nnmzno Project No. 13860-A7 / 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. Delete paragraph 5.04.D.4 in its entirety and replace it with the following: Donohue&Associates, inc. SUPPLEMENTARY CONDITIONS Project No. 13860-A7 00800-3 EXHIBIT'A'-Page 139 of 255 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: 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. Delete Paragraph 5.05.E.3 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 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.i. 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. ARTICLE 6—BONDS AND INSURANCE SC—6.01 Add the following language at the end of paragraph 6.01.D.: SUPPLEMENTARY CONDITIONS Donohue&Associates, Inc. 00800-4 Project No. 13860-A7 EXHIBIT'A -Page 140 of 255 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 6.03.8 and 6.03.C. of the General Conditions: General Aggregate 2,000,000 Products- Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence (Bodily Injury and Property Damage) 1,000,000 3. Automobile Liability and related coverages under paragraph 6.03.D of the General Conditions: Donohue &Associates, Inc. SUPPLEMENTARY CONDITIONS Project No. 13860-A7 00800-5 EXHIBIT'A'-Page 141 of 255 Bodily Injury: Each person $ 1.000^000 Each accident $ 1.Q00.000 Property Damage: Each accident 1.000,000 -- i 4. Umbrella or excess liability and related coverages under Paragraph 6.03.E of the General Conditions: Per Occurrence $ 1.000.000 ' General Aggregate $ 2.000.000, Retention $ 10.080 5. Contractors Pollution Liability Insurance and related coverages under Paragraph:6.03.F, of the General Conditions: Each Occurrence $ 1.000,000 General Aggregate $ ___ 1'008.000 Deductible $ 1Q08U . | Ufbuxische�ked Contractor is. . ^� Pollution Liability insurance under this Contract S. In addition to those identified in the General Conditions, the following persons or entities ehpN | be listed as additional insureds: � a. Richmond Sanitary District b. City o[Richmond, Indiana � c. Donohue&Associates, Inc. SC—[LUS � Add the following subparagraph immediately following subparagraph 6.05.A.1.: u. In addition to the individuals and entities upacifiad, include as named insureds the following: 1) Richmond Sanitary District � 2) City ofRichmond, Indiana 3) Donohue&Associates, Inc. Delete Paragraph G.U5.&12. im its entirety and replace lt with the following: SUPPLEMENTARY CONDITIONS Donohue &Aeumcimtoa. Inc. 00800'6 Exmn|T.n Page 1*um(zos Project No. 138OO-A7 12. include testing and 3tart-up. Delete Paragraph 6.06.A-13, in its entirety and replace itwith the following: 13. be maintained in effect until final payment. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.O2 Delete Paragraph 7.02.13in 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 an otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor w|| not perform Work on a Saturday, Sundny, or any |eyui holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent. SC '7.O3 Add the following new paragraph: after paragraph 7.03.C.: � / D. Un|mon /dhe,w|aa indioated, design of this Project is based upon the nnotmda| and equipment named first in the list of Supplier's in a Specification section. Engineer has performed an evaluation of other listed Supplier's mahahm| and equipment and has determined it to be equal in quoUty, function and padbnoamoo to, that of the Supplier named first. When other Supplier's are |isted. Contractor may be required to make modifications or adjustments, at Contractor's expense, to coordinate the installation, of the furnished material and equipment with aauno|abmd elements of Work, such as, but not limited to, piping and electrical � connections, or support and mounting provisions. � " SC-7.U4 ^ � Add the following aa the last sentence bm Paragraph 7.O4,4. Where the specification or description does not contain or is not followed by words reading "or equu|''. other itomnnofmatedm| prequipm*ntarmabedm| orequipmentofckharuupp|iormmayhe submitted to Engineer for review under the circumstances described for"substitute" items in GC— 7.05, / SC'7.US | | Add the following new subparagraph immediately after paragraph 7.05.A.3.d: | e. The application for review of m substitute shall be on the Contractors 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 euhoUiuUe in applications of approximately the same size and complexity, and the same design as those to be furnished forthie �Prcject. Include in the |notaUoUnn List, as a minimum, the owner's name, addreoo, and telephone number; engineer's name, address and telephone number; location and name ofproject; innie|UoUon date, startup date, and date of final acceptance by owner; and application of material or equipment. If the axRor|enoa indicated by the Installation List doom not demonstrate at least 5 years of successful operation of the proposed ambudtubo item. Owner may require Contractor and Supplier to � furnish, at Contractor's expunne, e special performance guarantee with surety bond as � Donohue&Associates, Inc. SUPPLEK8ENTARYCONOUT|ONQ Project No. i3OOO'A7 sxHOry`. Page 1*3of255 00800-7 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.: 1, 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 piece. 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 properly 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.: 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 SUPPLEMENTARY CONDITIONS Donohue &Associates, Inc. 00800-8 Project No. 13860-A7 EXHIBF'A'-Page 144 of 255 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: 1. 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 8.03.1D ID. 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, 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, 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, Donohue & Associates, Inc. SUPPLEMENTARY CONDITIONS Project No. 13860-A7 00800-9 EXHIBIT'A'-Page 145 of 255 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. ARTICLE 11 —AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK SC— 11.04 Delete paragraph 11.04,B.2. in its entirety and insert the following in its place: SUPPLEMENTARY CONDITIONS Donohue&Associates, Inc. 00800-10 Project No, 13860-A7 EXHIBIF'A'-Page 146 of 255 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.'4.1 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.B 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 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. Donohue &Associates, Inc. SUPPLEMENTARY CONDITIONS Project No. 13860-A7 -Page 147 of 255 00800-11 EXHIBIT'A' 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.B.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 15.06.11.: 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. SUPPLEMENTARY CONDITIONS Donohue& Associates, Inc. 00800-12 Project No. 13860-A7 EXHIIBIT'A'-Page 148 of 255 ARTICLE 1G—SUSPENSION C)F WORK AND TERMINATION SC- 16.U1 Amend paragraph 16D1.A. by striking out the words ~3Q days" in and inserting the words "ten days" in their place. 3C ^ 10.02 | Add the following to and of paragraph 18.02.Q. � `within no more than 3O days of receipt ofoaidmoUma^ SC-1G.U4 Amend paragraphs 10.04.A. and 16.04,8. by striking out the wmrde~38 days" in four p|uueu and inserting � the words "60 days" in their place and by striking out the words "seven days" in two places and inserting the words"ton days"lntheir place. � ARTICLE 17—FINAL RESOLUTION OF DISPUTES Delete paragraph 17.01.13. in its entirety and |nsed 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 dispu:te 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 17.013 shall commence an action on the Claim within one year of giving such notice. Failure todmau shall result in the Claim being lime-barred and the action mr denial shall become final and binding. ARTICLE 18—MISCELLANEOUS SC-18.01 Delete Paragraph 18.01.A. in its entirety and revise it10 read the following: A. Whenever any provision of the Contract Documents ruqu]naa the giving of written notice or the delivery of any Bond, Agreement, Certificate of Insurance or any other itom, it will be deemed to have been validly given if: l. 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 otorsent by registered or certified ma||, postage pnapaid, to the last business address known \o the sender mf the notice. SC-18.A9 Add the following new paragraph immediately after paragraph 1&&8: � Donohme& Associates, Inc. SUPPLEMENTARY CONDITIONS Project No. 13800'A7 exmflrrn. Page 1+9m255 0088043 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 SUPPLEMENTARY CONDITIONS Donohue& Associates, Inc. 00800-14 Project No. 13860-A7 EXHIBIT"A"-Page 150 of 255 SPECIFICATIONS EXHIBff'A -Page 151 of 255 f EXHIBrf'A -Page 152 of 255 DIVISION GENERAL REQUIREMENTS EXHBIT A -Page 153 of 255 EXHIBIT°A"-Page 154 of 255 SECT|ONO111O SUMMARY OFWORK PART1 —GENERAL � | 1�01 SUMMARY A. The Work of this Contract is generally described as repair and/or replacement of grating and/or miOnyin the following structures at the Wm. E. Ross Wastewater Treatment Plant: 1, 2OO—Rectangular Primary Building 2. 201 —O|d Lab Building 3. 3Q5—Aeration Effluent Channel 1.02 WORK BYOTHERS A. Work on Site which will be, or has been executed prior to, or after, start of Work on this ,Contract and may be concurrent to this Contract, but is excluded from this Contract: 1. VVm, E. Ross Wastewater Treatment Plant Phase I Improvements — ongoing through C)otobpr2O21. 1.03 WORK SEQUENCE A, Construct Work in accordance with following requirements and to accommodate operation of existing facilities during construction period. Coordinate construction progress nchmdw|o 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 ofdrainage courses is ` | strictly prohibited during construction. In the event accidentally bypassing is caused by the: | Contractor's operations, the Owner ehoU immediately be entitled to employ others, at the Contractor's expense, to stop the,bypassing without giving written notice to the Contractor. C. Ponn|Uep imposed on the Owner as m nsnu|\ of any bypass caused by the actions ufthe Comtnsotor, his employees, or nuboomtnon\ora, shall be borne in full by the Contractor, | � including |ogo| fees and other expenses to the Owner resulting directly or indirectly from the bypass. O. 0raining, Cleaning, and Dewatering of Tanks, Channels, Conduits and Piping I. Unless specified otharwiuo, draining, o|aaning, and dewaterinq of bunkv, chanme|a, conduits, piping, and other facilities and proper Wxpuaa| of removed onUdo shall be performed by Contractor as required 10 complete Work. l l UnS*oo specified otherwim*. Owner will not drain, dewn, and dawoterfeo|iboe to omab|a Contractor to complete Work. 3. Contractor ohaN 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. 4. Unless specified otherwise, the Contractor shall pump draining, cleaning, and dewatering material 0ma location au directed by the Engineer. E. Wastewater flow through all plant treatment processes must be maintained at all times except ux specified below. Contractor shall plan, schedule, and coordinate Work such that degree cf � Donohue &Associates, Inc. SUMMARY OFWORK Project No. 13880-A7 sxH|Brr.A' Page 1nsmzos 01110-1 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. No interruptions in flow through plant are anticipated to complete this work. Flow may be partially interrupted with prior written approval of the Owner. 1.04 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. 1.05 OWNER OCCUPANCY OF PREMISES A. Owner will occupy site and existing facilities during entire construction period for conduct of normal operations. 1 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. PART 2—PRODUCTS (Not Used) PART 3—EXECUTION (Not Used) END OF SECTION SUMMARY OF WORK Donohue&Associates, Inc. 01110-2 Project No. 13860-A7 EXHIBIT'A'-Page 156 of 255 GECJ|UNO1205 SCHEDULE [}FVALUES PART 1 ' GENERAL 1.01 SUMMARY A. Provide a detailed breakdown of the Contract Pdoa showing amounts and quantities allocated to each of the various parts nf the Work, as specified herein and as naqu|nad by General Conditions. B. Upon request of Engineer, support amounts and quantities with data substantiating their uoreo1noms. 1.02 FORM AND CONTENT 0F SCHEDULE ()FVALUES A� Schedule shall be typed on8-1/2'in. by11'|n, white paper. Contractor's standard forms and automated printout will be considered for approval by Engineer upon request. Include fn||owing� 1. Project title. 1 Project location. 3. Owner. 4. Engineer. � 5. Engineer's project number. 8. Name and address ofContractor. 1 7. Corknao*designation. 8. Date. B� Identify installed value nf Work in, sufficient detail to serve aa basis for computing values for progress payments during construction. C. Provide o eepero8a listing of general h1orma, such as bonds, |nemmnoe, mobiUzadon, field supervision, construction facilities, allowances, and record documents. D. Follow Project Manual table of contents as format for listing component items. At a minimumm. listing oheU include mo(ehw| cost and total installed cost for each, Specification Section,for each structure emUis,ted |n this Section. 1. Identify each line item with number and UUa mf respective Specification, Division and Section. l include directly proportional amount of Contractor's overhead and profit. 