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Home My Public Portal About194-2023 - Sanitation- Culy Contracting - Concrete & Tunnel Repair AGREEMENT THIS AGREEMENT made and entered into this _7 day of Oeimc, 2023, and referred to as Contract No. 194-2023 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Culy Contracting, LLC, 5 Industrial Park Drive, Winchester, IN 47394 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with concrete and tunnel repairs as more specifically described on said specifications and bid materials. Bid Specifications dated August 4, 2023, have been made available for inspection by Contractor, are on file in the office of the Director of Sanitation for the City of Richmond, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Responses dated August 22, 2023, is attached hereto as Exhibit A, which Exhibit consists of two hundred seventy-eight (278) pages, and is also hereby incorporated by reference and made a part of this Agreement. Should any provisims, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, 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 which are incidental to the proper completion of all work specified. No performance of services shall commence until the following has been met: I. The City is in receipt of any required certificates of insurance and/or warranties; 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. Contract No. 194-2023 Page 1 of 8 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 III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of Ninety-nine Thousand Eight Hundred Seventy-three Dollars and Zero Cents ($99,873.00) for complete and satisfactory performance of the work required hereunder. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until the satisfactory completion of the Project. Substantial completion of the project shall be within one hundred eighty (180) days, and final completion shall be within two hundred twenty- five (225) days. 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 five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d, suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. Page 2 of 8 This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by 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 the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could riot have anticipated or controlled. Examples of a force-majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government. SECTION V. WITHI-IOLDING, RETAINAGE, AND CLAIMS FOR PAYMENTS Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide for the payment of subcontractors, laborers, material suppliers, and those performing services under a public works contractor and further agrees that in the event Contractor fails to timely pay any subcontractor, laborer, or material supplier for the performance of services or delivery of materials under this Agreement that the Board of Public Works and Safety for the City shall withhold payments in an amount sufficient to pay the subcontractors, laborers, material suppliers, or those providing services. Contractor further understands, ackncwledges, and agrees that the Board shall proceed with the proper administrative procedures initiated as the result of any claims timely filed by any subcontractor, laborer, or material supplier under Indiana Code 36-1-12-12. SECTION VI, 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 Page 3 of 8 B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2, Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate SECTION VII, COMPLIANCE. WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2), In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that Page 4 ol=8 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 rem ;n liable to the City for actual damages. SECTION IXI. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. in the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5- 22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION X. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-1(), Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub-contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; Page 5 of 8 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all monies 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. Both City and Contractor agree to comply with all applicable Americans with Disability Act (ADA) requirements and Title VI Civil Rights Act non-discrimination requirements. D. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION XI. 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 for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XII. 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It 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. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, 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. Any person executing this Contract in a representative capacity hereby warrants that he 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 due to the enforcement of Page 6 of 8 this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is tiled. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof so all 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 affix d on different dates. Date: "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners .• ue Miller, President Vice President By: c, egSLs, Member Date: ILL 2 APPROVED: . Snow V ,2 Page 7 of 8 � , ' "CONTRACTOR" CLLY CONTRACTING, LLC 5 Industrial Park Drive Winchester, CN47394 Printed: DoroenM. Cvl}�_ Title: President - - — — Z)aic: l2-7-2O�3 �� -- �� July 12, 2023 PROJECT MANUAL RICHMOND SANITARY DISTRICT WM. E. ROSS WASTEWATER TREATMENT PLANT CONCRETE AND TUNNEL REPAIRS (A8) Richmond, Indiana kAY actIN 41- 140.ii400728 sure 0.44,1 11/416*....0jytmot....cco .„. 4.0 sioNm.s: --r/ itrz4i-s D.1). DONOHUE Donohue&Associates,Inc, 101 West Ohio Street,Suite 1650 Indianapolis,IN 46204 317 267 8200 I donohue associates cool Donohue Project No 13860 A8 X1-11B11 'A Page 1 of 278 PROJECT MANUAL RICHMOND SANITARY DISTRICT M1I. E. ROSS WASTEWATER TREATMENT PLANT CONCRETE AND TUNNEL REPAIRS RICHMOND, INDIANA .01W? J 84 T" 4. 0% Is - • q• .8F • • 140.1140 ' I •4`, Er."--rwri itr It x.6'1'4/ #"••-"9•S'i 0 N -711/4 7-S Donohue &Associates 101 West Ohio Street, Suite 1650 Indianapolis, Indiana 46204 Phone: 317-267-8200 Fax: 317-500-4220 Project No 13860-AB EXHIBIT'A Page 3 of 278 07/12/23 PROJECT MANUAL R|CHK8OND SANITARY DISTRICT VVM. E. ROSS WASTEWATER TREATMENT PLANT CONCRETE AND TUNNEL REPAIRS R|CH&8OND, |NO|ANA TABLE OF CONTENTS ADVERTISEMENT FCR BIDS INSTRUCTIONS TO -VDOERS FEDERAL. STATE, AMD LOCAL FORMS Fonn0G Affidavit Regarding Nonneeponsibi|ity Affidavit Regarding Nepotism Affidavit Regarding Employment of Unauthorized Aliens Richmond Sanitary District E-VehfyCertification BID FORM BID BOND NOTICE OF AWARD AGREEMENT NOTICE TDPROCEED GENERAL CONDITIONS SUPPLEMENTARY OOND|T|UNS SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS Section O111U—Summary ofWork Section 01238—A|ternateo Section OV2Q5—Schedule ofValues Section 01315—Project Meetings Section O1321 —Construction Photographs Section O132G—Progress Schedule (Bar Chart Method) Section D13J8—Submittal Procedures Section 0152O—Construction Facilities Section O1575—Envimnment Protection Section O1G15—Material and Equipment Section O1735—Alteration and Demolition Procedures Section Q174O—Cleaning Donohue &Associates, Inc, TABLE OF CONTENTS Project No, 13860-A8 Ex*|en'A'Page smzro 1 O7/12/23 Section O178S—Project Record Documents DIVISION 3—CONCRETE Section UM3O— Rehabilitation ofCaut-in'PlaceConcrete Section O #43G—Foam Injection Grouting DIVISION 7—THERMAL AND MOISTURE PROTECTION Section O7920—Sealant O|V|50N Q—F|N|SHEG Section O90GO—Coatings APPENDIX TABLE OF CONTEN3 Donohue &A000ciates. Inc. 2 exn|mTvv Page scxc/o Project No. 13816`A8 ADVERTISEMENT FOR BIDS EXHIBIT'A Page 7 of 278 07/12/23 ADVERTISEMENT FOR BIDS IBOARD{3F COMMISSIONERS OF THE R1CHMOND SANITARY DISTRICT VVM. E. ROSS WASTEWATER TREATMENT PLANT CONCRETE AND TUNNEL REPAIRS (A8) 0CHK8O@D. |ND|ANA Sealed Bids for the construction of the Concrete and Tunnel Repairs (A8) project will be received by the Board of Sanitary Commissioners of the Richmond Sanitary District at the administration office of the Richmond Sanitary 0mtric1, 2380 Liberty Avenue, Richmond. Indiana 47374. until 9:00 a.m. Local Time on the 22nd day uf August 2U23. Bids received will be opened and read aloud ot the 1O:OOa.m. Board of Sanitary Commissioners meeting on the same day. The Project is generally described as foam injection grouting, concrete repair, and coating (if the alternate is accepted) of existing concrete structures and he|mm grade concrete tunnels within the following structures at the Wm. E. Ross Wastewater Treatment Plant: 1. Old Lab Building (Structure No. 2U1) 2. Rect Prim Clarifier 5'G-7 Overflow Structure (Structure 23OG) 3. Aeration Basins (Structure 311) 4. Tunnel No. 1 (Structure No. 815) 5� Tunnel No. 2 (Structure No. 740) Bids will be received for a single prime Contract. Bids shall be on a lump sum price basis plus two alternates amindioatoc in the Bid Form. All bids shall be properly and completely executed un a Form No. SG as prescribed by the State Board of Accounts of the State of Indiana, All bids submitted shall be accompanied by an acceptable Bidder's Bond, Certified Check or Cashier's chock made payable to the Richmond Sanitary District in the amount of 5% of the total bid price. If the bidder is from out-of-state, the Bidder's Bond must bwsecured by a Surety who is admitted to do business in Indiana. The successful bidder will be required to submit o Performance Bond in the amount of 10096 of the bid price and o 100% Labor and Materials Payment Bond, prior to commencing work. Checks ofthe unsuccessful bidders will be returned mn award of the proposals. The Bidding Documents may be examined at the administration office of the Richmond Sanitary District, on Mondays through Fridays between the hours of7:3Oa.m. to4:3Op.m. Complete digital project bidding documents are available at ym^mv.que��cdn.00m. You may download the digital plan documents for S4Obyinpu�ingUue��pn�ect #85S2750on the weboiVa'u Project Search page. Please contact OuestCDNzom at 952'233'1632 or info@ques1odncom for assistance in free membership registration, dmwn|ooding, and working with this digital project information. Paper sets of project documents wiU not be made available. No refunds will be issued for this project. Questions regarding he bid documents should be directed to Donohue &Associates attention: TJ Bates, PEat(G1G) 2O1'2820or email tbahan@donphue-u000ciaxaa.con?, All addenda, which may be issued for this Pnoject, will he issued to each plan holder via the Quest wmbnite, PRE-BID CONFERENCE: Apn+bid conference will be held prior to the Bid opening on August 14. 