3. For items on which pvogmaaa payments will be requested for oXomyd mator|o|n. break � � down value into� a. Cost mf materials, delivered and unloaded. � b. Total installed value. E. Provide listing ofitems for sitewurkmnd for each structure asfollows: 1. Contractor's Overhead. a. Bonds and Insurance b. Mobilization x. Office Support Donohue & Associates, Inc. SCHEDULE OFVALUES Project No. 13860'A7 exmm|Tvv Page 1ormrcos 01205-1 d. Field Supervision e. Demobilization 2. 200—Rectangular Primary Building 3. 201 —Old Lab Building 4. 395—Aeration Effluent Channel F. Sum of values listed shall equal total Contract Price. G. Provide additional breakdown as required by Engineer. 1 PART 2—PRODUCTS (NOT USED) PART 3—EXECUTION (NOT USED) END OF SECTION 1 1 SCHEDULE OF VALUES Donohue &Associates, Inc. 01295-2 Project No. 13860-A7 EXHIBIT'A'-Page 158 of 255 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. Donohue & Associates, Inc. PROJECT MEETINGS Project No. 13860-A7 01315-1 EXHIBIT'A'-Page 159 of 255 4. Subcontractors' or Suppliers' representatives Contractor may desire to invite orEngineer may request. S, Owner's representatives. G. Engineer's representatives. 7. Local m0|Lynyprauantativaa, if applicable. C. Agenda: 1. Organizational arrangement of Owner's and Engineer's forces. 2. Organizational arrangement of Contractor's, Subcont'ectmru', and moo1erei and equipment Suppliers' forces. 3. Contract Documents, including distribution of required copies. 4. Project safety. 5. Preliminary Construction Progress Schedule. 0. Check of required bonds and insurance. 7. Liquidated damages. 0. Preliminary schedule o[Shop Drawing submissions. Q. Procedures for handling submittals. | � 10. O & M submittals,. 11. Chumme|a and procedures for commumivabona, correepondonoe, and project coordination. 12. Weekly and monthly meetings. 13. Equal opportunity requirements. 14. Laboratory and field testing requirements. 15 Provisions inventory stored nn'p8o or i � � 16. Schedule ufvalues. 17. Application for progress payments. | 18. Field Order and Change Order procedures. � 10, Project Record Documents. 20� Posting of naqu|nad signs and notices. 21. Other business. 3.02 MONTHLY PROGRESS MEETUNBS A. Sohnduke monthly meetings. � B. Location: Contractor's field office. / C. Attendance: i. Contractor's Project Manager. 2. Contractor's Resident Superintendent. 3. Affected Subcontractors. D�, Suggested Agenda: 1. Review ofrmlmutemof previous mooting. 2. Review uf Work progress since previous meeting. 3. Project safety concerns. 4. Field observations, problems, conflicts. � � 5. Problems impeding Construction Progress Schedule. 6. Review pf off-site fabrication, delivery schedules. 7. Corrective measures and procedures to regain conformance with CummtmmoOon Pnogvaua Schedule. B. Revisions to Construction Prugmaau Schedule. D. Issues raised by Owner and Engineer. PROJECT MEETINGS Donohue&Aonociotox. Inc. 01315'2 ExnIs|Tvv Page 1aovrzos Project No. 13860'A7 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 Donohue &Associates, Inc. PROJECT MEETINGS Project No. 13860-A7 01315-3 EXHIBIT'A'-Page 161 of 255 EXHIBIT"A"-Page 162 of 255 SECT|UNUi321 CONSTRUCTION PHOTOGRAPHS PART 1 -GENERAL 1.01 SUMMARY A. Provide digital-format photographs taken m( the specified stages during uomutruuUun. and in accordance with provisions ofthis Section. B. Provide color video of existing facilities taken before commencement of construction. 1.02 SUBMITTALS A� Submit digital photographs on o|eotrmm|c media acceptable to the Engineer. Digital photographs shall be common retrievable format as opacd0md by Engineer during PnauonatmntionConferemoa. Submit with each application for payment. B. Submit color video of existing facilities using electronic media and format acceptable to the � � Engineer. Submit prior tn commencement ofconstruction. PART 2 ' PRODUCTS " 2.01 PHOTOGRAPHS A. Provide color prints: 1. Boohonio files shall be in JPG. T|FF, or othornommunly used formal. Files shall be � named to adequately describe the photo without the need tu open the file. B. Submit� � | 1. Project 2. Engineer's project number. 3. Orientation of view. 4. Date and time ofphotograph. S. Photograph number. � � G. Contractor's name and address. PART 8 - EXECUTION 3.01 PHOTOGRAPHIC REQUIREMENTS A. Take photographs a1 each major stage ufconstruction. 1. Before commencement nfconstruction. 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. 8. Make each photograph o|omr, in f000m, with high resolution and sharpness, and with minimum distodimn. 3.02 V|EVV8 Donohue &Aaaooiatee, Inc, CONSTRUCTION PHOTOGRAPHS U1321 1 Pmja��No. 1388Q'A7 Exwm|Tvv pauwmuscwo ' 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 CONSTRUCTION PHOTOGRAPHS Donohue & Associates, Inc. 01321-2 Project No. 13860-A7 EXHIBIT'A°-Page 164 of 255 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 Engineer and Owner with copies of preliminary schedule, and subsequent revisions thereof,for review. B. Three days prior to monthly Project Meetings as required by Section 01315, furnish Engineer and Owner with copies of proposed revised schedule. 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. 13860-A7 01326-1 EXHIBIT A'' -Page 165 of 255 8. Show dates for beginning and completion of each major element of construction and installation dates for major equipment items. Include: a. Each individual task mfconstruction. lb� Procurement of equipment and systems including Shop Drawing nubm|Ku|x. Engineer's review of submittals, shop tests, and delivery dates. n. Identification o[Work that will affect existing plant operations. d. 8emiooa of manufactures' representatives. e. Startup dates for major equipment. f� Field tests. � g. Dates ofSubstantial and Final completion. h. Subcontractor Work itmma. i Allowance for inclement weather. j. MBE.VV8E, and 3BE activities. k. O&M data mvlk/ibeu. k Contractor-provided tm|m|nQ. 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 ohomOen such as: � / 1. Major changes inscope. 2. Activities modified since previous submittal. | 3. Revised projections ef progress and completion. 4. Other identifiable changes, B. Provide narrative report to define following: 1. Problem area,and anticipated delays and their impact unschedule. | 2. Corrective action recommended and its effect. � 3.04 MONTHLY PROGRESS MEETINGS A. Once each momth, in accordance with Section 01315, Progress Schedule will be reviewed. | Progress will bareviewed: 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 Pnojec1. Contractor fails to complete activity by its latest scheduled completion dnUa. Contractor shall, within 5 working days, submit to Engineer written statement as to how/ and when work force will be reorganized to nytom to current Progress ,Schedu|e. B. If, during nohodu|o 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 PROGRESS SCHEDULE Donohue&Associates, Inc. 01328-2 cxxUTn' Page 1oomuo5 Project No, 13880'A7 delay, dinmptiom, or interference caused by or within the control of Contractor, Contractor shall take some or all o(the following actions: 1. Increase construction staffing insuch quantities and crafts oushall 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 ofWork. 3. Reschedule Work actives to achieve ounuun*moyofaccomplishment. C. Under no circumstances will addition nf equipment orconstruction !omex, increasing working ^ hours or other moihod, manner or procedure to return to current Progress Schedule be considered justification for Contract modification or treated as acceleration, END OF 3ECTK0N / | | � � � Donohue &Asuonmteu. Inc. PROGRESS SCHEDULE SECT|ON033O SUBK4ITTALPrOCEDURES PART1 —GEWERAL | | 1.01 SUMMARY A. Requirements for Work-related (non-administrative) submittals including Substitutes and "Or- Equal" items, Shop Drowingo, product data. Sanplan, test results, operating and maintenance data, and other miscellaneous Work-related subm�Mo|o. | ! 1. Submittals for record drawings are specified hn Section 01788. � B. Administrative Submittals: Pmoudwnsn concerning items such as listing of nmanuhsdunanu. Suppliers, Subcontrao1um, Pmgmao Svhedu|e, bonds, payment applications, imounynva � certificates, Schedule of Values, and photographs are specified elsewhere. C� Work—Related Submittals: 1. Substitute and ^Or-Equu|" Items: m. |odudmm material or equipment described in Paragraph 7.83 of General Conditimno. Article 7 of the Supplementary Conditions, and Section 01615 which Contractor | requests Engineer 10 accept, after Effective Date uf the Agreement. 2. Shop Drawings: a. An defined in Paragraph 1.01.A.36 of the General Cond|Upns, and in particular includes technical data and drawings specifically prepared for this Project, including � fabrication and inx|uUadun dravvinga, diagrams, data sheets, schedules, templates, � pmtt*m», reports, inotruo1ioma, design mix fmmmuUas, mmoounemantu, and similar information not in standard printed form. 3. Product Data: a. Includes standard catalog type printed information on manufactured mekeriok, equipment and systems that has not been ypooifion|Uy prepared for this Pnoject, including manufactures' product apecifiootiomo, notm|oQ cut sheets, standard vv|hng diagrams, printed performance curves, mill reports, and standard color charts. 4. Samples: a. As defined in Paragraph 1.01.,A.33 of the General Cond|\ion,, and in particular includes fabricated and manufactured physical examples ofmaterials, producto, and units of VVoMk' including complete units, partial cuts of roomuhodurod or fabricated Work, swatches showing color, texture, and pattern, and units of Work to be used for independent inspection and testing. k 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 ambm|U»|x that do not fit in previous oategorioo, including schedules, guumnteos, warnamtieu, certifications, maintenance agreements, workmanship bundu, survey data and weportu, physical work records, copies of industry standards, Donohue &Associates, Inc. SUBMITTAL PROCEDURES Project No. 13860'A7 sxn|s/T'* Page tsno/zsv 01330-1 field measuremonta, em[m materials. koys, and similar imforma§on, devicea, and materials applicable toWork. PART 2—PRODUCTS (NOT USED) PART 2—EXECUTION 3.01 SUBMITTAL PROCEDURES A. Scheduling: 1. Provide preliminary and Mmo| schedule of submittals, in accordance with the General Conditions indicating time requirements for coordination of submittals with performance of Work. U � 2. Times scheduled shall indicate completion ofsubmittal approval process for Substitute and "Or-Equal" items, Shop D�ramingu, product data, and Sonmp|ea not later than 88 days � prior to Substantial Completion, Completion of submittal: process for above nubmNo|x ] will have been achieved when submittals have been returned to Contractor with submittal action of either"AppmveW^ or"Approved AuNuted" � 3. Adjust schedule of submittals periodically to reflect revisions to Progress Schedule. B. Coordination: 1. Coordinate preparation and processing of submittals with performance of VVudc � Coordinate each submittal with other submittals and related activities such as substitution requests, testing, purchasing,,fabrication, delivery, and similar activities. 2. 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 mnb| related submittals are provided. l 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 oonuLrmotimu chtedm, and coordination of information with Contract Documents in accordance with paragraph 7.16 uf the General Conditions, 2. Transmittal Form: Use CONTRACTOR'S SUBMITTAL TRANSMITTAL form included in Appendix. Identify following: a. Date b. Transmittal and Submittal number o. Project d. Name and signature nfCuntnactuc o. If submittal io for substitute, identify as"Substitute" on transmittal. f. Specification section and/or Drawing numbers. g. Description mJ submittal (ie. equipment identification numbers, motor numbers, otoj h. Variations from Contract Documents O. RenwbmitUu| Pnyparet\on: SUBMITTAL PROCEDURES Donohue&Aanwonhm. Inc. 01330'2 sxw|n/rvw Page 1romuuv Project No. 13880'A7 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. e. 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: 1. 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, 2. If Engineer has responded to Request for Information submitted by Contractor, include Engineer's response with submittal. 3. 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: Donohue & Associates, Inc. SUBMITTAL PROCEDURES Project No. 13860-A7 EXHIBIT'A'-Page 171 of 255 01330-3 1. 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: 1. 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. 2. Where submittal must be held for coordination, Engineer will so advise Contractor without delay. 3. Engineer will stamp each submittal with uniform, self-explanatory action stamp, appropriately marked with submittal action. SUBMITTAL PROCEDURES Donohue&Associates, Inc. 01330-4 Project No. 13860-A7 EXHIBIT'A'-Page 172 of 255 B. Notification uf Insufficient |nfunmnUcm: 1. If information submitted in not sufficient to complete review ofsubmittal, Engineer will send transmittal 0u Contractor notifying Contractor that additional information |nrequired. 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" " o. Work covered by submittal may proceed provided it complies with Contract | � Documents. Acceptance of Work depends nn 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 d|eonaUon, may request drawings printed in 22x34 format. Bound oop|on ehoU be stapled, comb bound, or spiral bound. Copies should be in color where required. 2. Marking: "Approved AuNoted" 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 om that compliance. Resubmitto| not required, b. After approval, Contractor is to submit two bound copies of all "Approved An Noted" submittals in Engineer. Drawings shall be printed at not smaller than 11x17. � EnAinaer, at his dioono|on, may request drawings printed in 22x34formuL Bound � copies shall be otap]ad, comb bound, or spiral bound. Copies should be in color � whore required. 3. Marking: "Revise and Resubmit" a. Oo not proceed with Work covered bysubmittal. b. Revise submittal or prepare new submittal in accordance with Engineer's notations. 4. Marking: "Not Approved" a. Work covered by submittal does not umnupiy with Contract Documents. Do not proceed with Work covered bysubmittal. b. Prepare new submittal complying with Contract Documents. 5. Marking: "No Action Required" o. Document has not been reviewed and |o only filed for record purposes. E. Genene| Dioiribuhom 1. Unless required e|vewhene, provide distribution of submittals to Subuuntnaotom. Suppliers, governing authorities, and others as necessary for performance of Work. 2, Provide copies mf submittals bearing Engineer's action stamp to� Donohue &Associates, Inc. SUBMITTAL PROCEDURES Project No. 13B8O-AT ex*|en'A' Page 1rawz«n 01330'5 a. Job site the. b. Record documents file. END OF SECTION SUBMITTAL PROCEDURES Donohue&Associates, Inc. 01330-6 Project No. 13860-A7 EXHIMT'A'-Page 174 of 255 SECTION 01520 CONSTRUCTION FACILITIES PART I -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 may be 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. Contractor's responsibilities: Donohue & Associates, Inc. CONSTRUCTION FACILITIES Project No. 13860-A7 EXHIBIT'A'-Page 175 of 255 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 000euu. 5. Provide lamps, wiriog, uwitohos, sockets, and similar equipment required for temporary lighting and power tools. G. Provide electric service k`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 ooUu|mr 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-po,table water source at Site. i. Provide temporary piping and plumping facilities required to bring water to point of use. 2. Owner will provide water at no uuut to Contractor provided that water usage is |mu|duntai to oonv|mo§on, is not obtained during high plant flows, and Oom*mo|Vy does not exceed 20O gallons per day. | B. Contractor uhuU supply any additional water required for construction. Water is available | | frnmhydmNs. 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 baokflmwto system. Use only special hydrant operating wrenches to open hydrants. PNokw certain hydrant valves are open full. If hydrants are dumaged. Contractor shall be responsible and shall notify appropriate | agency uu damage can be repaired as quickly as possible. Fire hydrants shall be � completely accessible to Fire Department et all times. | 2.04 SANITARY FACILITIES � A. Do not use existing sanitary facilities. B. Provide temporary sanitary [uoi|ideo conforming to state and local nn0m|odons, in sufficient � numbers for use of Contractor's and Subcontractor's employees. C. Maintain in sanitary condition and properly supply with toilet paper. U 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 off*ok/e in extinguishing fires during early stages by personnel atSite. 2.08 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 exmoITvv Page 1rouruoo Project No. 13860`47 B. Maintain existing roads used during construction free from accumulation of dirt, mud and construction dehhm� Roads uhaVV be considered "maintained" when material has been removed by a sweeper. Multiple sweeper pomu*x may be required to clean the existing surfaces sufficiently in EnQ|mmem opinion, Aggregate surfaced roads and drives will be considered "maintained" when dirt and soil contaminants in excess of 1" diameter have been mymuxod and the total volume of contaminants remaining is estimated to be less than 1/4 cubic hoot. Contractor shall control dust from operations in all circumstances. Comply with dust control provisions in Section O1675. C. Contractor shall repair orreplace existing roads to original or better condition prior to Final Comp|o(ion, Survey and record condition of existing roads prior toconstruction, 2U7 CONTRACTOR'S ' � � A. Construct and maintain staging area in location previously agreed up with owner. B. Provide minimum of4-inohea crushed stone surface. � � C. Work Area: 1, Limit construction operations and storage of equipment and materials to areas shown on Drawings and am determined byEngineer. 2. Except as provided hom|n, no sidewalk, private property, or other area adjacent to Site shall be used for storage of Contractor's equipment and materials mm|eaa prior written � approval ia obtained from legal owner o[the respective locations, � 3. A reasonable amount of structural and other type material tobe used during construction may, with written approval of agency having jurisdiction, be stored in streets orhighways adjacent to Site, but only to an extent that is absolutely mooauaary to avoid delay in construction. A copy uf written approval shall bm submitted toEngineer. Such materials will not be allowed to accumulate but nhmU be replenished from day to day as required. Permission to store materials shall be revocable at any time. Contxactor, ifuuordered, shall immediately upon receipt of order, or within, o time to he therein stated, remove such materials, 4. Contractor aba]| maintain staging areas during construction in a manner that will not � obstruct operations on any o±noat anamo. 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 ba provided byOwner, B. Contractor shall be responsible for |oma or injury to persons or property where Work is involved, and ahmU8 provide security and take precautionary measures tp protect Contractor's and Owner's interests. C. Provide and maintain temporary fencing of design and type needed to prevent entry onto Site bypublic, 2.09 ENCLOSURES A. Provide and maintain all enclosures, ecmffnds, barpuu|inu, uumopiaa, warning signs, steps, � piuUbrmu' bridAmo, and other temporary construction necessary for proper completion of Work, / � 210 PARKING Donohue &Associates, Inc. CONOTRUCT[[)N FACILITIES / Project No. 13800'A7 exmmT'A. Page/rrvruoo 81520_8 . A. Staging area and designated areas within construction limits may be used for parking of construction pemonnel'u private vehicles and Contractor's lightweight vehicles. B. Do not allow heavy vehicles mr construction equipment in parking areas. C. Make arrangements for additional parking off site aorequired. It 2.11 0ONTRACTDR'S FIELD [)FFKCEG AND BUILDINGS | A. If required by Contractor, erect where designated by Englnoor, and maintain temporary field office and tool and storage buildings for Contractor's use. B. Buildings shall be meat and well ronstmutod, surfaced with plywood, aiding, maaomite, or other similar material, well painted and void of advertisements. PART 8—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, oquipmmn\, signa, and structures when no longer required. � B. In unfinished areas, clean and repair damaged caused by temporary installations or use /f � temporary faoUitieo, restore dna|nnge, and evenly grodo, seed or plant as necessary to provide appearance equal tonr better than original. C. In finished av000, restore existing or permanent facilities used for temporary services to . specified, or original condition. 103 DAMAGE TO EXISTING PROPERTY & Contractor is mapuneib|o for replacing or napaihmQ damage to existing buildings, otrmctuneu, n|dewuXku, voada^ parking aromn, and other existing assets. B. Contractor aba�K have option of having Owner contract for such Work and have cost � � � deducted from Contract Price. 3.84 (JVVNEFyS USE A. Upon acceptance of Work, or portion nf work defined and certified aa Substantially Complete by Engineer, and Owner commences fu8-time successful operation of facility or portion thmnecf. Qvvnor will pay cost for utilities used for Owner's operation. Contractor shall continue to pay for utilities used until final acceptance of Work, except onprovided herein. Howevor, heat for building as required for construction purposes shall ndN be paid by Contractor unless, doe to occupancy by Owner, more heat shall bo required due\o increased temperature or lengthened duration, in which case Owner will bear difference in cost. END OF SECTION CONSTRUCTION FACILITIES Donohue &Associates, Inc. 01520'4 sxnmITn' Page 17n,fuos Project No, 13860-A7 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 PROTECTION OF STORM SEWERS A. Prevent construction materials, concrete, earth or other debris from entering existing storm sewers or sewer construction. 3.03 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. Donohue & Associates, Inc, ENVIRONMENT PROTECTION Project No. 13860-A7 EXHIBIT A -Page 179 of 255 01575-1 3.04 DISPOSAL�OF EXCESS EXCAVATED AND OTHER WASTE MATERIALS A. Excess excavated material not required or suitable for backfill and other waste material shall bo disposed nfin accordance with federal, state, and local regulations. B. Provide watertight conveyance of |iquid, semi-liquid or saturated materials which tend to bleed during transport. Liquid |ouu from transported motehuLu is not permitted, whether being delivered to construction site ur hauled away for disposal. 3.85 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 uhokJmwn of motorized equipment not inuse B. Do not burn trash on Site. C� If temporary heating devices are necessary for protection of Work, they shall not cause an pollution. 3.06 USE C>FCHEMICALS A. Chemicals used during project construction or furnished for project wporation, whether herbicide, pest|cide, dis|mfactant, polymer, mmdenL or of other o|meoi8ow(ion, ohuN 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. � 3.07 NOISE CONTROL A. Conduct operations to mnmme least annoyance to residents in vicinity of Work, and comply with app||omb|a local ordinances. B. Equip construction equipment and other apparatus with mechanical devices necessary to � minimize mo|om. ' C. Equip compressors with silencers on intake lines. | D. Equip gasoline or oil-powered equipment with silencers or mufflers un 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 au will cause least annoyance to public and do not operate on public streets between hours of0:�80pm and T&Oam. nor nnSaturdays, Sundays nrlegal No|idayu, unless approved by Owner. 3.08 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 KoomU regulations for dust ourtvo|. If Contractor's dust nomtm| mnauunau are uumaidaned inadequate by Eug|neer. Engineer may require Contractor to take additional dust control measures. ENVIRONMENT PROTECTION Donohue &Aaaooiateo, Inc, 01575'2 Exme|Tn. p,n° 180me55 Project No. 13860,A7 3.09 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 Donohue &Associates, Inc. ENVIRONMENT PROTECTION Project No. 13860-A7 EXHIMT'A'-Page 181 of 255 01575-3 EXHBIT'A'-Page 182 of 255 QECTONO1O15 MATERIAL AND EQUIPMENT PART1 —(SENERAL 1.01 SUBSTITUTE AND"OR EQUAL" ITEMS A� When equipment or material is specified by naming one or more mmnuhyo|unara or suppliers followed by words ''No Substitute is Peonitted^. Contractor shall provide one of the named manufacturers orsuppliers. B. "Or Equal" Items: For material or equipment specified by naming one or more suppliers or manufacturers hd|mvm*d by the words "Or Equal", Contractor shall make submittal in uuuondunuu 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 in Pernitted^. 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 nopmoenhUonu and review provisions of Contract Duumnmanto, when one or more of the i ! following conditions are satisfied. e. VVhena required equipment or material cannot be provided mdthin Contract Time, but not as mum|t of Contractor's failure to pursue Work promptly or coordinate various activities properly. b. VVhon* packaging of eewene| items of equipment from single aoonco will provide maintenance and coordination advantages toOwner. c. When Contractor proposes bo provide Owner with cost savings. � 3. If Engineer approves Contractor's Request for Subu1itmUom. Contractor shall make submittal [n accordance with Section 0i33U. D. Conditions Which Are Not Substitutions: 1. Contractor options provided for inSpecifications. � 2. Revisions to Contract requested by Owner urEngineer. 3. Contractor's determination of and onmp|iumca with governing reguYeUqnu, except as provided for in Contract Documents. 1.02 REUSE(]F EXISTING MATERIAL A. Except as specifically indicated or specified, do not use, removed materials and equipment in � new Work. All mmiohol and equipment incorporated into the Work shall be new, and as specified, except me otherwise provided in the Contract Documents. B. For material and equipment specifically indicated or specified to be reused in new Work: 1. Use: opoo|oi care in namova|, hund|inq, stormgo, and reinstallation to ensure proper function in completed Work. 2. Provide for tmmnpndnbon, utonoge, and handling of products which require off-site sLonuge, restoration, or renovation. Donohue &Associates, Inc. MATERIAL AND EQUIPMENT Project No. 13860'A7 exn/an'A' Page 1nomzno 011815'1 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. 1 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 arid 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. MATERIAL AND EQUIPMENT Donohue &Associates, Inc. 01615-2 EXHIBIT'A'-Page 184 of 255 Project No. 13860-A7 2 Store loose granular materials |nwdH'droned area on solid surfaces 10 prevent mixing with foreign matter. 