2023. at 1:00 p.m. at the R�chmond Sanitary District Administration Bui|dinQ, 2380 Liberty Avenue, Richmond, |N47374to familiarize Bidders with this Project. Donohue &Associates, Inc. ADVERTISEMENT FOR B|08 Project No. 13860-48 s«meITvvp»oeeo'z/o 00100'1 O7/12/23 BID SECURITY: Bid Security in the amount of not |eaa than 596 of the Bid shall accompany each Bid in accordance with the Instructions toBidders. CONTRACT SECURITY: The Bidder howhom e Contract is awarded shall furnish a Performance Bond and o Payment Bond =mchinon amount equal to the Contract Price. BID REJECTION/ACCEPTANCE: The Owner reserves the right to reject any and all @ide, waive informalities in bidding, ortn accept the Bid or Bida, which best serves the interests of the Owner, BID WITHDRAWAL: No Bid shall be withdrawn for a period of 60 days after the scheduled opening of the bids without the consent ofOwner. BOARD OF SANITARY COMMISSIONERS Sue Miller AmenBakahi GnsgSUena Publish Dates: August4m and August 11m. 2O23 ADVERTISEMENT FOR BIDS Donohue &/\asociotes. Inc. 00100-2 E»mB/r'A'Page 1o»'2/» Project No. 13860+48 O7/12C23 INSTRUCTIONS TO BIDDERS EXHIBIT'AI Page 11 of 278 07/12/23 INSTRUCTIONS TOBIDDERS ARTICLE 1 —DEFINED TERMS 1,01 Terms used in theme Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office—The office from which the Bidding Documents are to be issued and where the Bidding procedures are tob* administered. ARTICLE 2—COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be obtained for the nonrefundable payment stated in the Advertisement uf Bids. 2.02 Complete sets of Bidding Documents issued by the Issuing Uffima, shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for enom, omiuoiono, or misinterpretations resulting from the use of incomplete sets of Bidding Documents or documents issued byoonme entity other than the Issuing Office. 2.03 Owner and Emgineer, in making copies of Bidding Documents available on the above terms, du no only for the purpose of obtaining Bids for the Work and du not authorize or confer e license for any other use. ARTICLE 2—QUALIFICATIONS OFBIDDERS 3.01 Each Bid must contain evidence of Bidder's authority and qualification to do business in the state where the Pn!uct is located or covenant to obtain such qualification prior to award of the contract. 3.02 To demonstra-.e Bidder's qualifications to perform the Work, Owner may request Bidder to Submit written evidence such as financial data, previous experience, present uommitments, and such other data as may be called for below: A. The address and description nf the Bidder's place ofbusiness. B. The number of years engaged in the contracting business under the present firm name, and the name ofthe state where incorporated. C� A list of the property and equipment available to the Bidder for this Project to evaluate if the Bidder can complete the Work in accordance with the Bidding Documents, O� Afinencia| statement of the Bidder showing that the Bidder has the financial resources to meet all obligations incidental to the Work, E. The Bidder's performance record giving the description, |ooadun, and telephone numbers'Of similar projects constructed by the Bidder. F� A list of projects presently under contract, the approximate contract mmount, and percent of completion ofeach. G, A list of contracts, which resulted in lawsuits. H. A list of contracts defaulted, i A statement of the Bidder indicating whether ornot the Bidder has ever filed bankruptcy wh |e performing Work nf like nature ormagnitude. J. A list of officers of the firm who, while in the employ of the firm or the employ of previous finns, were associated with contracts which resulted in |ewouits, contracts defaulted or filed for bankruptcy, Donohue&Aasooiohes. Inc. INSTRUCTIONS TO BIDDERS Project No. 13880`A8 00200-1 exn BIT vv Page 1amzm O7/12/23 K. The technical experience ofpersonnel guaranteed to be employed in the responsible charge of the Work stating whether the personnel have or have not performed satisfactorily onother contracts of like nature and magnitude or comparable difficulty at similar rate of progress. L. Subcontractor or Supplier qualification information. M. Such oddhono| information as will assist Owner in determining whether the Bidder is adequately prepared \o fulfill the contract. 3.03 A Bidder's failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of Contract. 3�04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder's qualifications, 3.05 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representation and certifications. 3.06 The object of the request for the qualification of Bidder is not to discourage bidding or make it difficult for qualified Bidders to file Bids, Neither is it intended to discourage beginning contractors. It is intended to make it possible for Owner to have more exact information on financial abi|ity, equipment and experience in order to reduce the hazards involved in awarding contracts to parties who may not b* qualified to perform the Work aospecified. 3,07 Owner's deoiuon an to qualification of the Bidders nho|| be final. ARTICLE 4 — SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNERS— SAFETY PROGRAM; OTHER WORK AT SITE 4.01 Site and Other Areas A, The Site in identified inthe Bidding Documents. By definition, the Site includes hghts-uf+xay, eanementa, and other lands furnished by Owner for the use ofthe Contractor. Any additional lands required for temporary construction foci|ihea, construction equipmont, or storage of materials and equipment, and any access needed for such additional |anda, are to he obtained and paid for bythe Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions 1. Copies of subsurface condition reports and drawings of physical conditions will be made avail by Owner tuany Bidder on request. Those reports and drawings are not part of the Contract Uocumenta, but the Technical Data contained therein upon which Bidder is entitled to rely osprovided in the General Conditions has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. B� If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1of the General Conditions will apply. C. Underground Facilities Information and data shown or indicated in the Bidding Documents with respect to existing Underground FooiUheo at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by Owners of such Underground Facilities, including Owner, or others. Owner and Engineer do not assume responsibility for the accuracy or completeness thereof, O. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data, if any, furnished to prospective Bidders with respect to subsurface conditions, or other physical conditions and Underground Faci|idea, and possible changes in the Bidding Documentndme to differing or unanticipated conditions appear in Paragraphs 5.03. 5.04. and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data, if any, furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the INSTRUCTION TO BIDDERS Donohue &Asoociatea. Inc. 00200'2 sxmon'A.pamv1*n'z7u Project No, 13860`A8 O7/12C23 Site, if ary, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Document to be within 1hm scope of the Work appear in Paragraph 5.OSof the General Conditions. 4.03 Site Visit and Testing byBidders A. Bidder shall conduct the required Site visit during normal working houru, and shall not disturb any ongoing operations ot the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On oaque-t, and to the extent C}wmar has control over the Site, and schedule permitting, the Owner vviN provide Bidder access to the Site to conduct such additional examinadonn, investigations, exp|onationn, teota, and studies, as Bidder deems necessary for submission of a Bid. Owner will not have any obligation to grant such access if doing so is not practical because cfexisting openahona, security or safety concerns, or restraints on Owner's authority regarding-he Site. D� Bidder shall comply with all applicable Laws and Regulations relative hoexcavation and utility |ocatax, obtain all pennito, and comply with all terms and conditions established by Owner or Property Owners or other entities controlling the Site with respect to mchadu|o, aomaos, existing operations, security, liability inuunonoe, and applicable safety programs, E. '�'ddor shall fill all holes and dean up and restore the Site to its former condition upon completion of such exp|urotiuna, invmstigahono, tmotn, and studies. 4.04 Ovvner'nSafeby Program A. Site visits and Work at the Site may be governed by an Owner Safety Program. As the General Conditions indioete, if an Owner Safety Program e«ista, it will be noted in the Supplementary Conditions. ARTICLE 5— BIDDER'S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully Study the Bidding Oocuments, including any Addenda, and the other related data and reference items identified in the Bidding Documents; B� visit the Site, conduct othorough visual examination ofthe Site and adjacent areas, and become familiar with and satisfy Bidder an to the general, |one|. and Site conditions that may affect cos-, proQnaam, and performance of the Work; C� become familiar with and satisfy Bidder as to all Lows and Regulations that may affect cost. progress,mr performance of the Work; D� consider and correlate the information known to the Bidder information commonly known to Bidders doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and all additional or supplementary examinotionu, imveetigetons, explorations tasts, studies, and data with respect to the effect of such imfomnaticn, observations and documents on (1) the coeJ, progress and performance of the Work; (2)the moann, methodu, teohniquao, oaquences, and procedures of construction to be employed by Bidder, including any specific nneano, methodm, heohniqueo, sequences and procedures of construction expressly required by the Contract Documents; and (3) Bidder's safety precautions and prngramn� E� agree, based on the information and observations referred toiothe preceding paragraph, that at the time of submitting its Bid that no further axominahonu, invmodgotiono, exp|orodona, tea|a, otuJies, or date are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times requined, and in accordance with the other terms and oond1ionaof the Bidding Documents� Donohue &Aoaociates. Inc. INSTRUCTIONS TO BIDDERS Project No. 13880-A8 exn|o/T'A'Page 15o,278 082003 F� become aware of the general nature of the Work to be performed by Owner and others at the Site that ndmteuhz the Work ao indicated in the Bidding Documents; G. promptly gi�va Engineer written notice ofall nonOic1u, enora, anbiguideo, or discrepancies that Bidder discovers, in the Bidding Documents and confirm that the written resolution thereof by Engineer iu acceptable toBidder; H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work; and | agree that the submission of e Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are: premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methodn, hachniquea, sequences and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents; that Bidder has given Engineer written notice of all conMi/te, ormrs, ambiguidea, and discrepancies; that Bidder has discovered inthe Bidding Documents and the written resolutions thereof by Engineer are acceptable to 8idder� and that the Bidding Documents are generally sufficient to indicate and convey understanding of all Terms amd Conditions for performing and furnishing the Work, ARTICLE G—PRE-BID CONFERENCE 8.01 A Pre-Bid Conference will be held at the time and location stated in the Advertisement for Bids. Representatives ofOWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda on Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7—INTERPRETATIONS AND ADDENDA 701 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer inwriting, Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received |eoa than seven days prior to the date for opening for Bids may not be answered, Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.82 Addenda maybe issued to darify, corred, supp|ement, or change the Bidding Documents as deemed advisable by Owner orEngineer. ARTICLE 8— BID SECURITY 8.01 A Bid must beaccompanied by Bid Security made payable to Owner in on amount of not less than 5% of Bidder's total Bid Price (determined by adding the base Bid and all Alternates) and in the form of certified check, bank money order, or Bid Bond (on the Form included in the Bid Documents) issued by a surety meeting the requirements of Paragraphs 6.01 of the General Conditions. &02 The Bid Security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid Security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents a-id furnish the required contract security within 15 days after the Notice of Award. Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, Such forfeiture shall be Owner's exclusive remedy if Bidder defaults, &03 The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective INSTRUCTION TUBDDERS Donohue &Associates, Inc. 00200-4 exmo/T'a'Pane1nvrzre Project No. 138G8-A8 O7/12/23 Date of the Agreement or61 days after the Bid opening. whereupon Bid Security furnished by such Bidders will be released. 8.04 Bid Security of other Bidders whom Owner believes do not have e reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9—CONTRACT TIMES 9.01 The number of days within vvhich, or the dates by which, the Work is to be substantially oomp|eted, and completed and ready for final payment are set forth in the Agreement, ARTICLE 1Q—LIQUIDATED DAMAGES 10,01 Provisions for liquidated damages, if any, for failure to timely attain Substantial Completion, or Completion of the Work in readiness for final payment are set forth in the Agreement. ARTICLE 11 —SUBST|TUTEAND "OR EQUAL" ITEMS 11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described n the Bidding Documents without consideration during the Bidding and Contract award process of possible substitute or"or equal" items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of o substitute or "or equal" items of mskorio| orecuipment. application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda, Any assumptions regarding the possibility of post-Bid approvals of''or equal" or substitution requests are made at Bidder's sole risk. ARTICLE 12—SUBCONTRACTORS, SUPPLIERS,AND OTHERS 1Z01 A Bidder shall be prepared to retain specific Subcontractors, Supp|iars, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Speoifioatono) to do so. If prospective Bidder objects toretaining any such Subcontractor. Supp|ier, or other individual or endty, and the concern is not relieved by an Addondum, than the prospective Bdder should refrain from submitting aBid. 12.02 Subsequent to the Submittal of the Bid. Owner may not require the Successful Bidder or Contractor to retain any Subcon\roo\or. Supp|ier, or other individual or entity against which Contractor has reasonable objection. 12.03 Bidden* shall submit with the Bid a list of proposed Subcontractors having m direct contract with the Contnscto- 1204 If requested by Owner. such list shall be accompanied by an Experience Statement with pertinent information regarding similar projects and other evidence of qualification for each ouch Subcontractor, 8upp|ior, or other individual or entity. |f Owner nr Engineer, after due investigation has reasonaLle objection to any proposed Subcontraotor. Supp|ier, individual, or entity, Owner may, before the Notice of Award is given request apparent Successful Bidder shall submit substitute. Bidder's Bid price will be increased (or decreased) by the difference in coat occasioned by such oubstituhoo. and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.05 If apparent Siuooeaafu| Bidder declines to make any such subo1itution. Owner may award the Contract to Vie next lowest Bidder that proposes to use anoep1mb|o Subcontn*dom. Supp|iem, or other individus|s, or entities. Declining to make requested substitutions will constitute grounds for forfeiture ofthe Bid Security of any Bidder, Any Subcontractor, Gupp|ior, individma|, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent nmooationofsuohacceptanooanpmvidedinPenagnsph7.OSofthoGenera| Conditiona. Donohue &Asaociates. Inc. INSTRUCTIONS TO BIDDERS Project No. 13860f\& exmmr'A'Page 1/mcra 002005 O7/12/23 ARTICLE 13—PREPARATION OFBID 13.01 Only the Bid Form included with the Bidding Documents shall be used. Bidder shall not add any conditions orcua|ifying statements{o the Bid, 13.02 All blanks on the Bid Form shall be completed by printing in ink and the Bid signed in ink, Erasures or deletions shall be initialed in ink byperson signing the Bid Form. A Bid price shall be indicated for each section, Bid item. AJbarnaha, adjustment unit price item and unit price hem listed therein. A. If the Bid Form expressly indicates that submitting pricing on e specific Alternate item is optional, End Bidder elects to not furnish pricing for such optional AWamaha item, then Bidder may enter the words "No Bid" or"Not app|icab|e" 13,03 A Bid by acorpmnshon shall be executed in the corporate name byacorporate officer(whose tide must appear under the signature) accompanied by evidence of authority ho sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature, 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signoture), accompanied by evidence of authority to sign. The official address of the partnership shall beshown. 13.05 A Bid by a |imAod liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the offinLu| address of the firm must beshown. 1106 A Bid byan individual shall show the Bidder's name and official address, 13.07 A Bid by ojoiqt venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture must be shown. 13.08 Bids that are signed by an attorney-in-fact for corporations, partnerships, limited liability componien, imdividua|s, or joint ventures shall have attached thereto a power-of-attorney evidencing authuhtytosign the Bid. 13.09 All names shall ba typed ur printed in ink below the signatures. 1110 The Bid yhe|| contain an acknowledgement receipt of all Addenda; the numbers of which shall be filled in on the Bid Form. 13.11 The Bid nha| contain the full nome, oddreas, telephone number, and e-mail address for uommunioatiowx regarding the Bid. 13,12 The Bid shall contain evidence of Bidders authority and qualifications to do business in the state where the Project is located orcovenant to obtain such qualification in writing prior tnaward of the Contract. Bidder's state contractor license number for the state of the Pnojec1, if any, shall also be shown on the Bid Form. 13.13 Pursuant to |C 4'13'18'5. the Bidder must submit with the Bid awritten plan for a program to test the Bidder's employees for drugs in accordance with the naquinammnhs of |C 4'13'18-6, A contractor that im subject ioa collective bargaining agreement that establishes an employee drug testing program shall only submit a copy of the relevant part of the collective bargaining agreement establishing the program. Failure to submit written plan for an employee drug testing pnzgrsm, or relevant parts of collective bat-gaining agreement establishing an employee drug testing proQrmm shall result in the Bid being rejected eanonresponsive, 1114 Prequo|ifioadon 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 $30Q.00O must bequalified in accordance with |C 5-16'13'10befone performing any Work on the Project. The Bidder shall submit qualification or certification provided by the state thoti\ and all relevant subcontractors have been qualified under |C4'13G~4 or |C 8- 23'10 if the contract io estimated to be at least $300 DOO.OQ." INSTRUCTION TO BIDDERS Donohue &Asoociateu. Inc. 00200-6 sxmenv;pnou/oor?re Project No. 13880,A8 07/12C23 ARTICLE 14—BASIS OF BID 14.01 Lump Sum A. EWddemnhaU submit a Bid on o Lump Sum basis an set forth in the Bid Form. B. [Wocrepanciea between words and figures in the Bid Form will be resolved in favor ofthe words. 14.02 Bidders shall include aneponate price for each Alternate described in the Bidding Documents as provided for iothe Bid Form, The price for each Alternate will be the amount added to or deleted from the base Bid if Owner selects the Alternate. Discrepancies between words and figures in the Bid Form will be nano|vad in favor of the words. 14,03 The Bid Price shall include such amounts as the Bidder cleerns proper for overhead and profit and other expenses on account ofcash a||owanoeo, if any, named in the Contract Documents as provided in Paragraph 13.O2.8. of the General Conditions. 14,04 Basis of Design: A. Unless otherwise indicated, design of this Project is booed upon the material and equipment named first in the list of Supplier's in a3pecification section. Engineer has performed an evaluation of other listed Supplier's material and equipment and has determined it tobeequal in quality, function and performance to that of the Supplier named first, When other Supplier's aire |inted. Contractor may be required to make modifications or adjustments, at Contractor's expanae, to coordinate the installation of the furnished material and equipment with associated elements of Work, such as, but not limited to, piping and electrical oonnecdons, o/ support and mounting provisions. ARTICLE 15—SUBK8/TTAL OF BID 15.01 With each 000y of Bidding Uooumantn, each prospective Bidder isfurnished one copy of the Bidding Documents with one separate unbound copy each of the Bid Form and Bid Bond Form. The unbound copy of the Bid Form in to be completed and submitted with the Bid Security and the other documents required to be submitted Linder 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 Advertisement for Bids and oho|l be enclosed in a plainly marked package with the Project title (and, if app|ioab|e, the designated portion of the Project for which the Bid is submitted), the name and address of Biddor, and shall be accompanied by the Bid Security and other required documents. If Bid is sent by mail or other delivery ayntem, 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 Bida, or not submitted at the correct |ooehnn or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 16'MODIFICATION AND WITHDRAWAL OF 0O 1601 A Bid may be withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be Submitted prior to the date and time for the opening of Bids. Upon receipt of Such notice, the unopened Bid will be returned to the Bidder, 10.02 If a Bidder wishes to modify its Bid prior to Bid opening. Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a now Bid prior to the date and time for the opening ofBids, Donohue &Associateu. Inc. INSTRUCTIONS TO BIDDERS ProjectNo. 13860-AE 002007 Em+/a/rvrPvoo1smz7u 071121'23 1&03 If within 24 hours after Bids are opened any Bidder files e duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Hid, and the Bid security will be returned. Thereafter, if the Work in re-bid, that Bidder will be diaque|ifiodfnz,m further bidding the Work, ARTICLE 17—OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non~euponoive, read aloud publicly. An abstract ofthe amounts of the base Bids and major Alternates, if any, will be made available to Bidders after the opening of Bide. ARTICLE 18— BIDS TO REMAIN SUBJECT TOACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Advertisement for Bids, but Owner may, in its sole disoretion, release any Bid and return the Bid Gmuuh\y prior to the end of this period. ARTICLE 19— EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bida, including without |imitation, nnnconfomnimg, nonrenponsive, unbaianced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and eva|uadon, to not be responsible. If Bidder purports to odd terms or conditions to its Bid, takes exception to any provision of the Bidding Documonto, or attempts k»alter the contents of the Contract Documents for purposes of the Bid. then the Owner will reject the Bid as nonresponsive. The Owner also nanomeu the right to waive all minor infumno|/don not involving price, time, or changes in the Work. 13.