3. Store materials such as pipe, reinforcing steel, structural steel, and equipment onpallets wr racks, off ground. F. Inspection and Maintenance: i. Arrange storage to provide easy access for inspection, maintenance, and inventory. 2. yWokn periodic inspections of stored materials and equipment koensure materials and equipment maintained under specified conditions are free from damage or deterioration, and coverings are ip place and in condition 0z provide required protection. � G. Assume responsibility for protection of completed construction and repair and restore damage to completed Work, H. Wheeling of |uudu over finished floors, with or without plank pn,ioctiun, out permitted in anything except rubber ti�red wheelbarrows, buggies, trucks or dollies. This applies to finished floors and exposed concrete floors, as well as those covered with other applied surfacing. L 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 o|zo, make, type' and quality specified oren approved onsubmittals. | B. Design, fabricate, and assemble in accordance with engineering and shop practices standard with industry. C. Manufacture like parts o/ duplicate units to standard sizes and gauges, to be � interchangeable, Two ur more items ofsame kind shall be idonUco1, by same manufacturer. � O. yWetmr|ai| and equipment shall be suitable for service conditions, Design so working parts one readily accessible for inspection and repair, and easily duplicated and replaced. E. Equipment capabilities, xizou, and dimensions shown or specified ohaN be adhered to, un|oxu specifically approved |n accordance with General Conditions. F. Equipment shall be adapted to best economy in power consumption and maintenance. Parts and components nhnD 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 � Donohue &Associates, Inc. MATERIAL AND EQUIPMENT Q��i5-3 Project No. 13880'A7 EXHIBIT"A'-Page 1vsmeoo EXHIMT A -Page 186 of 255 SECTION O1735 ALTERATION AND DEMOLITION PROCEDURES PART1 —GENER/\L 1.01 SUMMARY A. Section Includes: 1. Cutting and patching. 2. Alterations|oexisting buildings orstructures, 3. Demolition, removal, and abandonment of existing:facilities. B. Work Includes: � 1 Cutting, moving ofdnmn000ho�non0ua�ings. � � ' ~ | 2. Cuthng, moving or removal of items as necessary to provide access Vn allow alterations nmd new Work toprnoeed. ' S. CwiUng, moving or removal of items not shown to be out, moved or namoved, but which must bo cut, moved o/removed to allow new Work toproceed. 4. Patching or reinstalling Work or items which are to remain in finished Work. 1.02 SUBMITTALS A. Test Raoo|tu: 1. Facility condition surveys, � B. Miscellaneous Submittals: 1. Alteration and demolition schedule and operational sequence. � C. Submit|n 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 ofWork. B. Protect existing finishes, equipment, and adjacent Work which is to remain,from damage. C� Protect existing and new Work from weather and extremes oftemperature. B. Do not pile material tu endanger building or structure. E. Structural stability of :structures adjacent to or affected by Work shall be Contractor's responsibility. Provide shoring, noed|ing, and bracing to keep buildings or structures mLructuna0y secure and free of damaging deflection orsettlement. F. Do not close or obstruct otnaeto, ww|ku, or other facilities occupied and used by Owner and public without prior written permission from Owner and others having jurisdiction. Donohue&Associates, Inc. ALTERATION AND DEMOLITION PROCEDURES Project No. 1388O'A7 exn|wT;v Page mra/2oo 01735'1 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 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 ALTERATION AND DEMOLITION PROCEDURES Donohue &Associates, Inc. 01735-2 EXHIBIT'A'-Page 188 of 255 Project No. 13860-A7 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 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. Donohue &Associates, Inc. ALTERATION AND DEMOLITION PROCEDURES Project No. 13860-A7 EXHIBIT'A'-Page 189 of 255 01735-3 2. Refinish patched portions ofpainted or coated surfaces to produce uniform color and texture over entire surface. 3. 'When existing, surface finish cannot be mu\ohed, refinish entire surface to nearest intersection. C. When new Work abuts or finishes flush with existing VVork, transition ohm0 match mdabng adjacent Work in texture and appearance so patch or transition is not visible at a distance of OfaaL | D. When smooth transition is not puuablo, terminate existing umrfuuo along etm|Qh8 line at ' natural diviuion, and provide appropriate trim. E. Clean and repair damage caused by instaUlation or by use of temporary facilities. I. 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 tu specified, or original, condition. 3.08 CLEANING � | & Perform periodic cleaning and final cleaning mn specified in Section O1740. 1. Clean Owner occupied areas daily. 2. Clean spillage, oversprmy, and heavy mdiecUoo of dust in Owner occupied orauu immediately. B. At completion of afterubon and demolition Work in each area, provide final cleaning and return space Uo condition suitable for use byOwner. 3.0,0 DISPOSAL A. Remove debris from site each day. B. Equipment and ma8mdaUn 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 e|ten*tium and demolition operations shall ba legally disposed offsite. END OF SECTION ALTERATION AND DEMOLITION PROCEDURES Donohue &A0000ie\en. Inc. 01735'4 ExHmnrr Page 1oomuoo Project No. 13880-A7 SECTION 01740 CLEANING PART I -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. Donohue & Associates, Inc. CLEANING Project No, 13860-A7 EXHIBIT'A'-Page 191 of 255 01740-1 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. 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. END OF SECTION CLEANING Donohue &Associates, Inc. 01740-2 EXHIBIT'A'-Page 192 of 255 Project No. 13860-A7 SECTION 01789 PROJECT RECORD DOCUMENTS PART I - 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. Construction photographs. 9. Associated permits. 10. 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. f 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) Donohue & Associates, inc. PROJECT RECORD DOCUMENTS Project No. 13860-A7 EXHIBIT A -Page 193 of 255 01789-1 PART 3 ' EXECUTION 3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Stone documents in Contractor's field p0ue apart from documents used for construction, B. K4m|n(oin documents in clean, dry, |oQ|b|e condition and in good order., Do not use nyuund documents for construction purposes. C. Label each document"PROJECT RECORD" in neat, large letters. � / O, Make documents and samples available for inspection by Engineer and Owner. E. Failure to properly maintain record documents may ba reason to delay a portion of progress payments mnN| records comply with Con1nmoi Documents. / 3.02 REC0RDDR&WNGS A. Maintain one nmcmnd set of Drawings legibly annotated to show all changes made during . construction and the final location of all underground piping and utilities. | i. 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 RF|'n. Change Orders, Field Orders, etc, will not beaccepted. / 1 The marked upset of Drawings shall incorporate changes made tothe primary drawings, and shall include the corresponding changes made to the ancillary drawings. 4. Changes made to the process draw|nyn, e|eotr[uu| dmvvingu, and h&C drawings shall be depicted un the P&D's. B. Record information concurrently with construction pmgmymu. C. Drawings: 1. Graphically depict changes by modifying or adding to p|ano, deto||o, necbonm, elevations, or schedules. 2. Using a red colored p000i| 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: e. Depths of various elements of foundation in relation&o finished first floor elevation. � b. Field changes. o. Details not on,original Drawings. d. LuoaUmm and identification of exposed interior plpin0. including 1hnnn shown schematically omDrawings. e. Location and nizamf equipment including connections. f. Departures from original Drawings. END OF SECTION PROJECT RECORD DOCUMENTS Donohue &Aa000utox. Inc., 01780'2 sxmo|Tv; Page 1n*v/uoo Project No. 13800'A7 DIVISION 5 METALS EXHIBIT'AV-Page 195 of 255 EXHIBIT'A'-Page 196 of 255 SECTION 05500 METAL FABRICATIONS PART 1 GENERAL 1.01 SUMMARY A. Provide miscellaneous metal 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 Donohue&Associates, inc. METAL FABRICATIONS Project No. 13860-A7 EXHIBIT'A'-Page 197 of 255 05500-1 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. 1, 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, f 2. Stainless Steel: AIS1, Type 316 3. Aluminum shapes and plates: Alloy 6061-T6 or 6063-T6. 4, Perforated Aluminum Plate: a. 1/4"thick with 1/2" round staggered holes. b. Alloy 3003-H14. c. Mill finish. 5. 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. METAL FABRICATIONS Donohue&Associates, inc. 05500-2 Project No. 13860-A7 EXHIBIT'A'-Page 198 of 255 a. 316 stainless steel unless noted otherwise. b. Do not use when submerged, in overhead applications, or subjected to dynamic loads. C. Adhesive Anchors (Concrete): 1. Manufacturers: a. HIT RE 500-V3 or HT-HY 200-R Adhesive Anchor by Hilti Corp. b. Pure 110+ or AC200+ 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. 2,03 FABRICATION 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. Prior to shop painting or priming, properly clean metal surfaces as required for the applied finish and for the proposed use of the item. Conform to Section 09960. 1. Do not coat ferrous metal surfaces embedded in concrete. 2, Coat aluminum surfaces in contact with concrete in accordance with AA and Section 09960. Under no circumstances shall aluminum contact dissimilar metal. 2.04 GRATING SUPPORT ANGLES AND FRAMING A. Provide stainless steel angles, channels, and beams as noted bolted to concrete with concrete anchors as noted. 2.05 MISCELLANEOUS ITEMS Donohue &Associates, Inc. METAL FABRICATIONS Project No. 13860-A7 EXHIBIT'A'-Page 199 of 255 05500-3 A. Fabricate miscellaneous framing, supports, and items of structural shapes, plates, bars, arid 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. 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. END OF SECTION METAL FABRICATIONS Donohue &Associates, Inc. 05500-4 Project No. 13860-A7 EXHIBIT'A'-Page 200 of 255 3ECThONO552O METAL RAILING PART1 —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 l A. Shop Drawings: i. Indicate materials, sizes, connections, anchors, and finishes. B. Product Data: | 1. Manufacturer's catalog sheets. C. Submit in accordance with Section O1338 1.04 QUALITY ASSURANCE A. Handrail and railing shall meet requirements oV 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 V|wsUx shrink-wrap to protect Omish, du not remove until after installation. C, Store in clean, dry condition mvmoy from uncured concrete and masonry. Cover with waterproof sheeting. PART%—PRQDUCTS � 2.01 MANUFACTURERS A. BMC-Rail by Breuer Metal Craftsman, Kmu. B. ConnedoRa|| by Julius Blum Co.. Inc. C. VVosrsi| by Moultrie Manufacturing Co. �. Barlao5U0 hy Superior Aluminum, Pnudmotn. Inc. Donohue &Aamoointoo, Inc. METAL RAILING Project No. 1386O-47 ExH|n|Tp/ Page ao1urroa 05520'1 E. Or equal. 2.02 MATERIALS A. Ro|[o, Posts, and Formed Elbows: 1. Now: 1-1/2 inch diameter schedule 4Oaluminum pipe (1.90 inch outside diameter, O.145 inch wall thickness)oUnyG083'TO. � 2. Existing Repair: To match existing. ^ B. Fittings: : Y. Riveted type fabricated from material similar k» rails and posts, 1 Connections shall hw continuous type tm permit sliding ofhands. 3. Fittings for open mU|mg extensions shall be welded construction and welded Uu posts to comply with OSHA loading requirements. Welds shall be ground smooth and finished to match adjacent finish. 4. Base plates and side mounted Oongoo phuU be aluminum or stainless steel. | C. Toe plate shall be1/4 inch by4 inches flat aluminum plate, alloy 8003'T0. | / D. Mechanical fasteners shall be stainless steel. 2.03 FINISHES | A. Clear satin anodized finish: 1. Extruded Components: OJmil. 2. Cast Comnponmnts� 0.4mil. B. Light brushed finish on pipe and fittings before anodizing. 104 FABRICATION | A. Use materials of nize, 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 endfliuoh. 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 um|| returns to uniform radiuo, fnam from buckles and tw|otn, 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. Provide base flange or side mounted base plate. |. provide slip-fit sleeves for|nNoriorremovable railings. METAL RAILING Donohue &Associates, Inc. 05520'2 cxn|eny' Page mzwuoo Project No. 1388U-A7 J. Coat surfaces to baincontact with concrete with bituminous paint. PART 3 'EXECUTION 3.01 SURFACE CONDITIONS A. Lxamimo the nnaoo and conditions under which work o/ this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.82 INSTALLATION A. Assemble and install in accordance with manufacturer's written inetmodnme. B. Set posts plumb and align in each direction to within 1/8 inch in 10 feet maximum post spacing 5 feet mncenter. C. Set rails horizontal or parallel to slope uf surface or rake of steps towithin 1/8 inch in 10feot. D, Support handrail on brackets having 2inch clearance between handrail and wall npenod not more than 5 feet on center and within 12 |mohaa of each end of rail. Return handrail ends to � � within 1/2 inch,ofwall. E. Bolt to top of concrete stair. 3.03 CLEANING � A. Clean as recommended by railing manufacturer. Do not use acid' steel woo|, or harsh, ^ abrasive,. _ B. If stains remain after cleaning, remove finish and restore in accordance with manufacturer's recommendations. END OF SECTION Donohue &Aaaucia1oo. Inc. METAL RAILING Project No. 13OOO'A7 ExmoITvv Page uaoau5o 05520'3 EXHIBIT'A'-Page 204 of 255 SECTION 05530 BAR GRATING PART I —GENERAL 1.01 SUMMARY A. Provide metal bar grating treads as shown on the Drawings, as specified herein, and as needed for a complete and proper installation. 1.02 REFERENCES A. NAAMM: National Association of Architectural Metal Manufacturers 1.03 SUBMITTALS A. Shop Drawings: 1. Type, layout, dimensions, fasteners, and locations, B. Product Data: 1. Manufacturer's literature. C. Submit in accordance with Section 01330. 1.04 QUALITY ASSURANCE A. Grating shall be end product of one manufacturer to achieve standardization of appearance. B. Conform to Metal Bar Grating Manual and NAAMM requirements. PART 2—PRODUCTS 2.01 GENERAL A. Provide shop-fabricated treads and accessories such as frames, support angles, and fasteners. B. Treads shall be galvanized steel. C. Treads shall have corrugated or cast iron abrasive nosing. D. Provide fastening devices to firmly anchor treads to supports. 1. Minimum of 4 per panel. 2. Minimum 1/4 inch bolts or self tapping screws. 3. 316 stainless steel. E. Provide trim banding or load carrying banding on edges and cutouts welded to grating. F. Support treads by use of carrier plates or carrier angle. Use carrier plate end banding bars on exterior stairs. Donohue & Associates, Inc. BAR GRATING Project No, 13860-A7 Exi-iiarr'A'-Page 205 of 255 05530-1 2.02 ALUMINUM GRATING A. Manufacturers: 1. IKG/Borden, Type BS. 2. Ohio Grating,Type 19-SG-4. 3. Barnett Bates, Type 19-AP-4. 4. Klemp Grating, Type KRP-19-4. B. Materials: 1. Pressure locked serrated grating (expanded tube or swagged type). 2. Alloy 6061-T6 or 6063-T6. 3. Bearing bars shall be spaced at 1-3/16 inch on center. 4. Cross bars shall be spaced at 4 inch on center. 2.03 ALUMINUM PLANK GRATING A. Material: 1. Aluminum plank grating, rectangular punched. 2. Punch pattern and size to match existing grating. 3. Plank depth as noted on Drawings. 4, Alloy 6063-T6. 5, Finish: Mill 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. 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. END OF SECTION BAR GRATING Donohue& Associates, Inc. 05530-2 Project No. 13860-A7 EXHIBIT"A"-Page 206 of 255 DIVISION 6 WOOD AND PLASTICS 1 1 EXHIBIT'A"-Page 207 of 255 EXHBIT'A'-Page 208 of 255 SECTION 06525 FIBERGLASS REINFORCED GRATING PART 1 —GENERAL 1.01 SUMMARY A. Provide fiberglass grating as shown on the Drawings, as specified herein, and as needed for a complete and proper installation. B. Section Includes: 1. Design, fabrication, and erection of fiberglass grating. 2. System accessories. 1.02 REFERENCES A. ASTM: American Society for Testing and Materials 1.03 SYSTEM DESCRIPTION A. Design Requirements: 1. Design Loads: a. 100 pounds per square foot uniform live lead. b. 3000 pounds moving concentrated live load. 2. 1/4 inch maximum deflection under 100 pounds per square foot uniform live load for grating. 1 04 SUBMITTALS A. Shop Drawings: 1. Type, layout, dimensions, design loads, fasteners, and locations. 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. 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. Donohue &Associates, Inc. FIBERGLASS REINFORCED GRATING Project No. 13860 EXHIBIT'A'-Page 209 of 255 06525-1 C. Provide fastening devices to firmly anchor grating and treads to supports. Sections designated oo removable shall not ba attached 0osupports. 1. Minimum of4 per panel, maximum 4 feet uncenter. 2. Shall allow for repeated removal, 3. Minimum i/4 inch bolts cv self tapping screws. 4. 316 stainless steel or fiberglass. D, Provide additional supports mu openings]n grating panels. E. Panels shall bear on supports a minimum of1-i/2inches. F. Panels shall be38 inches wide. Span shall bo determined in the field. B. Concrete anchors shall conform &» requirements of Section 0550U. 2�02 GRATING A. Manufacturers: 1. FibepgrateSafe'T Span Pu8tmded High Load Grating (Model H13715). 2. StmngwoU DURA8R|Q (Model H03000 1 1/2" bar ho[ght). 3. Or equal. B. Materials!: | 1. Premium iuuphtha|io UV inhibited resin with continuous l filament reinforcement, i 2. Resin rich exterior surfaces free of air bubbles and dry glass. i 1 Self-extinguishing in accordance with,ASTM0835. 4. Flame spread of26or less im accordance with AOTk& E04. 5 Cw|ocOarkG�y / ' ' | C. Non-sllip surfacing: Grating shall be provided with an aluminum oxide grit bonded and baked . to the top surface of the finished grating product and scaled with a compatible resin to insure | retention of grit particles. D. Pu|trudad |-bar grating with bearing bars at1 inch on center and cross bars ut maximum 8 inches uncenter. 2,03 GRATING SUPPORT' | A. Fiberglass angles especially fabricated tube cast into the concrete to provide asuitable bearing ledge tu support the grating. | B. Support angles shall be supplied by the grating manufacturer. | C. The angle materials shall meet the criteria established for Structural Shapes as described herein. 2.04 ACCESSORIES A. Bolts, rivets, and other connectors shall bo3i0SST. B. Concrete anchors shall be stainless steel conforming to requirements ofSection 05500. FIBERGLASS REINFORCED GRATING Donohue &As000im(po. Inc. 06525-2 cxn|orrr/-Page z1nwuoo Project No. 138OO 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. 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 Donohue &Associates, Inc. FIBERGLASS REINFORCED GRATING Project No. 13860 EXHIBIT'A°-Page 211 of 255 06525-3 EXHIBIT"A"-Page 212 o6 255 DIVISION 9 FINISHES EXHiBlf A -Page 213 of 255 EXHIBIT'A'-Page 214 of 255 SECTION O986Q COATINGS PART 1 —GENERAL 1.01 SUMMARY A. Coating of surfaces an specified herein, including: 1. Aluminum surfaces where dissimilar material protection in required. B. Du not coat the following unless specifically noted otherwise: 1. Factory-fiminhod o|odHva| motor control center (MCC), main instrument panels (K4|P). flow indicators, and related equipment. 2. Moving parts of operating wniiv, electrical parts. |inkmgon, sensing devices, and motor shafts. 3. Factory-finished trim. 4. Stainless steel, chrome plate, cuppor, bronze, galvanized surfaces, and similar finished materials. 5. Plastic and FRP piping, equipment, and ductwork. | | C. Do not coat over any code-required labels such as UL and Factory 8Nmiusd, or any equipment | identification, performance rating, name, or nomenclature plates. 1.02 BE�UNl�|()NS / � � A. Definitions au used in Coating Schedule included herein. � I. CoaUngx� Paint or heavy duty finishes for use on surfaces subject to interior and exterior , axpopure, submergence, high mointune, ap|aob, or ohomm[om| environmant, including primers, sealers,fillers, and intermediate and finished coats. 2. Submerged NP: Surfaces submerged in non-potable liquid plus i ft'G in. above high liquid level. 1 First Coat: Field primer, factory primer, or shop primer. When only one coat is required, first coat ia the finished coat. 4. Second, Third, or Intermediate Coats: Successive finished coats applied over first coat. 5. 0FT: Dry film thickness(mi|n/ooat). 6. efpg� Square feet per gallon (per comt). 1.03 SUBMITTALS A. Product Data: i t. Manufacturer's literature including mpdlomUom recommendations and generic makeup for each coating scheduled. � 2. Factory or shop-applied primer manufacturer's literature including application muummamdohonx and generic makeup shall be submitted with all mmbehn| and equipment submittals. All primers shall conform to the requirements of this Section. B. Submit ln accordance with Section O133U. 1.04 QUALITY ASSURANCE A. Regulatory Requirements: Donohue& Associates, Inc. CUATUNGS Project No. 13880-A7 exmBn;f Page z1owxns 89060-1 1. All coatings shali conform to OSHA requirements for allowable exposure to lead and other hazardous substances. B. Applicator Qualifications: 1. Engage an experienced applicator who has successfully completed coating system applications similar|n material and extent to those indicated. C. Single-Source Responsibility: ' 1. Provide coating material produced by same manufacturer for each system. 1.05 DELIVERY, STORAGE, AND HANDLING A. PWakoria|u shall be doUman/d to site in original containers with |abo|a intact and seals unbroken. B. Protect and heat or cool material storage location to maintain temperature naog*a recommended by coating monufoctumam, but not less than 550 F. C. Avoid � � � in appropriate metal containers. Provide fire extinguishers of type recommended by coating manufacturer's in areas of storage and where finishing is occurring. Allow mosmoking or n open containers ufsolvent. / D. Empty containers shall have labels canceled and clearly marked as to use. 1.06 PROJECT/SITE CONDITIONS A. Environmental Requirements: 1. Dry-heat and ventilate areas to obtain conditions recommended by coating manufacturer., � 2. Relative humidi,ty conditions as specified by coating manufacturer shall be adhered to. / 3. No unprotected, unheated exterior coating shall be undertaken when cold, damp, foggy, ! or rainy weather appears pmbub|e, nor when the temperature of the substrate is below 55° F. unless approved invvriUn0by coating manufacturer. 4. Maintain manufacturer's environmental requirements until coating iu fully cured. 5. Apply no coating [n areas where dust is,being generated. 0. Testing and disposal of any waste and coating shall be the responsibility of the Contractor. B. Protectinw i. Drop cloths shall be provided in all areas where coating is done to fully protect other � surfaces. 2. Remove hardware, aooeseodoo. p[aimm. lighting fixtures, and similar items or provide protection bymasking. Upon completion, replace items or remove protection and clean. C. Upon Substantial Cump|et|on, remaining unused muUyhu| will baommo property of <]wnac Seal material as required for steogu, mark contents with color, type, |uoaUon, and shelf life, | and store mm Site where required byOwner. Provide minimum of two gallons of each system component and color used. PART 2—PRC]DUCTS COATINGS Donohue & Associates, Inc. 09960'2 sxn|an'A. Page c1nvfzoo Project No, 13880-A7 2.01 MANUFACTURERS Tnemec, B. Sherwin-Williams 2.02 MATERIALS A. Coatings shall meet surface burning characteristics as required by code and established by ASTM E84. B. Coating products listed in the Coating Schedule, are set as a standard of quality. Coatings of substitute manufacturers shall meet or exceed the characteristics of the products listed as established by the flowing ASTM standards; B117, C307, C413, 0579, C580, C868, 0870, D1014, 01653, D2047, D2240, D2370, D2794, D3363, 04060, D4141, D4541, D4585, D4587, and G85. C. If the Contractor wishes to offer a substitute to the products specified, the request for a substitute shall conform to the requirements of Section 01615, 2.03 COLORS A. Color shall be formed of pigments free of lead, lead compounds, or other materials which might be affected by presence of hydrogen sulfide or other gases likely to be present at Site. 2.04 THINNING, MIXING, AND TINTING A. Where thinning is necessary, only the products of the manufacturer furnishing the coating will be allowed. All such thinning shall be done in strict accordance with coating manufacturer's recommendations. B. Mix in accordance with manufacturer's recommendations. PART 3—EXECUTION 3.01 EXAMINATION 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. B. Materials removed and replaced to correct defects due to Work placed on unsuitable surfaces shall be at Contractor's expense. 3.02 SURFACE PREPARATION A. General: 1. All surfaces to be coated shall be prepared as specified herein and in accordance with coating manufacturer's recommendations. The object shall be to obtain a uniform, clean, and dry surface, 2. Quality of surface preparation described herein is considered a minimum. If coating manufacturer requires a higher degree of preparation, comply with coating manufacturer's recommendations. 3. Where surface dryness is questioned, test with dampness indicating instrument. Do not apply coatings over surfaces where moisture content exceeds that permitted by coating manufacturer. Donohue &Associates, Inc. COATINGS Project No. 13860-A7 09960-3 EXHIBIT'A'-Page 217 of 255 4. Shop primed surfaces shall be scarified before applying top coats. Conform to top coat manufacturers recommendations. 5. If recoat time between application of primer and second coat or between top coats is exceeded, scarify surface before applying coatings. Conform to top coat manufacturers recommendations. 6. Workmanship for surface preparation shall conform to the following SSPC specifications: a. Solvent Clean: SP-1. B. Aluminum: 1. Where scheduled to coated, aluminum shall be lightly sanded and then solvent cleaned in accordance with SSPC SP-1, 3.03 APPLICATION A. Surfaces shall be dry at time of application. B. The minimum surface temperature shall be 55°F and rising. C. Apply in strict accordance with manufacturer's recommendations by brush, roller, spray, or other application method. The number of coats and thickness required is the same regardless of application method. D, Each coat shall be allowed to dry in accordance with manufacturer's requirements. Drying time shall be construed to mean "under normal conditions". Where conditions other than normal exist, because of weather or because of confined space, longer times will be necessary. Units shall not be put in service until coatings are thoroughly dry and cured. E. Coatings shall be applied to provide an opaque, smooth surface of uniform finish, color, appearance, and coverage. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, or other surface imperfections will not be acceptable. Areas cut-in by brush prior to rolling shall have uniform appearance in comparison with adjoining surfaces. F. Crevices and other hard-to-apply areas shall be back-rolled/back-brushed in conjunction with application of field applied prime coat or intermediate coat. This includes, but is not limited to: between pipe flanges, pipe flange/barrel joints, equipment fittings, and other narrow openings. 3.04 FIELD QUALITY CONTROL A. Examination of Work on Site by coating manufacturer's representative shall be preformed when requested by Engineer. B. Sampling of Materials: 1. Engineer reserves the right to select unopened containers of materials furnished for the Project and have the materials tested at an independent laboratory. Owner will pay for first tests. 2. Retests of rejected materials and tests of replacement materials shall be paid for by Contractor. 3. Remainder of contents of containers not required for testing will be returned to Contractor. C. Coverage: COATINGS Donohue & Associates, Inc. 09960-4 EXHIBIT'A'-Page 218 of 255 Project No. 13860-A7 1, Before beginning Work, finish one complete room, space, surface, and item of each color scheme required, showing selected colors, finished texture, material, and workmanship. After approval, sample room, space, surface, and item shall serve as standard for similar Work, 2. If coverage is not acceptable to Engineer, Engineer reserves the right to require additional application of coating at no extra cost to Owner. 3.05 FINAL TOUCH-UP AND CLEANING A. Prior to Substantial completion, examine coated surfaces and retouch or refinish surfaces to leave in condition acceptable to Engineer. B. Remove masking, coatings, and other material from floors, glass, and other surfaces not scheduled to be coated, 3.06 COATING SCHEDULE A. Scheduled thickness or coverage rate is minimum as recommended by manufacturer. Manufacturer's recommendations shall be followed, but in no case shall the thickness or coverage rate be less than scheduled. B. Coatings shall conform to the following schedule and coating manufacturer's recommendations, Examples of surfaces to be coated may not be all inclusive. COATINGS SCHEDULE System Generic No. Type Application Tnemec Sherwin-Williams 2 Acrylic Emulsion Exterior First Coat-Series 180 smooth First Coat- Loxon XP @ 90 Concrete, @ 90 sfpg,sprayed and sfpg, sprayed and backrolled Exterior Concrete backrolled Second Coat-Loxon XP @ Block Walls/Flat Second Coat-Series 180 120 sfpg smooth @ 120 sfpg 20 Polyamide Epoxy Dissimilar Metal Scarify the Surface, SP-1 Scarify the Surface, SP-1 Coal Tar Protection/ First Coat-Series 46H-413 @ First Coat-HiMil Sher-Tar Semi-Gloss 20 mils DFT 20 mils DFT END OF SECTION Donohue &Associates, Inc. COATINGS Project No. 13860-A7 09960-5 EXHIBIT'A'-Page 219 of 255 | � i | | APPENDIX EXHIBIT'A'-Page 221 of 255 EXHIBIT A -Page 222 of 255 APPENDIX TABLE OFCONTENTS 1 C-82Q CONTRACTOR'S APPLICATION FOR PAYMENT --_ ................... 1to2 2 C+325 CERTIFICATE OF SUBSTANTIAL COMPLETION.......... --- .............. 1 3 C-940WORK CHANGE DURECTh/E-- .............. — .................. ...... ...... _—' l 4 C-942 FIELD QR0BR_...............—_ ............. ................. — .............. —.......... / ] S CERTIFICATE C}F |N&TALLATONSEFyJ�ES �y�� � / ' -------------_--- � � 6 CHANGE ORDER .................. _ ...........---................... ............ -- ............. CO-1 ^ 7 CONTRACTOR'S REQUEST FOR SUBSTITUTION _............... ---. RFS-1 toRFS'3 8 REQUEST FOR INFORMATION......— ............._............. — .................. ........ CCR'1 8 CONTRACTOR'S SUBMITTAL TRANSMITTAL __--__— ...... TR- � EXHIBIT'A'-Page 224 of 255 1,11( Jr-f )(: CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: Owner's Contract No.: Contractor: Contractor's Project No,: Engineer: Engineer's Project No.: Project: Contract Name: This[preliminary] [final] Certificate of Substantial Completion applies to: r- All Work 1 The following specified portions of the Work: 1 Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows: [Note:Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor;see Paragraph 15,03.0 of the General Conditions.] Amendments to Owner's responsibilities: None r As follows Amendments to Contractor's responsibilities: None [lAs follows: The following documents are attached to and made a part of this Certificate: [punch list;others] This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract. EXECUTED BY ENGINEER: RECEIVED: RECEIVED: By: By: By: (Authorized signature) Owner(Authorized Signature) Contractor(Authorized Signature) Title: Title: Title: Date: Date: Date: EJCDC C-625,Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 EXHIBIT'N-Page 225 of 255 | � i | EJCQ[�� Work Change Directive No. Date mfIssuance: Effective Date: Owner: Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Projert� Contract Name: Contractor is directed to proceed promptly with the following change(s): Description: Attachments:[List idncu/nenLs supporting mhong«/ Purpose for Work Change Directive: �Directive to proceed promptly with the Work described herei n, prior to agreeing to changes on Contract Price and Contract Time, is issued due to::[checkmn*ur both of the following] | __0un-aXreemoentom pricing of proposed change. � Neceolty1o �ruceed for oohcduUeor other Project reasons. Estimated Change in Contract Price and Contract Times(non-binding, preliminary): Contract Price $ [increase] [deoeasel. Contract Time days [increase] [decrease). Basis of estimated change in Contract Price: -- �LumpSum [ Unit Price F-1 Cost of the Work F Other RECOMMENDED: AUTHORIZED BY: RECEIVED: By: By: By� Engineer(Authorized Signature) Owner(Authorized Contractor(Authorized � Signature) Signature) � Title: Title: Title: Date: Date: Date: Approved by Funding Agency(if applicable) By: Date: Title: � sJCoc c-940 Work Change Directive. Prepared and puN|shedm13 bV the Engineers Joint Contract Documents Committee. Page Iof1 it EXHIBIT -Page 228 of 255 FlPT) -E�� L���[��������|�« Field Order No,. Date mfIssuance: Effective Date: Owner: Owner's Contract No.: Contractor: Contractor's Project No.:, Engineer Engineer's Project No.: Project: Contract Name: - � Contractor is hereby directed to promptly execute this Field Order, issued in accordance with General Conditions Paragraph 11.01,for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with,this Work. Reference: � Specification(s) Drawin0(s)/Detai1(s) Description: | � Attachments: � ISSUED: RECEIVED: _ By: By: � Engineer(Authorized Signature) Contractor(Authorized Signature) Title: Title: � Date: Date: Copy to: Owner om�C-942,Field Order. Prepared amd published xuz3o*the Engineers Joint Contract Documents Committee. � Page Iof1 EXHIBIT'A -Page 230 of 255 CERTIFICATE OF INSTALLATION SERVICES Project Equipment Specification Section Contract I hereby certify the equipment supplier/manufacturer has inspected this equipment and that it has been properly installed, adjusted, and calibrated. I further certify this equipment may now be operated for test purposes and/or normal use. MANUFACTURER'S REPRESENTATIVE Signature Date Name(print) Title Representing CONTRACTOR Signature Date Name(print) Title Comments: This form shall be completed and submitted to ENGINEER prior to training of OWNER'S personnel in accordance with Section 01615. Donohue &Associates, Inc. CERTIFICATE OF INSTALLATION SERVICES Project No. 13860-A7 CIS-1 EXHBBIT'A'-Page 231 of 255 1 EXHIBIT A -Page 232 of 255 CHANGE ORDER NO. CHANGE ORDER COMMENCEMENT OF DATE OF ISSUANCE CONTRACT TIME OWNER CONTRACTOR PROJECT CONTRACT NO. ENGINEER YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENTS: DESCRIPTION: REASON FOR CHANGE ORDER: ATTACHMENTS: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Contract Price: Original Contract Times: (days or dates) Substantial Completion: Ready for Final.Payment: Net increase(decrease) from previous Change Orders: Net increase(decrease)from previous Change Orders: (days) Substantial Completion: Ready for Final.Payment: Net increase(decrease)of this Change Order: Net increase(decrease)of this Change Order: (days) Substantial Completion: _ Ready for Final Payment:. Revised Contract Price: Revised Contract Times: (days or dates) Substantial Completion: Ready for Final Payment: CONTRACTOR agrees that this Change Order includes any and all costs associated with or resulting from the change ordered herein, including all impacts, delays, and accelerated costs. Other than the dollar amount and time allowance listed above, there shall be no other dollar or time compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO TIME CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: APPROVED: ACCEPTED: By: By: By: ENGINEER(signature) OWNER(signature) CONTRACTOR(signature) Date: Date: Date: Donohue&Associates, Inc, CHANGE ORDER Project No. 13860 A7 EXHIBIT'A'-Page 233 of 255 Cfl i EXHIBIT'A Page 234 of 255 CONTRACTOR'S REQUEST FOR SUBSTITUTION (Include With Submittal) Provisions requiring submittal of this form are described in Specification Sections 01330 and 01615 and paragraph 6.05 of the General and Supplementary Conditions. Substitution Request No.: Project: Contract: We hereby apply for consideration of (Proposed Substitute Manufacturer) as a substitute manufacturer to the manufacturer(s) named in Specification Section Paragraph/Drawing No. for the following reasons. (Check one or more,) The specified equipment or material is unavailable or the time of delivery will substantially delay the construction of the project, but not as result of CONTRACTOR'S failure to pursue Work promptly or coordinate various activities, (Provide supporting information) The proposed equipment or material will provide for packaging and coordination with other equipment from a single source supplier. (Submit ironic of source supplier and other equipment to be packaged.) The proposed equipment or material is a "Substitute Item" to that specified and the CONTRACTOR will provide the OWNER with a credit of$ if the equipment or material is accepted. We certify that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to the specified, be suited to the same use as that specified, and will not prejudice CONTRACTOR'S achievement of Substantial Completion on time. Contractor: Signature: Date: Name(print): Title: NOTE: ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, additional data about the proposed substitute including but not limited to, an analysis by CONTRACTOR of the equivalency of the proposed substitute to the named item. Donohue &Associates, Inc. CONTRACTOR'S REQUEST FOR SUBSTITUTION Project No. 13860-A7 RFS-1 EXHIBIT'A°-Page 235 of 255 A. Physical Characteristics of Proposed Substitute (if applicable). Operating Weight: Height: Width: Depth: Voltage: Hertz: KW or HP: B. Will acceptance of the proposed substitute by the OWNER: 1. Require a change in the Drawings or Specifications: Yes No lf yes,attach an explanation and detailed drawings or specifica(ions. 2. Require payment of any license fee or royalty: Yes No If yes,attach an explanation. 3. Result in a change of contract time: Yes No Thres,attach an explanation C. Variations of proposed substitute from specified material, equipment, methods or procedures include: (own e,state none. Attach.separate listing if mote space is needed.) 2. 3. 