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all. Bids in which that Bidder has an interest. 19.03 Evaluation ufBids A. In evaluating Bids Owner will consider whether or not the Bids comply with the prescribed vequinsmenta, and such A|temetes, unit prices and other data, as may be requested in the Bid Form or prior to the Notice ofAward, B. In evo|uming Biddem. Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Suboontroctors. Suppliero, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontnaotors. Suppliers, and other individuals or entities must be submitted as provided in the Bidding Documents, 10.04 Owner may conduct such investigations an Owner deems necessary to establish the maponuibi|ity, qua|ificohons, and financial ability of Bidders and any proposed Subcontractors, or Suppliers. 19.05 In evaluating Bids for lowest Bid price, Owner will consider the Lump Gum Bid Price without regard to Alternates, if any. 18�06 If Owner awards the contract for the VVodh, such award shall be to the responsible Bidder submitting the lowest Bid price. INSTRUCTION TOBIDDERS Donohue & Aanociatem. Inc. 00208'8 exmo|T'A.Page zuv'u7o Project No. 13860,A8 O7/12/23 ARTICLE 2O—CONTRACT SECURITY AND INSURANCE 20,01 Article G of the General Conditiona, as may be modified by the Supplementary Condhionu, seta forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement toOwner, it must be accompanied by such bonds and insurance documentation. ART|CLE3i —SIGNING OFAGREEMENT 21.01 When Owner gives a Notice ofAward to the Successful Bidder, it will be accompanied by the required number of unexeouted counterparts of the Agreement with the other Contract Documents, which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required bonds and certificates or policies of insurance an required by the Supplementary Conditions. Within 10 days thereafter. Owner ohe|| deliver one fully executed counterpart of the Agreement to the Successful Bidder and Engineer, together with printed and electronic copies of the Contract Documents as stated in the Genena| Condftiona, ARTICLE 2%—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 7.10 of the Supplementary Conditions for additional information. ARTICLE 23—VVAGERATES 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 pnojao<a. including this Pnoject, by the Contractor and all subcontractors. ARTICLE 30— E-VE-4FY CERTIFICATION 26�01 Pursuant to Indiana Coda 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. 26.82 The individual person(a) executing this Propouo|, being first duly sworn, depose(x) and state(o) that the Bidder does not knowingly employ an unauthorized alien. The undersigned further affirms that, prior to entering into an agreement for this 8id, the undersigned business entity will enroll in and agrees to verify the work eligibility status of all its newly hired employees through the E4/ehfy program, 26.03 Pursuant to Indiana Code 22-5-17'11.1 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 E4/erify Program that it is currently enrolled in the Program An example of oonfinnegion is the confirmation e-mail received from E'Verifythat the Contractor has successfully enrolled /nE'Vedfy, END OF INSTRUCTIONS TO BIDDERS Donohue &A000niatea Inc. INSTRUCTIONS TOBIDDERS Project No. 13860+\8 00200'9 EXHIBIT 'A'pan*o1 oro/n BID FORM EXHIBIT'N Page 23 of 278 07/12/23 BID FORM TABLE OF CONTENTS ARTICLE PAGE NO. 1 BID RECIPIENT.. -- ............ ....... ---------- ........... 00411'2 2 BIDDER'S ACKNOWLEDGEMENT- ---........ -- ......... --......... 00411'2 3 BIDDER'S REPRESENTATIONS... ---------- 00412-2 4 B|DOER'SCERT|F|CAT|{)N--------------- .... .....----- 00411-4 5 BASIS DFB|D— '------------------------' 00411-4 6 TIME OF CO[NPLET|ON----- ...... --.........------------' 00411'5 7 ATTACHMENTS TO THIS BID --- 00411~5 8 DEFINED TERMS—'---........ --------------....... ---- 00411-5 S BID SUBMITTAL............ ----- ....................— ...... --------- 00411'6 Donohue &Aea000hes. Inc. BID FORM Project No. 13860-AS ExH|e/rvv Page o»mz/o 00411'1 O7/12/25 BID FORM BIDDER (oome—typed mprinted) PROJECT IDENTIFICATION: R|CHM0ND SANITARY DISTRICT VVM. E, RDSS WASTEWATER TREATMENT PLANT CONCRETE AND TUNNEL REPAIRS (A8) R|CHW1ONU. |NOiANA PROJECT NUMBER: 13860-A8 ARTICLE — BID RECIPIENT THIS BID |S SUBMITTED TO: Richmond Sanitary District 238O Liberty Avenue Richmond, Indiana 47374 1.01 The undersigned Bidder proposes and aQnaea. if this Bid in accepted, to enter into en Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—BIDDER'S ACKNOWLEDGEMENTS 2,01 Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders. including without limitation those dealing with the disposition of Bid security. Bidder has not added any conditions or qualifying statements to the Bid, The Bid will remain subject to acceptance fcrthe bid withdrawal time stated in the Advertisement for Bido, or for such longer period uf time that Bidder may agree to in writing upon request of Owner, Bidder will sign and deliver the required number of counterparts of the Agreement with the Bondn, evidence of insurance ooverage, and other documents required by the Bidding Requirements within 15 days after the date nf Owner's Notice ofAward. ARTICLE 3— BIDDER'S REPRESENTATIONS 101 In submitting N`io Bid. Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Oooumenhs, the other related data identified in the Bidding Doouments, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date BID FORM Donohue &Asaooiotea. Inc. 00411-2 EXHIBIT'A'rage cs»'cra Project No. 13860-A8 ' � B. Bidder has visited the Site and become familiar with and is satisfied ouk/ the general, local and Site conditions that may affect cost, prugresu, and performance of the Work. C� Bidder is familiar with and is satisfied as to all fedona|, state and local Laws and Regulations that may affect cost, progress and performance of the Work, D. Bidder has carefully studied all: (1) reports of explorations and test of subsurface conditions ator contiguous 0othe Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Fooi|iden), if any, that have been identified in Paragraph 5.03 of the Supplementary Conditions an containing, reliable Technical Data. and (2) reports and drawings of Hazardous Environmental Condidono, if any, at the Site that have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable Technical Data. E. Bidder h2s considered and correlated the information known to the Bidder: information commonly known to bidders doing business in the locality of the She; information and observations obtained from visits to the Site; the Contract Documents� an all additional or supp|emo,ibary examinodona, investigskiono, exp|orations, temts, studies, and data with respect to the effect of such infunnodon, obsemadons, and documents on (1) the nost, prognaoa, and performance of the Work: (2) the memna, methoda, teohniques, aequences, and procedures of construction to be employed by Biddar, including any specific meunu, mothodo, teohniques, oequonuea, and procedures of construction expressly required by the Contract Documents; and (3) Bidder's safety precautions and programs. F� Bidder does not consider that any further examinations, inveohgahone, exp|oradona, tos1n, ntudien, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the BiddingDocuments. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. K Bidder has given Engineer written notice of all oonf|iota, errorn, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. | The Bidding Documents one generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is Submitted. J� The submission of this Bid oonmdtu0ax an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. Donohue &Anaooiates. Inc, BID FORM sxmmT'x'pnno zr vruro 00411 3 Proiec� No� 138GO+\B O7/12/23 ARTICLE 4— BIDDER'S CERTIFICATION 4V Bidder further represents that: A� This Bid is genuine and not made in the interest oforun behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or m|ea of any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or au|iuhed any other Bidder to submit afalse or sham bid; C. Bidder has not solicited or induced any individual or entity tu refrain from bidding; and O. Bidder has not engaged in conopt, fnaudu|ent, ooUuoive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4D1,D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely-o influence the action of public official in the bidding process; 2- "fraudulent practioe" moona an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at ortific'o--| non-competitive levels, or (u) to deprive Owner nfthe benefits of free and open competition; 3i "Collusive practice" means a scheme or arrangement between two ormore Biddecs, wfth or wimout the knowledge of Owner, purposes of which is to establish bid prices at artificial, non-competitive levels: and 4� "coercive pnsctioe" means harming or threatening to hamn, directly or indiracdy, persona or their property to influence their participation in the bidding process or affect the execution of the Contract. ARTICLE 5— BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price: LUMP SUM BID PRICE (words) (figures) A, ALTERNATES: Include the following ahemahaa as described in Section 01230: Alternate 1 — Coating of Tunnel No. 2 ((]|d Compressor Building to Digestion Building) Add: Dollars (words) � (figures) ( BID FORM Donohue &Associates, Inc. 00411-4 e»:/o/rvvpao*zoof 27e Project No. 1386Q,48 07/12/23 _ r Alternate 2— Coating of Tunnel No. 1 (Primary Clarifiers to Old Compressor Building) Ad d: (words) Dollars ARTICLE G—TIME OFCOMPLETION 8,01 Bidder agrees that the Work will be substantially completed and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6,02 Bidder accepts the provisions of the Agreement eato liquidated damages in the event of failure to complete theyVork within the Contract Times. ARTICLE 7—ATTACHMENTS T0 THIS BID T01 The following documents are attached to and made a condition of this Bid: A. Required Aid security in the form uf_ (Certified Check orBid Bond) in the amount of (Dollars o,Percent mLurnp Sum Bid Price) B� List of proposed Subcontractors having o direct contract with the Contractor, The Subcontractor listing ia included at the end of this Bid Form. C, Required Bidder qualifications statement with supporting data (Indiana Form 96) D. Affidavit cfNonreeponnibi|ityao found in Section 8U3OO. E� Affidavit Regarding Nepotism aa found in Section 003OO. F. Affidavit Concerning Employment of Unauthorized Aliens as found in Section 00300. & VVh8en Plan for Company Drug Testing Policy in accordance with requirements of |C4-13' 1H-G. H, Contractcr's Prequalification Certificate in accordance with IC 5-16-1 3-10� ARTICLE 8— DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. Donohue &Associates, Inc. BID F[)RK8 Project No. 18DOO~A2 s»nmnvv Page uewzm 00411'5 O7/12/23 ARTICLE R— BID SUBMITTAL SUBMITTED ON . 20 State Contraopor License No. (If applicable) If Bidder is: An Individual Name (typed mrphnted): By: (SEAL) (|ndividua|'osigna\ure) Doing business as: Business address: _ � Phone No.: FAX No.