4, D. Service Source (Maintenance, Repair, and Replacement)Availability: 1. Name of Business: Address: Years in Business: Factory Authorized: Yes No Parts Stocked: Major: Yes No Minor: Yes No Field Service Staff Available: Yes No 2. Name of Business: Address: Years in Business: Factory Authorized: Yes No Parts Stocked: Major: Yes No Minor: Yes No Field Service Staff Available: Yes No E. identify costs, direct or indirect, if any, associated with acceptance of this proposed substitute. If none,stale none.) CONTRACTOR'S REQUEST FOR SUBSTITUTION Donohue&Associates, Inc. RFS-2 Project No. 13860-A7 EXHIBIT A -Page 236 of 255 INSTALLATION LIST Location: Telephone No.: Date Installed: Date Started.Up: Owner's Representative to be Contacted: Engineer's Representative to be Contacted: Firm's Name: Telephone No.: ***** Location: Telephone No.: Date Installed: Date Started Up: Owner's Representative to be Contacted: Engineer's Representative to be Contacted: Firm's Name: Telephone No.: ***** Location: Telephone No.: Date Installed: Date Started Up: Owner's Representative to be Contacted:_ Engineer's Representative to be Contacted: Firm's Name: Telephone No.: Location: Telephone No.: Date.Installed: Date Started Up;: ,,,, Owner's Representative to be Contacted: Engineer's Representative to be Contacted: Firm's Name: Telephone No.: Donohue&Associates, Inc. CONTRACTOR'S REQUEST FOR SUBSTITUTION Project No. 13860-A7 RFS-3 ExHieur'A' Page 237 of 255 EXHIBIT A -Page 238 of 255 REQUEST FOR INFORMATION Request No. Date: Specification.Section/Drawing No.: Contractor: Project: Contract: This is a request for a information on the following: Prepared By: Date Response Needed: Response: Prepared By: Date: Response Returned to Contractor On: cc: Owner: Resident Project Representative: Donohue &Associates, Inc. REQUEST FOR INFORMATION'. Project No. 3860 A7 RFI EXHIBIT'A' Page 239 of 255 'I EXHBIT A -Page 240 of 255 CONTRACTOR'S SUBMITTAL TRANSMITTAL CONTRACT: Richmond Sanitary District—Wm. E. Ross Wastewater Treatment Plant Grating and Railing Improvements—Part 4(A7) )11 11`1[ 4 ItECVaitlia247600 To: From: Ms. Katherine Merkle <person> Donohue&Associates, Inc. <company> 101 West Ohio Street <address 1> Indianapolis, IN 46204 <address 2> Phone: 317-500-4220 Phone: Email: kmerkle@donohue-associates.com Email: Specification (Project specification submittal pertains to) 1 Section: Donohue Title: (name of Project specification) Description: (miscellaneous metals, concrete, handrail, grating, etc.) Type: Shop Drawings Applicable Contract Clarification/ Interpretation Request(s) were submitted and response(s) received: No Yes If Yes, List RFI Numbers: Submittal includes variations from the requirements of the Contract Documents: No Yes If Yes,Variations are identified below and in accordance with paragraph 7.16 of the General Conditions: Variations are as follows: 1. Contractor certifies that this submittal has been prepared in accordance with paragraph 7.16 of the General Conditions and Contractor has reviewed and approved this submittal in accordance with paragraph 7.16 of the General Conditions: Yes No SUBMITTAL TRANSMITTAL Donohue&Associates, Inc. TR-1 Project No. 13860-A7 EXHIBIT'A'-Page 241 of 255 Contractor: Signature: Date: Name (print): Title: SUBMITTAL TRANSMITTAL Donahue &Associates, Inc, TR-2 Project No. 13860-A7 EXHIBIT A -Page 242 of 255 ADDENDUM NO. 1 TO THE REQUEST FOR QUOTE DOCUMENTS FOR WM. E. ROSS WASTEWATER TREATMENT PLANT GRATING AND RAILING IMPROVEMENTS—PART 4(A7) RICHMOND, IN DATE: October 7, 2021 QUOTES DUE: October 12, 2021, at 9:00 a.m., Local Time TO ALL BIDDERS BIDDING ON THE ABOVE PROJECT: All Bidders submitting a Quote on the above Contract shall carefully read this Addendum and give it consideration in the preparation of their Quote. The following is General Information 1. Questions received from various bidders are included below, but are not a part of this Addendum. The answers to these questions DO NOT revise the contract documents, A. Is additional steel support required below the new sections of FRP grating where the owner has indicated light vehicle traffic will cross the channel? No. Grating specified in Section 06525-2.02 has been selected for this load. B. Are Owner restroom facilities available for Contractor use? No. See Section 01520-2.04. The following are revisions to the Specifications: 1. The following revisions shall be made to SECTION 01110—SUMMARY OF WORK: A. Page 01110-2, add the following as paragraph 1.04.G through 1.04.1: "G.The project site requires work to be completed in multiple locations throughout the WM. E. Ross Wastewater Treatment Plant. The contractor may be in contact with raw, municipal, wastewater and sludge. Contractor shall plan work accordingly. H. Contractor shall ensure that all employees have appropriate PPE such as, but not limited to, hard hats, safety glasses with side shields, and steel toed work boots with appropriate slip resistant soles. I. Areas within the WWTP are subject to potential development of hydrogen sulfide gas and methane gas. The Contractor shall monitor the space accordingly with gas monitoring equipment including lower explosion limit (LEL) with LEL alarm settings at 10 percent LEL. Adjust work activities accordingly. Provide means to ventilate, replenish atmospheres, and maintain stead air flows to employees as dictated by the ambient conditions and the type of work being performed." Donohue&Associates, Inc. ADDENDUM NO. 1 Project No. 13860 A1-1 EXHIBIT'A'-Page 243 of 255 I UV. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision to any and all related areas of the Contract Documents not specifically called out in this Addendum. V. The Bidder shall acknowledge receipt of this Addendum by inserting the date and number in the spaces provided on the BIDDER's PROPOSAL FORM. DONOHUE&ASSOCIATES, INC, .+%`- Y_�J agi..��,,,f INDIANAPOLIS, INDIANA 0 ' / / /54/7,/,;---i E : No.1140,072 a m 3 T r sates, P.E. A%,,...sTATI~O ,,.4,9 ,a1112' ADDENDUM NO. 1 Donohue&Associates, Inc. A1-2 Project No. 13860 EXHIBIT°A"-Page 244 of 255 f RICHMOND SANITARY DISTRICT 1 WM. E. ROSS WASTEWATER TREATMENT PLANT GRATING AND RAILING IMPROVEMENTS - PART 4 (A7) RICHMOND, INDIANA AUGUST 31, 2021 1".,IDEX TO DRAWING 1 "4,1114 I MI,-GENENTL 40,,fi 60 117,7 a I,77.7.7 77e.0.7 17 77717v7i.u.orrio.7-77771, Ifill alla ,Ii,J''';1'4!1'7 IA II I,, 2.01-°La LEN IBLFLO,W itit111151MillyspOlibarilm 100 IL LIDLIL , , 1;11141, L,Illi" f lialeigair$ 3 1 AERATP3N EFFLUENT CNATINEL I 1 Iii 1\ ''1111013) ' - )111r."4110fre, 101 I I' p7,ill, 7 AA 11 i77 2 7171 I.9 -.41611.1MIIIVAIFT 11041744'01.'III' 1 i l' i wr Y 1, IA AI e11.1 77-17779 li Al.917.7 I 777777 it.IONAtip 1 I 1, I rlirf.,!°,* 11.1), ''‘.I'1,,•-•' '..A.A..,1 i q \' 4,h hO tirl '4.,,4, ‘I'::,7, I DO NO H UE An;'RE'S.Y..n.1LE TORIVIIVIATEPI3 NOT FOR CONSTRUCTION 27,71177 7.774777.70 b.17,1771741,C7 '-.'1'.',.,4,'",zt; ,LT.L.Ta7,1 i 114-.7 L35 rwJltatrtw r.i17 14-.r.2,5 1 1 i - GENERAL LEGEND ABBREVIATIONS DISCIPLINE IDENTIFIER SECTION DESIGNATION .E'ESS mot la Wr.MCC1,11......Flt. 1I',. ta'I'vote/IIIII.t1. T r 'MP MAD 7 ..-,,,,. EI.,7 I,I.FOWL, .2,VeiTa'efg" uteettehertteet 31,110015.I., V.'-' 1:'..7417t,,,IIII.,1 2 n000 Okele o x/L3.4 17 TS MIN 1CII db., E O.1 I PZ2g2DMZ.,t-r ir Fog. T39 /00 AI....KM tlE,T3.4 tY tzu r,r .0." ARI,IklICR,A1 FC 1,11.1.1,,MII . Oa,. WO 3.,,,e1FIVI ?EVA 110/PEP la LL=06'6L' 0 CO SECTION A ad, A.IIWIE I In IICISE PR,IT IN EH 00.L6'660.0. t: VaM,It„ ,,,,„, /I .,,,,Trou ,y; Top uF pxRATFP /,II 101.1 1111.- um Reno et 167060F Far = 1 EiES'i- i K. m660000 IrZIrt.kt A N-Letoeleurteleemuweeer uttoeu j go sou eltetteE ,0.60,,,,,, 161 0Kr..so.CLE0 reiL""'rirtn t. rt.:, 6.0.10.10../11011 11.F GL011 0.1141. ICI IKK0 K. , rr=1...4.AL IntIMPI,WIII1V,11,I,nr, ttlIa =U. 15' F:ETSIn,o1,4„„ V''. = 30 ZSV.I1,14:i VOW.. V. vott61,61III ontuent 111611. U. Vri111.4If He. .3 DtIIIIN/I#I,,, l4 noui sr, KIE 4I‘,9 I£11.,,,,I, :'':-I 'MA crurv.irram3 EU:00A CASEWORK ELEVATION LIESICnATION eTur :Tr :tt 1,t't M CEP I '''' MAO../QII,I-41, ,Call ANZIWorrtIrX]WIT... IT Mt IV, 19 a 1,,,.. I iVeMIZIT Vn= T{,,,,i, DRAWING NUMBER DESIGNATION 110 01011111,11.100 gT,T. ff..7.:'''' /1.1 6660.60 1.100 .1\ LIL 2L.:LF 0,0 12,116.0.00 LLK Fame tueoomeouteco 'inaro:o„o ELEVATIC E. KOKK :L1,6 =MOD VA( 1.10.1.1100 ILK 6 '''''''',/1,00011.1,560LEK 666KY j Ku. tkupthIlretla I NrEcarrd. thot: 6443FrE buLA R.C. catereutee el ,IDIAreicreffr.3 0/1,7,10.4../tRVII,IVII,,, anol ..F.C.T. . PKI.104 g: .1:4 C.,STIR.ICTOI 3.3iLE=4.1"RAI PLAN NOTE DESIGNATION .0.7 cam-moos lerotu .AG1VX,1 . , DETAIL DESIGNATION trttrt,r t17:01tItt'' .t. t.... wcrake.wArra, :g ft WIN <0> III-M.1E IMPUTES.S/AIE DIA IWO =0.3 S44,1.411 ,,,,, yi.,,,O,,,, luooro mt.. 11 tttVatta'' t741'="' at Z-174=1.64,0,1, 10001 . 1.10011/11.1 OL1 L.. "X MV1"" 6 .6E4,0. 1.6 1060 070 1110 r11=011. 600 Mg KA STANDARD DETAIL RESIGNATION 4,,,,, atatureu re' bectoo W DETAIL4.41I. GgIllIg r, rz.7 v.. /a Pg1.11,,Lf 04.,.tn'tToi''' tterttee.Numeoe breve re mum 1 CoL6 KC.4, up r/Ems,IN3PuI1j NV. 411,-, .,,I,, a.,O7, gYarbl teti leerrue 'O.O"" rtlItt1A,I7 j nor tee, teouoise IWO. STANDARD DETAIL SUE EA,rou-,FAIIIII.,..rnii.I.I. us ME 'Z1 Mt. O. 1.461.104.0... gL.08 r,tattIttztr 6,0 601 .31,60,1 01 r11=grrELLLTr0==r AREA DESIGNATION gr r Far4'aLrg 11, 40131110. Kw.prIn/I FIEUCI,L1-3. 6.111011 111.601 Ell UM. usa um... 4u ototo,eve oar enure woe nai..C. NOTE . t7f tgrttl.tt .1— SYMBOLS 066 gr..0611.11.1c. . .,' `‘.4,1;° EiErrg,,,, 1 ..A-r.. 5P ST RUMENIV IDENTIFYCATION t:3, °'''"' ' Ma=iT,r'T''''"'"''''''"' A -----=Tar.,-,—,„.,— MO AK 016161,6.1 ing. 0011MV01060:,LL foLL. ,-?ci ill! .urage., FLOW STREAM IDENTIFIERS .k. f.1.z I11K009011 2 O'''1.1 1 L.'..i „,,P.Numt 0 otet ettestLetereu VALUE IDENTIFICATIOPA .._ Z T=LITLEA eo .6 6100 .61.1. r.,,,,1.614,0T,..6,...,, ,.1.0, ,,,1011.,111,1,1 Any ELILIDa WI IPAIFEKTI..-(Da... 003 LEKKKL1021,0, KM 16,00.01.0.1 LI 1600116.101. E=I 110.1.1.4.Ferrl, -- E EiTzmnp '-' --- t Fttl7atTXt L. 1 Eq4 IMIL DO,,,,l/III3A DU /Spurn la1 .310..4 :(A13 1. L" L=6"T 'F'7,' Kt-atIttR 1 1 I'll ;,,'.. ,(0.,...'""'''"IItnOVIDESI3,1109 V.=, ....SM.htAIVII Pi F.01,1‘11/11.1,[1,1 Tr 81-rADIEI6.3.. " II PIPE IDENTIFLEATION 24 VAMPArs' P. =""'T KOS 111.006101.1.66,116 1__ 1.r6 a a I K KA.,ICKPKE FL. AL.. 110. .16 rFo11,0661110.611,1 I. 114160,0.001 .660 KW 110016,1640 6.0./ __1/ Cul La101l17 DO NO H U E K. 11.1"A°111.1'1111E-11-1 V LIVL""" ',,0006 AT-001-G-1 EXI aCor7're ,eue.auoilKe I '1 f NEL OES, , STRU GERM NT CTURE INDEX 11 P ;..•', ,",?,,:475:7,------:'.,-.,f„.=,',I:x-1 1 - ,-, iii, Pkiiff i ----- CONTRACTOR LANDOWN AREA --, 1. ..........evuo.. i 1 IIII p,.. r-------- ,.., 13...A i'i"i '14:1=-17 :'-' •=74,77.1,--- E!g E,z < c .< z Zlril TA w 2 0 ___------ ------__ j)DONOHUE A7-0102-CK 1 EJrAs 1 , , 1 tO Sk li, . li 1 i 1 1 4 :1-11----- _ 1-, ml T''- rti imi. \1 V v V V V 1 , 1 11 01 1 lir ' 1 ,) ! .111,40, 1 1?! 11 i jILTERMEDIATE LEVN1 PLAN GENERAL NOTES 1 I 1'11 1 2/ k ). r , 11f11d1111.1 14 // 11 IF! 111111 1 " 'o to' i;i Do2 ,0,•''': w, Ct NIVIo100 tat'rt, ' 1 j . 11.11i1 E' PLAN NaTEs i , hi iji ' "4440o 16'1ie'10 L'17', tri ' 01'10"r yi it t I ii PHOTO / / 2 DO NOli IIE •. i .,,,11t-I"'"'r1;';'). .1 t,' Av 2oo s ri .,1 I if f jii a 1 14 , 1 ,.5... 1 '<>- • , '' • 4:0. i i. ,,,,,,•. '" r<> „„....... . I 11EV.4.WORK GRADE PLAN ERAL No.TFs, REMOVAL 0 RADE PLAN 'i, .11-t5g , :::Jgt:orL:,1!::MIZ.<>Vg,°'i7X',r''''''''''"T''' :1:4 gtt'El .1 POVISPA...E. w w, o 4 ,4 17 r,•,,,r, i J ••• j)DONOHUE ,,,, PS-201-84 SPIT , ..:(1,... 4.,,,,, PHOTO 2,— ,,,,,,,,,,R ,,....,TRAL;iftL4,31N:,...D,E,TAIL 1 I i rw.�e.w, t rw110-+,2v '��tv�I aI I 1 i ,wvs�? I J3VI flF f , 313 39.Y ... 3 U. ssc"se 333 353 ns, rinr" ac=s lesrea ZAT"<us nn e+,waa �ssr�tuxx ewx cxxn "'vrze,•te u`r pissc BL II1 II W -rim �� 1 1. 7 1 I I 1 1-.: I 1 -i M1 {",,i�,��/�^—^ q It f' a�pl_, "'�:uJr Q 0l ...zs I 11 xew>a r- s e,pu.xx,.s a x e er�wewno,.wwu var,u�a rca,�x..rs+es `"'"`' OVRNALL PLAN __ iron I 1 d1 rr '.. m•.,ne n,u ___ ,,,,,,,,,,.,, „. 1 enr, M^A 0,31.21 -w � .�Aa - r"I� d1 � o. 1 ,1 1 1, 1,, . . I ir�lla�j � _ r 1 : GENERAL NOTESI, 6p 11,cPs n�� ' . ee I 14 ry u a "e',2° "'4x, .:,.,, .h' za<. wo 3 Fg Wr�, " ''``` ",. "'*� "Z om ,� I PLAN NOTES: 0 yI F ese A r "`� ua.eaiacessevae er :r.ms � jDONOHUE B AM DROP GRATING SUPPORT DETAIL A ''^�.a"" .rli.s. a= smsitiu, ��>' J17�3'14S.�F / j 1,11101T r: P.,,=:A On;Y� I , 1 1 4,44fug',444=44444144444=4,44.4 4444.44,4m4044,4447;44:41444/44444:44 .4 4,V. 4 ,, 1 I ..__ Eui,.,...-.444-444444 :..-4:.4.44-,91; 44,4 ,, .44 44 u '1 4 4 4/ gun4144u4.43.7r ____„------4.444.444,44,4,..MO. ,e''.....-';'''':r.:..,1%-,.f...1.,....::,...1.,,,"jr.fi a 1111'"HI//'/ I e I 12,1;111,11-',4"'""''''" . IP,51 PAP., ".'4././..-4'"4.4.;'..; <r. .-------- iiiIt --- --7' ----- ef:"..rAp.dr/„,,,,IIIIIIIiI "1, IIII t I III iT4I ',9:I I t 40r 4,'It/r.IIIIIIIIt,,,II %It,II/II„ttt I I I'IIIIIII;I:I/III/III,,IA', 1 PLAN _ __, drP zOr*,IIIIIIIt,,I I I;IA, '' I I II .A4,joe4,,, $ECTION ,T,5Tititite,., , II t I,II h ,cie"' ''IIITII'III.IIIIr 'II 'PA,IIP ,',,„,I 4 I X lo,In.....11,4a1C/MALIACIMaY EFFLUENT CHANNEL trre. . GRATING STOP PLATE 18_ Tr_ L .,,,,, „,,. ,,,,,,,„„,,,•,,,,,,,,,,„,„.,,,,,,,, /"rtr-:,,.4.=,_ ,1;'',"110''' :,,,,,,,;, ',-.'of*"r,1011 ,',W11,H1111"I'll'1911!11,1,"1,!':„,. lb P.,• 44.i.,,.0-.......iiill:i...,,1:,$1,m,ii.:11i:::nl.,,..44?1,1h,q,,,,, / ,------- 1,41,,,dli, 'i '. , - 4,. ..,:tt ,,,..t, 1., 4, 14,4t,4:00,t404:,,,,:044,444`,,A44,4,,4,4`$,,!;;±,ilkquT14,44144441:‘,44A4,41i:N44&4 tn p„v„I tu i ELEVATION cia,NELEA4111. LI,1 1 A:Lit:•It T tPZ,ZI .,,,TT z AT z E G [ .AgL, g , J GENERAL NOTES, !.T, .T;, tAdARCAION 4.8,.. I P5 wuvasrs.,,LCIPAmli16 3 0 1.1,,,Tipp,,,,,,IE ALLGRArrs.1351,ArnOlf An..74,4111. PLAN 4".`1749,11X4:I.s„, '`tttaATAIII I SECTION EFFLUENT CHANNEL I i GRATING CLOSURE PLATE C -'14Ii DONOHUE A7-311-S-2 I i I I if f , A l ''''4';',.'''114'''''''''::":"11,•'1.'"'.14!C":4'11'''I''''''''''':11""!:111',''''f''''';''''lly'lli4 ki 1.1i .,,,,IT,.ri4MFreii rar Fr e k 5 ----——t f r74X;fer;srEwLss 1'I-4 ' '1 I.t '' ' Ili 1 II 11111 LI III%.%V`‘A' 1, I L.. I' 4/111 Illillitili-OlitiiI‘‘‘k in3 I wi ..F. _____ _ -------4- ' ciovijp.,..1,1,71.1!,..1° ,1,44THIVIAlt‘.%‘‘,‘ ov m " -irorrrli I 1 II-1'i r•-' i k v , .. ill;-,.ipt., I, , i I -1,,vi-1/4,...— wre,romun Ei LI.4 8 1.0 110',VA'It4r—- —-- . b let , i,.1.f, i v,1,I i IA i k 1 4 10" I I1‘11111?"ink t 1 1 ,-, I tgt=rAt'11-1. Satalt1,1 AM11. i 1 1 i .)r''l'' 1 Vklili:VIC Rem r i F tonn....m c MAA.P.R.1 ir:'I45IFF&1 “ i 1 1 GRATING PLAN FRAMING PLAN MPO1 To ra,...m., AERATION BANK 1 EFFLUENT CHANNEL GRATING REPLACEMENT D y 'T Pr,red. II,p,:l 1 ft,I De, ..2021 I 5 Tt I _ -▪.. c,) ii 1111 1 elellia... - -1 I . , //7 it iiikl , ,/ofiliiir ii i l'ilii . . 1 I ,,, // I . i I GENERAL NOTES i ..,,,.. ,,,. 0,11,0,.," li io 7/tor. /.7iit w 2 .J p ii,,,,,,,,,,,,,E,Tsan„..-F, 1 ,'',',r,; /t it, ,,,,,,,,,„...E„..„--, 1,11,/,,i:0,,,0„,,,,,,4,0A,,,,, ,„ , i II ..„,,,,,,,,, ,,..------ „,,,,#,.,, ,,,vi,, ,,,, , , „,,,,,,/,,,„ ,,,,....