-, APartnemhip PnrtnerhipNane� (SEAL) By: (Signature of genera| partner—attaohevuemceofeuthority to sign) Name (typed orphnhad): Business address: Phone No.: _ FAX No.: ACorporation Corporation Name: (SEAL) State ofIncorporation: Type ( }enerail Business, Professional, Semice, Limited Liability): By: (Signature—attach evidence of authority Vzsign) Name(typed m, phnVad): _ Title: (CORPORATE SEAL) (Signature of Corporate Secretory) BuaineosAddkeaa: Phone No: _ _ _ FAX No,: _ . Date ofAuthchzabon8odm business is 8|D FORM Donohue &A000ciateo. Inc. 00411'6 ex*|s|rvv Page nom27a Project No. 13880-A8 O7/12/23 A Joint Venture Name of Joint Venture: First Joint Venturer Name: (SEAL) By: (Signature ofjointventurepartner—attau evidence ofauthority to sign) Name (typed orphnhad): Tide Business address: Phone No.: FAX No.: Second Joint Venturer Name: (SEAL) By: (-':ignatureof joint venture partner—attochevidenceofeuthohty to sign) Name (typed orphrded): Title: Business address: Phone No.: FAX No.: Phone and FAX Number, and Address for receipt ofofficial communications: (Each joint venturer must sign. The manner ofsigning for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) Donohue &Assooiates. Inc. BID FORM Project No, 138SU+4O ex*/mT'*'Page o1 »fcr» 00411-7 U7/12/Z3 SUBCONTRACTOR LISTING The following ine |iohmgof proposed Subcontractors having a direct contract with the Contractor. 1. _ — 4. 5. 6 7. 8, 9. 1O� 11� 12� 11 BID FORM Donohue &Associates, Inc. 00411'8 exmo/Tn Page azmzre Project No. 138SO`A8 O7/12/23 BID BOND EXHIBIT'A Page 33 of 278 07/12/23 BID BOND (PENAL SUM FORM) Bidder Surety Name: [Full formal name of Bidder] Name: [Full formal name ofSurety] Address (principal place nfum/no` : Address(pmvcipo/nlao,n/hu`ineo): � [Address of Bidder's principal place of business] [Address ofSurety's principal place of business] � Owner Bid Name:� [Full formal name ofOwner] Project(nomc and mmuoo � ,� � Address(principal place of business): (Owner project/contract name, and location of � [Address of Owner's principal place p|ace of business] � Bid Due Date: [Enter date bid is due] Bond Penal Sum: [Amount] � Date ofBond: [Date] � � Surety and Bidder, initencling to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond tubedu|yexecutedbyanauthorizedo�icer, a�ant' orrep,esentative� - ___� � Bidder Surety � (Full formal name nfBidder) (FuVfonnn/name cfsurety)(corporate sevV � By: By: (Signature) (Signature)(Attach Power n/Auumey) Name: Name: � (Printed ortyped) (Printed u,typed) � Title: Tide: _ � � Attest: Attest: _ _ (Signature) (Signature) � Name: Name: (Printed or typed) (Printed mtyped) � Title: Title: � ____ ________- motec(1)mote:Addresses are unbeusedfox giving any required notice. (2)Provide execution uy any additional parties,such as joint venturers,if necessary. - ---- ---- ---------- cJcocgc'4so'Bid Bond(Penal Sum pv,m). Copyrightc 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page zmz sxx/B/T'A'Page nnorzm O7/12/23 I. Bidder and Suretyjoint|y and severally, bind themselves,their lie irs, executors,ad mini strotors,successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum isthe extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond will beOwner's sole and exclusive remedy upon default uf8iJder. 2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. I This obligation wi| be null and void if: 3.1. Owoeraccep-s Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extamsion thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Docunnents and any performance and payment bonds required by the Bidding Documents,or 32� All Bids are rejectodby owner, or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required hy Paragraph 5hereof). 4. Payment under th s Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness' identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any tir-ne extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including emendmms does not in the aggregate exceed 120days from the Did due date without Surety's written consent. 6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph above is received by Bidder and Surety' and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located. D. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered orcertified mail, return receipt requested' postage pre-paid, and will be deemed tmbe effective upon receipt by the party concerned, 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby, IO. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted frorn this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute,then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. II. 'The term "Bid" as used herein includes a Rid, offer, or proposal as applicable. --- .............. EJcoc°C-4so'Bid Bond(Penal Sum pp,m). Copyrightm 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers.All rights reserved. Page zofz cx*m|Tvv Page,noorou O7/12/23 NOTICE OF AWARD EXHIBIT'A Page 37 of 278 07/12/23 N0TICE01IF AWARD DATED: TO: � CONTRACT: Richmond Sanitary District Wm. E. Ross Wastewater Treatment Plant Concrete and Tunnel Repairs (A8) Richmond, Indiana You are notified Ulal Owner has accepted your Bid dated [date]for the above Conhacf, and that you are the Successful Bidder and are avvan1od a Contract for: [Describe Work, alternates, qr sections of Work awarded] The Contract Price of your Contract is Dollars Three copies,of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or mode available to Bidder electronically.. Additional eato 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 isby 1. Deliver to the Owner three fully executed counterparts of the Agreement, signed by Bidder(as Contraotor) 2. Deliver with the signed Agreement the Contract security (Bonds) and insurance documentadon, as specified in the Instructions to Bidders (Article 20) and General Conditions (Article 6). 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, Donohue &Aanociates. Inc. NOTICE OF AWARD Project No. 13880+48 exmo|Tvxpomeneorz/a 00518'1 V7/12/23 Within 10 days after you comply with the above conditions, Owner will return to you one fully executed counterpart of Agreement. Richmond Sanitary District (OWNER) (AUTHORIZED SIGNATURE) (TITLE) Copy: Engineer NOTICE OF AWARD Donohue &Associates, Inc, 00510-2 EXHIBIT'N Page 40 of 278 Project No, 13860-A8 07/12/23 AGREEMENT EXHIBIT'N Page 41 of 278 07/12/23 AGREEMENT THIS AGREEk8ENTieby and between (hereinafter called Owner) and (hereinafter called Controctor) Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 —WORK 1.01 Contractor shall complete all Work an specified or indicated in the Contract Documents. The Work io generally described aofollows: Foam injection grouting, concrete repair, and coating (if the alternate in accepted) of existing concrete structures and below grade concrete tunnels within the following structures at the VVmn. E. Ross Wastewater Treatment Plant: 1� Old Lab Building (Structure No, 201) 2. Rect Prim Clarifier 5-G'7 Overflow Structure (Structure 2308) 3. Aeration Basins (Structure 311) 4. Tunnel No. 1 (Structure No. 815) 5. Tunnel No. 2 (Structure No. 748) ARTICLE 2—THE PROJECT 2�01 The Project for which the Work under the Contract Documents may be the whole or only a port is generally described aafollows: Richmond Sanitary District Wm. E. Ross Wastewater Treatment P|ork Concrete and Tunnel Repairs 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 osOwner's representedve, assume all duties and naopons/bi|ihea, and have the rights and authority assigned to Engineer inthe Contract Documents in connection with the oomp|etionof the Work in accordance with the Contract Documents. ARTICLE 4— CONTRACT TIMES 4.01 Time ofEssence A. All time limits for Milestones, if any, Substantial Comp|edon, 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 180daya after the date when the Contract Times commence to run as provided io Article 4 of the Ganons| Condidons, and completed Donohue &Associates, Inc. AGREEMENT �xn|an'�'po«e*o v rzrn 0O521 1 Project No. �38GU+48 _ 07/12/23 and ready for final payment in accordance with Article 15 of the General Conditions within 225 days after the date when the Contract Times commence borun, 4.03 Liquidated Damages A, Contractor and Owner recognize that time is of the essence as stated in paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed and Milestones not achieved within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expenso, and difficulties involved in proving in a legal or arbitration proceeding that actual |oeu suffered by Owner if the Work is not completed on time, According}y, instead of requiring any such proof. Owner and Contractor agree that as liquidated damages for delay (but not as a penalty). 1. Substantial Completion: Contractor shall pay Owner $250 for each day that expires afrr the time (as duly adjusted pursuant to the Contract) specified in Paragraph 402.Aabove for Substantial Completion until the Work iu substantially complete. Z Completion of Remaining Work: After Substantial Comp|edon, if Contractor ehoU neg|ect, nsfuoe, or fail to complete the remaining Work within the Contract Time (ma duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Qwmer $25O for each day that expires after such time until the Work in completed and ready for final payment. 3. Liquioetad damages for failing to timely attain Sobntendm| Completion and final ommpedon are not additive and will not be imposed concurrently. ARTICLE 5—CONTRACT PRICE 501 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents am amount in current funds aufollows: (� ) (words) (figures) 5�02 Owner aoompt:s/nejecto the following alternates as described in Section O1 23OO and indicated on the Bid Form: A. Accept/Reject Ahamaha 1: Coating of Tunnel No. 2 (Old Compressor Building to Digestion Building) B� Accept/Reject AJtemoba 2: Coating of Tunnel No. 1 (Primary Clarifiers to 0d Compressor Building) ARTICLE G—PAYMENT PROCEDURES 6�01 Submittal and Processing ofPayments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6�02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment. All such payments will be measured by the Schedule Of Values established an provided in the General Conditions (and in the case of Unit Phece AGREEMENT Donohue &Associatea. Inc. 00521-2 s»ma/Tv'Page 44mz7 m Project No. 13860`A8 07/12/23 Work basied on the number of units completed) or, in the event there is no Schedule of Ve|uen, as provided elsewhere in the Contract. B� Prior to Substantial Comp|edon, progress payments will be made in an amount equal to the percentage indicated below but, in each case, |enn the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Article 15 of the General Conditions: 1� 9096 of Work completed (with the balance being nstainage). If the Work has been 50"/0 completed as determined by EnQineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer. Dwner, on recommendation of Engineer, may determine that an long as the character and progress of the Work remain satisfactory to them, there will be no additional mtainoye on account of Work subsequently uomp|eted, in which case the remaining progress payments will be in an amount equal to 100Y6 of the Work completed less the aggregate of previous retainoge and payments previously made. At 50% oomp|edun, or any time thereafter, when the character and progress of the Work is not nabsfactory, additional amounts may be retoined, but in no event shall the tcde| neteinage be more than 1096 of the value of the Work completed. C. Upon Substantial Comp|etion, the amount of retainage may be reduced. Upon Substantial Completion' Owner may make additional poymento, retaining at all times an amount sufficient tn cover the estimated cost of the work still tobe completed orcorrected, 6�03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Article 15 of the General Conditions, Owner shall pay the remainder ofthe Contract Price as recommended by Engineer asprovided in oaidArtic|e15, ARTICLE 7—INTEREST 7�01 All amounts not paid when due as provided in Article 15 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the project. ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractcr has examined and carefuUy studied the Contract Documents and the other related data identified io the Bidding Documents. B� Contractor has visited the Site, conducted o thorough, alert visual examination of the Site and adjacent aneaa, and become familiar with and is satisfied as to the general, |000|. and She conditions that may affect ooaL progreon, and performance of the Work C� Contractor is familiar with and is satisfied on to all federal, state, and local Laws and Regulations that may affect mzs!, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface mr subsurface structures at the Site that have been identified in the Supplementary CondiUons, especially with respect hoTechnical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Cunditiono, if any, atoradjacent Donohue &Associates, Inc. AGREEMENT Project No. 13860f\B EXHIBIT'A'Page 4nwzre OQ521'3 O7/12/23 to the Site that have been identified in the Supplementary Conditions, especially with respect ho Technical Data in such reports and drawings. E� Contractor has considered and correlated the information known to the Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and all -"Sditiona| or supplementary examinahonn, investigadona, exp|oradono, testo, utudies, and data with respect to the effect of such infonnadion, oboemsdionn, and documents on (1) the oosL, pnognaaa, and performance of the Work; (2) the moonn, methoda, techniquee, oequenoeo, and procedures of construction to be employed by Contnacbor, including any a9eoihonr�eana. methmjs, techniques, oequences, and procedures ofconstruction expressly required by the Contract Documents: and (3) Contractor's safety precautions and programs. F. Contractor does not consider that any further oxominadnno, invoohgadona, exp|oradoma, testo, studieo, o/ data are necessary for the performance of the Work at the Contract Price, within the, Contract Timeo, and in accordance with the other henno and conditions of the Contract Documents, G. Contracto-is aware of the general nature of work to be performed by Owner and others at the Site that relates 8o the Work as indicated in the Contract Documents. H. Contracto- has given Engineer written notice of all conOictu, errors, ambiguitiea, or dUourepanmieo that Contractor has discovered in the Contract Documente, and the written resolution thereof by Engineer|nacceptable to Contractor. |� The Contract Documents are generally sufficient to indicate and convey understanding nfall terms and conditions for performance and furnishing of the Work. J. Con|racto/n entry into this Contract constitutes an incontrovertible representation by Contrador that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents, ARTICLE S—CONTRACT DOCUMENTS 9.01 Contents A, The Contract Documents consist of the following: 1, This Agreement (pages OO5213'1 to . inc|uoiv*)� Z Performance Bond Form (pogeaOOG1U'1 toOOS1O-4. inclusive); 3� Payment Bond Form (pagaaOOG151 to 006154. inclusive); 4� Gene-al Conditione, not attached hereto(pages OU7DO'1 to 00700'70. inclusive); 5 Supplmmentsry CondiUunn, not attached hereto (pages 00800'1 to 008300- ' indu-�v*); G� Gpecticmdonaoo listed in the table of contents of the Project Manua|� 7, Unawinga, not attached hensto, consisting of a cover sheet and sheets numbered 1 thrcugh . ino|uoive, with each sheet bearing the following general title: Wm. E. Ruoa Wastewater Treatment Plant Concrete and Tunnel Repairs ( \8) & Addenda (numbers 1 to ^ inclusive)" 9. Exhibits to this Agreement(enumerated asfoUowa): AGREEMENT Donohue &Anuooietes, Inc. 00521'4 s:mB|r'A c'p*n�*s»' /a Project No. 13860,48 07/12/23 o� Exhibit A: Documentation ouhmhhad by Contractor prior to Notice of Award (pages__ to . inclusive) 10. Federak State, and Local Forms; 11. Documents in the Appendix; 1Z The following which may be delivered or issued on or after the Effective Oaha of the Agreement and are not attached hereto: a, Notice toProceed� b� Change Orders; o. Work Change Directives; d. Field Orders; e. Engineer's written interpretations and clarifications. B. The docurnento listed in Paragraph 9.01A are attached to this Agreement (except as expressly noted otherwise ebove). C. There are no Contract Documents other than those listed above in this Article 9. O. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE YO—MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions and Supp4ymentoryConditions. 10.02 Assignment cfContract A. Unless expressly agreed to elsewhere in the Contraot, 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 tothe 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 aneignment, 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 itue|f, its partnero, nuooesnoro, assigns, and legal representatives to the other party hemto, its partners, auouenoorn, assigns, and legal representatives in respect to all oovenanto, ogreemento, and obligations contained in the Contract Documents. 10.04 SevorobiHh/ A. Any provision or pad of the Contract Oncunnan10 held to be void or unenforceable under any Law or Regulation ahoU be deemed strioken, and all remaining provisions shall continue to be Donohue&Aaaociates^ Inc, AGREEMENT �xx/o|T'a'p ao°�r v r�ra O052� 5 Project No. 1386O�48 mdkd and binding upon Owner and Contractor, who agree that the Contract Documents shall be refonnied to replace such stricken provision or part thereof with a valid and enforceable provision that comes as domo an possible to expressing the intention of the stricken provision. 10.05 Contructor'nCerifimsdono A. Contractor certifies that it has not engaged in corrupt, fnaudu|ent, ooUuoive, or coercive practices in competing for or in executing the Contract, For the purposes of this Paragraph 10.05: 1. ^oo/n4pt practice" means the offaring, giving, naueiviog, 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; Z "fraudulent pnactice^ means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment ofOwner, (b) to establish Bid or Contract prices at artificial non-competitive |eve|o, or to deprive Owner of the benefits of free and open competition; 3� "collusive practice" meonse scheme or arrangement between two ormore Biddern, with or wiNhout the knowledge of [)wmer, a purpose of which is to establish Bid prices at artifid,ul. non-competitive levels; and 4, "coercive practice" means hanning or threatening to hann, directly or indinaudy, persons or their property to influence their participation in the bidding process or affect the execution of the Contract, (Continued On Next Page) AGREEMENT Donohue &Aanoniates. Inc. 00521'6 exH|ann Page*oo/zro Project No. 13860-48 87/12/23 IN WITNESS WHEREOF, Dwnar, and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Dwmer. 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 Agremment). OWNER: CONTRACTOR: � By: By: (signature) (signature) (typed name and title) (typed name and title) Attest Attest (signature) (signature) Address for givingnodoes: 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 (|f Contractor is a corporation or a partnership, (attorney for Owner) attach evidence of authority {oaign.) Countersigned by: Comptro|er (or other designated official) Donohue &Associates, Inc. AGREEMENT sxman�'� *nmzru 00521 7 Pn��No� 138SO+49 »o« U7/12/23 OeoignohadRepnsaen:ativec Designated Representative: Name: Name: Title: _ Title: Address: Address: Phone: Phone: Email: Email: AGREEMENT Donohue&Associates, Inc. 00531-8 s»n/mTvv Page»»of 2/8 Project No. 13860`A8 07/12/23 NOTICE TO PROCEED EXHIBIT'A Page 51 of 278 07/12/23 NOTICE TO PROCEED DATED: TO: CONTRACT: Richmond Sanitary District VVm. E. Ross Wastewater Treatment Plant Concrete and Tunnel Repairs Richmond, Indiana Owner hereby notifies Contractor that the Contract Times under the above Contract will commence torun on On that date, Contractor shall start performing its obligations under the Contract Documents, No work shall be done prior to such datm, without written approval from the Owner. In accordance with the Agreement the date oJ Substantial Completion io and the date of readiness for final payment iu Before starting any Work atthe Site, Contractor Must comply with the following: Richmond Sanitary District (OWNER) (AUTHORIZED SIGNATURE) (TITLE) Copy: Engineer Donohue &AoaocatEm Inc. NOTICE TO PROCEED Project No. 1386U'A2 exme|Tv,Page samz7o 00550-1 U7/12/23 PERFORMANCE BOND EXHIBIT'A'Page 55 of 278 07/12/23 PERFORMANCE BOND Contractor Surety Nome: [Full formal mame of Contractor] Name: [Full formal name of Surety] Address(pnwupmploo,pf*u`mpss): Address(principal place nfousineu): [Address of Contractor's principal place of [Address of6urety's principal place nfbusiness] business] � � Owner Contract � Name: [Full formal mameofOwner) Description (name and mmuon): � Mailing address(principal p/oc n/hv-sinro): [Owne/s project/contract name, and location of the project] � [Address of Owner's principal place ofbusiness] Contract Price: [Amount from Contract] Effective Date of Contract: [Date from Contract] Bond Bond Amount: [Amount] Date of Bond: [Date] (Date uy Bond cannot bvemle,mon Effective Date n/Contract) Modifications to this Bond form: O None O 5*:ParoAmphl§ Surety and [untractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, dc each cause this Performance Bond to be duly executed by an authorized officer, agent, orrepresentatixe. � Contractor asPriodpa/ Surety � � (Fux/*nnv/nimcofContractor) (Fuxyunno/name cf Surety)(corporate seal) By: _ By: (Signature) (5ignpwne)(Aupc powcro/Anncney) Name: Name� - - - /printcdvrtn,00y (Printed urtyped) Title: Title: Attest: Attest: _ ---- (Signature) (Signature) � Name: Nome: � (Printed mtyped) (Printed ortyped) Title: Title: Notes:(1)provide supplemental execution by any additional parties,such asjoint venturers,(2)Any singular reference m Contractor, » � svrr� Vwn� or"mcrponvucon,/dc/rdp/vw /,/= ,,ou�v//cvw �� ocmc°c'szo'Performance Bond. CopyrightmZMB National Society of Professional Engineers,American Council of Engineering Companies, and American Society ofovi|Engineers.All rights reserved. Page z^,o sxn/a/T'x'Page orofcrx 07/12/23 l. The Contractor and 5umty, jointly and severally, bind themselves, their heirs' executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein byreference. Z. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 1 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond will arise after: ll. The Owner fi,st provides notice tothe Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. if the Owner does riot request a conference,the Surety may, within five (5) business days after receipt of tFe Owner's notice. request such a conference. If the Surety timely requests a conference' the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (lO) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree' the Contractor shall be allowed a reasonab|etime to perform the Construction Contract, but such an agreement does not waive the Owner's right if any, subsequently to declare a Contractor Default; 3.2. The Owner c6eclares a Contractor Default,terminates the Construction Contract and notifies the Surety; and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contractto the Surety orto a contractor selected to perform the Construction Contract, 4. Failure on the port of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure tn comply with a condition precedent to the Surety's obligations, or release the Surety from its ob|iKations' except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3' the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the [onstructio-i Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independurtcontractoo; 53. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner fora contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner asa result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: cJcocwc'»1u'Performance Bond. copv,iumw zozo National sudery of Professional Engineers,American cnvnco v/Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page zu,x sx*/o|T'a'pnoe so o,zra O7/12/23 5.4�1 After investigation, determine the amount for which it may be liable io the Owner and, as soon as practicable after the amount is determined, make payment to the Owner;or E4] Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness' the Surety shall be deemed to be in default an this Bond seven days after receipt of an additional written notice from the Ownertothe Surety demanding that the Surety perform its obligations underthis Bond,and the Owner shall be entitled to enforce any remedy available tothe Owner. If the Surety proceeds as provided in ParagrapbS.4' and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, vAthout further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety e|ects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the [mngLruchor[ontract; 7.2. additional |w�:ai design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 73. liquidated damages, orifno liquidated damages are specified in the Construction Contract, actual clarnages caused by delayed performance or non-performance of the Contractor. 8. if the Surety elects to act under Paragraph 5.1,5.3,or 5.4,the Surety's liability is limited to the amount of this Bond. 9� The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or,entity ozherthan the Owner orits heirs, executors, administrators, successors, and assigns. IO. The Surety hereb� waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts' purchase orders, and other obligations. lL Any proceeding' legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default orwithin two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law,the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice tu the Surety,the Owner, or the Contractor must be mailed or delivered to the address shown on the page onwfiich their signature appears. 13. When this Bond has been furnished to comply with a statutory orother legal requirement in the location where tVeconstruction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such ______ ococ°c'ozu Performance Bond. Copyright�2M8 National Society of Professional Engineers,American Council of Engineering Companies, and American Society o,civil Engineers.All rights reserved. Page 3u,o Exn|an'A'Page oyufz7u 07/12/23 statutory or other legal requirement will be deemed incorporated herein, When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Definitions I4I Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor isentitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, 14I Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made tothe agreement and the Contract Documents. 14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or o-.herwise to comply with a material term of the Construction Contract. 14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Dociuments—All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is iSSUE,d for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term owner will be deemed to be Contracto,. IG. K4odificadonstothis8ondareasfoUows: [Despibemodificadonorenter"None"] ococ11 C-6u0,Performance Bond. Copyrightm 2M8 National Society of Professional Engineers,American Council of Engineering Companies, and American Society mr Civil Engineers.All rights reserved. Page o*ro sxme/T'x'Pvoeoonrcra O7/12/23 PAYMENT BOND EXHIBIT'N Page 61 of 278 07/12;23 PAYMENT BOND � Contractor Surety � � Name: [Full formal name of Contractor] Name: [Full formal name of Surety] Address(principal place v/bmmro): Address (principal place^fbusmos): [Address ofContractor's principal place of [Address of Surety's principal place of business] � business] � Owner Contract Name: [Full formal name mfOwner] Description (nomeand location): Mailing address(p»ncipm/plao,cƒhusmro): � [O»«ne/s project/contract name,and location of [Address of Owner's principal place ofbusiness) the project] Contract Price: [Amount,from Contract] Effective Date of Contract: [Date,from Cvnt,actl � Bond � Bond Amount: [Amount] � Date ofBond: [Date] (Date cf Bond o,n"ntu,pvrier than Effective Date p/Contract) � Modifications to this Bond form: U NoneO �eePara�raphlD � _ Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this � Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or � IeP[�s�entat/ve. Contractor as Princip-� Surety � (Full formal mnmcuf Can tractor) (p*///oonu/o^m~cy Surety)(corporate 5euV By: __ By: _______ (Signature) (Signomre)(xoocomwcrn/Atmmn) Name: Name: (Printed or typed) (Printed or typed) Title: _ Tide: Attest: At�� ______ (Signature) (Signature) Name: Name: (Printed"rtyped) (Printed mtyped) Title: Title: � Notes:(1)Provide supplemental execution by any additionolporties,such osjoint venturers.(2)Anysingular reference to � Contractor,Surety,Owner,or other party b considered p/vm/where applicable. � _ ocnc"c'ozs'Payment Bond. Copyright'2M8 National Society of Professional Engineers,American COUncil of Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page zv,4 sxn/e/r'A'pagesaorzro l. The Contractor and Surery, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. l If the Contractor Promptly makes payment of all sums due to Claimants, and defends, indemnifies' and holds harmless the owner from claims, demands, liens, or suits by any person or entity seeking payment for labor,materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. l If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond wiM arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Paragraph I3) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims,demands, liens, ur suits tn the Contractor and the Surety, 4. When the Owner has satisfied the conditions in Paragraph 3' the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, orsuit. S. The Surety's obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied o/ for whom the labor was done or performed, within ninety (9O) days after having last performed labor orlast furnished materials or equipment included in the Claim; and SIZ. have sent a Claim to the Surety (at the address described in Paragraph l3). 52. Claimants wf)o are employed by or have a direct contract with the Contractor have sent a Clai-n to the SuretV(at the address described in Paragraph 13). 6. |fa notice ofnon'zayment required by Paragraph Sllis given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish awrhten notice of non-payment under Pa/aQraphSIl. 7. When a Claimant has satisfied the conditions of Paragraph5.l or 5.2, whichever is applicable, the Surety shall pnompt|y and at the Surety's expense take the following actions: 7.1. Send an answer tnthe Claimant, with a copy tothe Owner, within sixty (60) days after receipt ofthe Claim,statingthe arnounts that are undisputed and the basis for challenging any amounts that are disouted; and 72. Pay or arrange for payment ofany undisputed amounts. 73. The Surety's failure todischarge its obligations under Paragraph 7.1 or72 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreeme-)t. If, however, the Surety fails todischarge its obligations under Paragraph 7.1 or 72' the Surety shall inden7nify the Claimant for the reasonable attorney's fees the Claimant incurs thereater tu recover any SUMS found tobe due and owing to the Claimant. __ ococ1c'oz*'Payment Bond. Copyright�20F18 National Society of Professional Engineers,American Council of Engineering Companies, and American Society cx Civil Engineers.All rights reserved. Page uo,o sxn|s|T'a'Page s4v,zrn 8. The Surety's total ooligation will not exceed the amount of this Bond, plus the amount of reasonable atto/ne/s fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performawce of the Construction Contract and to satisfy claims, if any, under any construction performamcebond. BytheContractorfurnishingandthe0wneracceptingthisBond, theyag/eethvt all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. IO. The Surety shall no-be liable to the Owner,Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf ofClaimants, or otherwise have any obligations to Claimants under this Bond. II. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. IZ. No suit oraction w 11 be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the --tate in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or(2) on which the last labor or service was performed by anyone or the |astmatera|s or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13. Notice and Claims,to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt ofnotice or Claims, however accomplished, will be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here hom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a cornmon law bond, 15, Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and owner shall promptly furnish a copy of this Bond or shall permit a copy to be made, 16. Definitions 161 [lairn--AvvTitten statement by the Claimant including ata minimum: 161.1. The name of the Claimant; 16I2. The name of the person for whom the labor was done' or materials or equipment furnished; 16I3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 16.I/4. Atrrief description of the labor, materia|s' or equipment furnished; ococ`1c'az5,Payment Bond. Copyright'o 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers.All rights reserved. Page 3u,4 exn/e|T'*'Page non,zro 16l5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction [ontract� 16l6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 15.I.7. The total amountufpns/iouspaympnts /eceivedbytheOaimant; and 16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished asof the date of the C|aim. 16.2. Ooinont--Am individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract, The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond is to include without limitation in the terms of"labor, materials, or equipment" that part of the water, gas' power, light,heat,oil,gasoline,telephone service,or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work o/ the Contractor and the Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished, 163. Construction [ontroct--The agreement between the Owner and Contractor identified onthe cove/ page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Daƒoult--Failure of the Owner, which has not been remedied or waived, to pay the Contractor ats required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Documentz--AU the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will bE deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications to this Bond are as follows: [Describe modification or enter"None"] _____ c/coc°c'szs'Payment Bond. conv,igm*zo«o National Society vvProfessional Engineers,American Council o,Engineering Companies, and American Society v,Civil Engineers.All rights,r,rn'ed. Page 4m4 ExH|B|TW r000esnrzro U7/12M STATE FORMS 1, Indiana FomnSS 2. Affidavit Regarding Nonnauponsihi|ity 3 Affidavit Regarding Nepotism 4. Affidavit Concerning Employment of Unauthorized Aliens 5. E-VerifyCertifiumdon Donohue &Anaociates. Inc. FEDERAL, STATE, AND LOCAL FORMS Project No, 18880+40 Exma|T'a'Page arororm 00300'1 07/12i23 C4' . CONTRACTOR'S BID isFOR PUBLIC WORK - FORM 96 State Form 52414 �2/2-13)/Form 96(Reved 2Q13) Prescribed by State Board of Accounts PART I (To be completed for all bids. Please type or print) Date (month, day, year):__ 1. Governmental Unit (Owner): 2. County 3. Bidder(Firm): Address: City/State/ZlPcode: 4. Telephone Number: 5. Agent of Bidder (f applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of (Governmental Unit) in accordance with plans and specifications prepared by_ and dated for the sum of $ The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). I hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. EXHIBIT'A'Page 69 of 278 07/12,23 ACCEPTANCE The above bid is accepted this day of _.. _...