„ DONOHUE I P.U.X3.rteINOWIFCR4V., AERATION DANN 2 EFFLUENT CHANNEL V?", Ad-Ill-SO ',I' GRATING REPLACEMENT E mum A' r ,!.:.11.J.:, I 1 I 1 I fi f I .-1 roil , 1 eor I 1 1 1 I I I, 0^...1 p 0. „ ....e..,,,,...-0,-."-,.."-,--..:--Zs,,,,,,,,S__,,,z4zz.,-,-...4•40',.,0,(,,,dr li,. ,,,,,z,,,,,z....zt,•tz,........:,,,„;-,-.-z,.....,-,,,-, rlity,,,) 1,:Ali::,,!,!.',,,,A, .,, I 1,9111 AERATION BANK 3 EFFLUENT CHANNEL 4/4434.• Se.13111,1111 - GRATING REPLACEMENT F TA. t if Fg1=74,71nt,,,, 5`24' .. )ft, in 0 n .....•, _ _,,,,,,E,,,,,,,,,„,„,...,,, ,,,,,,, ,„„,i4 v ,q,., A% *C' L'ui;'-''' P r.g,,i .I.iummilmilifir ,',,,v0;441iittl,r4t0 I NiolAik'Nkys;.'; ,,-;f1,,,,,,- ,.. — --,,,,,,, 'm, , trel4r1 :Lilo_I/ ---- 'at=r7=riegitl, ili71:111/111ignliSg4:1'11,1\‘‘+‘‘'il 1 . -------, ,„„,„-,,,,,,i,,,,„ ',,,,„/,,,,,,,,,,,,,,,,,p,11;111,1111,11,11;t„,,,,,:,,,,,,,„\\,,,,,,„ 0 1 GENERAL NOTES ..4 ',", E tz i p, . o. .., 1 I I lull - :45P1'°°74": 'r/i1/41',11/1/111,11,714111h::°4111'0:0:Aiv,",\‘‘,0,1,‘,§` ilt.1 ,-..E` 6.6.1 6 PM 1 1-1 17,410,--MI _ ::::-...7.,..:,, ///1/11//11/1111/1/1111111111111111111111,111111i11114\414‘11%‘,$ 'votinAigilr.147 — ---- '''''''IT.':441'"- /4//1/1111111111 II III, 1 Mill 'ii Ili1111111111Allit ri i 1/III: 111i 1 1114 1 11 It)1, e-',,,Pe'11..1 < — 1....6,0"A ' rCI=WIIIVIZIVF1="'"''''''t i I 111111110, 111 1 l --- liarti/1111111,111 II II 1 li/t1:11, '4;.g.nr.,...mr----- I . a 1 , ' a. 'V112(MP ,'''' 1 ' =,'17.=,Allt`iftr:r"`''-'''"" '.; ),,, , ,,, , ) p 10 ' 'L•,,,,,t'I I III i I------- 2:,:124.:VONA,' A1.414))[,t 67 V lt,,A'f i L.'`,, , ,. ......_ II I III" — 3)DONOHUE i ril....11.1701531A09,, Ni...)„, 11 COMBINED EFFLUENT CHARNEL GRATING REPLACEMENT G A ,...,t-7...)4" ;°'-1, ulg,mr„naw- , , A7 311-5 4 .6.8Er A /336r1445 44 43 I . I ;oy,�,.a,1.,wH, -- y o _. .. .... _... is = . r a „ -- 9 �o.t 1aarz021 ..fir"— (). r 1 0Phy ; z Q¢ U 1- ¢ mraL:...,. OH y u�W a O .... I GENERAL F UTES; g 3 K z .._ ....... ... ..... war.ane :s a.�..muasrwcmauw.ow. a WO 4 RI ..... .E.pra earvsewsr_w. rxararwy... wea €� COMBINED EFFLUENT CHANNEL i of IIID NOHUE GRATING REPLACEMENT H .. An.rrezr 'k ''' 14 6" Ai-311S-5 C.AIororT A'•r,.VA a/5. I I I 170,d'iiii41,('i??0,,,,,(,4 r,„,, , ,,,..,:_zr.,,,.......0, i ivr• ,//,-,."4,40,..4t,-." trit ;. I illg"u;I 014,00itt ',' '' .0:71V1'f,•,,i4,,-...V .',,,szzit4-2;:z4;„‹,,ws„"AL, 4fflett,,,,mq e °' • °''' °. ( -,z,-- -k**,,,,,,,,,•-°-''.",° - ,71..;.%-...,‘,;".,."44.t..W. '1,,,,,,qtsitIVAitt'ele*-0.t- ',-",,,/, =il PHOTO 2 pki.T. , rrrs Wf11111 ,95 *,r ,,,f,ii .,„•Y„.9,,,„.„,-.',',..,'f,f,,,',,,,,z',?;t',----,':„F„,z,--3,-„:„,f"-..i2yf's3-',z 1 i I , 5---..;.-------------------..--------i ,_. n A v d i ___--- N-H4'E'AN N-I4. .„_........ ___ , ix ...z PAO 11,1 MI n Irl SSP., 3)DONO ii UE 'ailltg,17;"'"" 1, .s--H-r,jf .. . 11 COMBINED EFFLUENT CHANNEL 14,,,:A'N• GRATING REPLAC N EMENT N '::'-'1N/etI6 ANIN311 SA DUI 1511 A FN,N1.454 014Na i I "f - 't W , ii 'y'r '. "vir-9 rur-9 P ''' I( I ' a ft L° I , N, ..,... I ' 4 4,. ,-, I .... A-64#0 It In* ( CITY OF RICHMOND DEPARTMENT OF SANITATION 2380 LIBERTY AVENUE:400-11\40ND,INDIANA 0374 THIS IS NOT AN OR I ER PtPHONE(/65)983-7150.EAX(765)962-2669 VENDOR INSTRUCTIONS This Is a request foi 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 lo 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 whore 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 lime to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: September 13,2021 October 12,2021 by 9:00AM UPON RECEIPT OF INVOICE DELIVERED . . DESCRIPTION This is a request for proposals for the Grating and Railing Improvements—Part IV(A7) Project. Please see attached specifications.All E-Verify requirements will apply to this quote. Please include a Certificate of Insurance and any warranty information. lWojetneeting will be September:27"i at .1:00PM at.Richmond Sanitaly 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-Part IV If you have any questioits please call Elijah Welch at 705-983-7483„ NAME OF FIRM QUO I ING: _,M bk X I 4 do 310f OW ) ( ( STAIE TAX EXEMPTION A 003121909,00i AlIT,If WED BY SIGNATURE k 1 e f i . Trap 70 17 7 i '..3 / 7- 700 20 ) _ Richmond Sanitary District DATE PHONE NUMBER EXHIBIT'B -Page 1 of 9 BIDDER'S PROPOSAL FORM TO: Richmond Sanitary District Wm. E Ross Wastewater Treatment Plant 2380 Liberty Avenue Rich mon d,Indiana 47374 BID FOR: Win. E. Ross Wastewater Treatment Plant Grating and Railing Improvements—Part 4 BID PROM; None QnáA k •— T Addis. c- 0 5 r 2-74/ / 3 A) ? /o (( 0 Phone/1. THE UNDERSIGNED: I. Acknowledges receipt of bid documents, including the following addendum(addenda): Addendum No. Dated: PIC/C/A ik ib 17_/21 _ 2. Has examined all bid documents, 3. Agrees to: A. Bold this bid open until (.mb)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 hi the Bid Documents, within the time frame set forth herein, for the sum nfl c 6 I 7 B 9 00' (DOLLARS) (Amount in Figures) f: 11‘00,,„4 ttu,011(0.1 (Amount intint Vo,/'‘Atirds) (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 WI the Bidder has hereunto set his hfind this I day of (A.-.4040r—, 20 7.-,1 (14. 'LA S'iii G Business Name ByL Aurized Signatory EXHIBIT'B'-Page 2 of 9 AFFIDAVIT REGARDING NIONRESPONSIBILITY 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. Af\ K. LA dOM1-1-11/.( 6-00 Name of Contractor By; D Ait[,E„, (Authorized Representative of Con(ractor) Dated: /a/le-1 ?0 ? STATE OFCAJ ) )SS: COUNTY OF /140(ib As. ) Before me, the undergIgnep a Notary Public in and for said County and Stalbe, personally appeared 4 n t4te_by M DOW t DuTO 4- -S6 a awl Avg 006-i-tr &A..le arid acknowledged tfre execution of the foregoing Declaration. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my Notarial Seal this I Ail day of 0 eh boc 2, 021. My C72714150E;x1pres: r11.34eRa'tjabc-rnefezt , Notary Public (Printed Name) A resident of ,.7?)dit.4549/1,/ County, Indiana LORA L.DOWER 4;•ss OIP:U NOTARY H Y P,D'ilZ S A 4 *4 JOHNsoN COUNTY COMM, MVO 4'0 r COMM.EXPMES 04.10-2023 EXHIBIT'B -Page 3 of 9 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. CONTR..ACTOR 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. AI (Lc/W.0x: A dooit 3 0. 6 ru 10 Name of Contractor By: 1) .4r A 0, S A77(_ (Authorized-Representative of Contractor) Dated: /0/ 12-fiC e') / EXHIBIT'B -Page 4 of 9 AFFIIAVIT CONCERNING EMPLOYMENT OF UNAUTHORIZED *LIENS l am a duly authorized officer of 4/1 "(ic/aX„ L A-06,54c, / r"P (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: /0 ) 7_ , 20 9)A fl Printed 8 US.C. 1324417)(3) Definition of unauthorized alien As used in this section, the term "unatithorized 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 (B) authorized to be so employed by this chapter or by the Attorney General. EXHIBIT'B -Page 5 of 9 . . . . . • , . . . . . . , Affidavit of Employment Eligibility Verification - . - - , . , . . . . . _ •• , . , The Contractor, i OfiicIAK46 Affik.i.5,--ai I (2ratt,affirms under the penalties of perjury that . Contractor does not knowingly employ an unauthorized alien, •If Contractor is self-employed . . and does not employ arty eniployees, Contractor verifies he or she is a United States citizen or qualified alien, • . . The Contractor has not knowingly employed.or contracted with au unauthorized alien arid • • shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Inn-liana Code 22-5-1,7, Contractor.has enrolled in and • vet ifferl the workieligibility status of all newly hired employees of the contractor through the Indiana E--VeritY program, . . . . . . . , . . . The Contractor has required Confractor's,subeontractors 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 -Verify program, The Contractor will maintain this certification throughout the duration of the term of a contract with a b sucontractor. . . I hereby verify under the penalty of perjury that the foregoing statement is true, . , Dated this I 4.- day of C)c.1-0 k., 4,_/-- ,20 -e..1' . . .. (::::., • _ . . (signal. 9?'"-- • ' . . . . . . [JA . i I' -e ,...c..- . • . • (printed name/ . 1. . . . . . , . . • . . . . . . : . . . . . .. • . . . . . ' . . . . . . . . . . . . . . . . 1 . " . . . . . • ' I. . • . 1 . . . • . . I . . . . . . . . . ! . . . . . . . . . , . . . . . • . . . . . . . . . . . . . . . . . „ . . . . . , . . . . . • . . . . . ' •. . . . . . . , . . . . . — EXHIBIT'B -Page 6 Of 9 ENVIRONMENTAI.PRO'rECTION 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 fiirther 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. /6• /?- 7/ Signatu Date Pd r(-7 oj ec Name and Title of Signer (Please type) /4/1°0-010 Oil> fe'r ,, Y p Firm Name NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. OEE-1 (11/79) EXHIBIT"B°-Page 7 of 9 5906 S. Harding St. Indianapolis Indiana 46217 MADDOX IMUSTRIAL GROUP) 317-870-2400 or 317-346-6540 OLkeifirRiA ' 1 www.maddoxindustriatcom 9 • Alcohol and Drug Abuse Policy MIG is a drug-free workplace. The purpose of this policy is to ensure the safety of all employees and to promote productivity. This policy applies to all employees, colgractors,and temporary workers. Substances covered under this policy include alcohol, illegal drugs, inhalants,aid prescription and over-the-counter drugs. All employees must undergo a pre-employment drug screen. We reserve the right to inspect our premises for these substances. We reserve the right to conduct alcohol and drug tests at any time if there is a determination by a company official of reasonable cause. If an employee's test results comes back unacceptable, the employee will be removed from our Customer's site or facility. We may terminate your employment if you violate this policy, refuse to be tested,or provide false information. Definitions under this policy A "substance" includes alcohol, illegal drugs, inhalants, and prescription and over-the counter drugs. An "illegal drug" is any substance that is illegal to use, possess, sell, or transfer. "Drug paraphernalia" are any items used or intended for use in making, packaging,concealing, injecting, inhaling, or consuming illegal drugs or inhalants. A "prescription drug" is any substance prescribed for an individual by a licensed health care provider. An "inhalant" is any substance that produces in hid-altering effects when inhaled. You are under the influence of any substance: • Impairs your behavior or ability to work safely and productively ! • Results in a physical or mental condition that creates a risk to your own safety, the safety of others, or company property; or • Is shown to be present in your body, by laboratory evidence, in more than an identifiable trace. "Company premises" include our buildings, grounds, parking lots, and 1 company-provided vehicles. Company rules You must follow these rules while you arc on company premises and while you conduct company business. The rules apply any place you conduct company business, including a company vehicle or your own vehicle: 1. You may not use, possess,or be under the influence of alcohol on company premises. If management approves,you may drink moderately at certain off-premises, business-related meetings or social gatherings. INDUSTRIAL MECHANICAL/PROCESS PIPING/ELECTRICAL&CONTROLS/MILLWRIGHT/MAINTENANCE EXHIBIT'B -Page 8 of 9 5906 S. Harding St. Indianapolis Indiana 46217 317-870-2400 or 317-346-6540 (MADooxiNDU MAI:GROUP, www.maddoxindustrial,com INPUMTIR SUL T •OL•0 ,:tri 2. You may not use, possess, or be under the influence of illegal drugs. 3. You may not sell, buy, transfer, or distribute any chugs. it is against the law to do so, and we will report such actions to the authorities. 4. You may not use, possess, sell, buy, transfer,or distribute drug paraphernalia. 5, You tnay not use or be under the influence of inhalants, 6. You 'oust thllow these rules if you take prescription or over-the-counter drugs on the job. • You may use prescription or over-the-counter chugs only if they do not generally affect your ability to work safely, • You must follow directions, including dosage limits and usage cautions, • You must keep these drugs in their original containers or bring only a single-clay supply. 7. The company may consult with a doctor to determine if'ai prescription or over-the-counter drug may create a risk if you use it on the job. The company may change your work duties or restrict you from working while you are using a prescription or over-the-counter drug that creates such a risk. 8. You may not use machinery while taking prescription or over-the-counter drugs that impair your ability to work safely.This includes vehicles. 9. You must cooperate with any investigation into substance abuse. An investigation may include tests to detect the use ofalcohol, drugs, or inhalants. Testing Any incident involving an MIG employee with or on company premises or during work hours will require a post-incident drugscrecn. Testing may include urine, blood, or breathalyzer tests. Before testing, you will have the chance to explain the use of any drugs. We will follow laws for keeping test results confidential. Any refusal to receive a drug screen will be considered a "positive" test result, Assistance Our health care insurance provides treatment of substance abuse, For more information,call the office(317) 870-2400. Agreement to follow policy I have received and read a copy of the drug and alcohol abuse policy for MIG, 1 agree to follow the rules in the policy. INDUSTRIAL MECHANICAL/PROCESS PIPING/ ELECTRICAL&CONTROLS/MILLWRIGHT/MAINTENANCE EXHIBIT'B'-Page 9 of 9