__....._ , subject to the following conditions: Contracting Authority Members: PART II (For projects of$150,000 or more — IC 36-1-12-4) Governmental Unit: Bidder(Firm) Date (month, day, year): These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed, SECTION I EXPERIENCE QUESTIONNAIRE 1. What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Completion Contract Amount Class of Work Date Name and Address of Owner 2. What public works projects are now in process of construction by your organization? Expected Contract Arnourt Class of Work Completion Name and Address of Owner Date EXHIBIT'A'Page 70 of 278 07/12123 3. Have you ever failed to complete any work awarded to you? If so, where and why? 4. List references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enaole the governmental unit to consider your bid.) 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work)that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. EXHIBIT'A Page 71 of 278 07/12/23 1 If you intend to subiet any portion of the work, state the name and address of each subcontractor, equipment tobe used by the subcontractor, and whether you will require abond. However, if You are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on \l-e proposed project - --' — - -- — - ------- - ----- - - ----- ---- --- ----- ---- -- ' -- 4 What equipment do You have available tu use for the proposed project? Any equipment tobe used by nuboontr.�otors may also be required tobe listed by the governmental unit. 5� Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. _ SECTION ||| CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project ifawarded. cxn/B/T'A'Page r2orzro O7/12/2J SECTION |V CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bWdexoragent, being duly sworn on oath, says that he has not, nor has any other memUer, nypneaentatke, or agent of the fimn, company, corporation or partnership represented by him. entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from biddinQ, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference 1osuch bidding. He further says that no person or parnone, fimna, or corporation has, have or will receive directly or indinaot|y, any nebatn, foa, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED |N THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at __thin day of . (Namev/Organization) By (Title o/Person Signing) ACKNOWLEDGEMENT STATE OF ) ) »n COUNTY OF } Before me, a Notary Public, personally appeared the above-named and swore that the statements oontained in the foregoing document are true and correct. Subscribed and sworn to before ma this day of _ Notary Public K8y Commission Expireu:_ _ County ofResidence: EX[ /o/r'A'Page rzoruro O7/12/23 0 0 , R co 5 t -r3 C\I 0 I 7:1 0 i a) CO 1 en F"—. _ > a) 0 rt. (s) 0 E. 0 0 LL LI— CL , ,-- (44 a Ct. (I) LL 0 0 CC L.L. ..7jr c..4 Lt) E 0 ct, a. —I "Fd CO c u) D (L) ...,4 E, CL (13 ..t c co CL -0 0 0 LIT < EXHIBIT'A Page 74 of 278 07/12/23 AFFIDAVIT REGARDING NONRESPONSUBUL|TY Pursuant tm Indiana Code 5_22_1O.5_11. CONTRACTORS who have dealings with the government of Iran, including a successor to, or an affiliate of, the CONTRACTOR are deemed tObe ''NVDroSpOnsiNe " for purposes of: (1) submitting an offer in response to a solicitation; (2) submitting a bid, offer, or proposal relating to m public works project; or (3) otherwise entering into or renewing g contract to provide supplies or services-, with the state or political subdivision. Pursuant to 5'22'16.5'9. the Indiana Department ofAdministration shall develop anc update @ list Of persons the Department determines tObe engaged in investment activities in Iran. The undersigned, On behalf of CONTRACTOR, its successors or affi|iates, being first duly sworn, deposes and states that the CONTRACTOR, its successors oraffiliates are not currently on the list k,ept by the Indiana Department of Administration, and has not engaged in any activity which will cause the CONTRACTOR, its successors or affiliates tobeadded to Said list. Name ufContractor By: (Authorized Representative ofContractor) uoneo: STATE OF ) )SS. COUNTY OF ) Before me, the undersigned a Notary Public in and for said County and State, personally appeared by _ . |\s and acknowledged the execution of the foregoing Declaration. |N WITNESS WHEREOF, | have hereunto subscribed my name and affixed my Notarial Seal this day of 12021, My Commission Expires: Notary Public (Printed Name) A resident of County, Indiana sxmanvv Page rsmzrm O7/12/23 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 77 of 278 07/12/23 AFFIDAVIT CONCERNING EMPLOYMENT OF UNAUTHORIZED ALIENS I am a duly authorized officer of (hereinafter called "Contractor) and I hereby certify that as of the date of this Affidavit, Contractor, does not employ any "unauthorized aliens" as that term is defined in 8 U.S.C. 1324a(h)(3), I AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE, Dated: , 20 Printed Name: 8 U.S.C. 1324a(h)(3) Definition of unauthorized alien As used r this section, the term "unauthorized alien"means, with respect to the employment of ati 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 79 of 278 07/12/23 E-Verify Requirements: Definitions: E-Verify Program----A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the immigration Reform and control Act of 1986 (P.L. 99-603). No performance of set-vices shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 (a)(2); and 3. A purchase order has been issued by the Purchasing Department. •1111101111•MIMMMONIII011614•11,•WOONIMIIII•WIIIIINIONIFIIII•4011111111111111••10111M111•••11,111.111111111111MORIIIIMMI•11 COMPLIANCE WITH INDIANA E-VERY PROGRAM REQUL'. '._;MENTS Pursuant to Indiana Code 22.5.1,7, Contractor is required to enroll in and verify the work eligibility status of all newly hired ployees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of the Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (30)days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty(30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property,the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c)the Contractor will remain liable to the City for actual damages. EXHIBIT'A Paige 81 of 278 07/12/23 Affidavit of Employment Eligibility Verification The Contractor, , affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor his not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code"22-5-1.7, Contractor has enrolled in and verified the workieligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to...the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this day of , 20 . (signature) (printeci name) • • • EXHIBIT'A'Pag e 82 of 278 07/12/23 GENERAL CONDITIONS EXHIBIT'A Page 83 of 278 07/12/23 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared By ,..„ ENGINEERS JOINT CONTRACT DOCU1 ENTS COMMITTEE ACC AMIREC AN CC W,lit 111,flit FMAM VgatIN6(bMPANII S AVEFOCAN SOC1Lre of CIVIL ENGNEEFIS 1NSNATIONAL SOCIETY OF ~ 1 1 c 1 PROFESSIONAL p ENGINEERS Endorsed By 'A to 74(47-2Delp ozoogeriettieez, atom i,Ciaowiede Improving Proloce Oeti'vel EJCDC®C-700,Standard General Conditions of the Construction Contract, Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. EXHIBIT'A Page 84 of 278 07/12/23 [opyhghtmZ0l8 National Society of Professional Engineers 14ZO King Street, Alexandria,VAZ23I4-Z794 (703) 684-2882 wwvvospe.orX American Council of Engineering Companies I0l5l5th Street N.VV,Washington, D[ 20O05 (203) 347'7474 wvyw.acecorp, American Society uf Civil Engineers l8OI Alexander Bell Drive, Reston, V42Ol9I-44O0 (800) 548'2723 vvww,aoe.org The copyright for this E]CD[ document is owned jointly hy the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the E][DC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: E]CD[ pub|icaions may be purchased at moww.eicd.cong, or from any of the sponsoring organizations above. ........ ococ=c-7no'Standard oru,,a|Conditions o,the Construction Contract. c*pv,iunt'o znzm National Society v,Professional Engineers,American coonu|u,Engineering Companies, and American Society ,Civil Engineers.All rights reserved. sxH|en'A'paoeeso/zrn O//12/23 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CON TRACT TABLE 0FCONTENTS Page Article l--Definihnns and Termino|ogy ................. ----........ ----- ............ ...... ...........----...1 1.0I Defined Terms.................. .....—.... — .............—........ ------- ...... ...... .........----........1 1.02 Terminology ... ..... .... ... ...... ................ ........... .... -- ............... ---- ........ .......... ......G ArticleZ--Pne0minaryMatteo-- ............. ................... ............................. ............. ....................----7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance.... ........ -- ........ —'7 2.02 Copies cfDocuments— .............. ................... .... ...........---...... ...... ....... .................... —'7 2.03 Before Starting Construction ..... ....... -- ................ -----------.......... — .......... —'7 2.04 Preoonstn/cthon Conference; DesignahonofAuthohzodRepresentatives---------- 8 2.05 Acceptance cf Schedules .............................. ... —......-- ...... ....— ................ .................... '8 2.05 Electronic Transmittals ....... ........ ......... ............. ......-- ...---.................. ............ ................Q Article 3--[ontnactDocuments: Intent, Requirements, Reume ................................... .................... --..9 101 |ntent— ....... ... .........—.. .......... ..............—.........----....... --- ....... ................9 3.02 Reference Standards....... -------- ...... ----- ........ ............. .............. ---..... --9 3.03 Reporting anJ Resolving Discrepancies ......... ............ ----- ............ ........---.............. IO I04 Requirements of the Contract Documents..... — ...... ------......---- ................... IO ].[B Reuse of Documents-... ........ — ...... ..... ...... ............... -- ............ --................ ............�Il Article 4--Cmmmencenent and Progress of the Work ............. — ........................ .................... ll 4.0I [ommencen'ent of Contract Times; Notice to Proceed.... ............... ........ --................ — Il 4.02 Starting the Work II 4.03 Reference Points....... ........ ----- ...... --........ ............. ................---- lI 4�04 Progress 5chedu|e--... .............. ............. ...... ...... .....— .................................. ........... .....—lZ 4l5 Delays in Contractor's Progress ........ ...—....---.................. ........—........ ... I2 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions 13 5.0I Availability o0 Lands ..................---..... — .................... .......... -------- .................. 'I3 5]02 Use of Site and Other Areas.......................... .............. --- ...........................--- l4 5I8 Subsurface and Physical Conditions,.... --- .......... ........ — ....... ..........................— ..........'I5 504 Differing Subsurface or Physical Conditions.......... ............. .......... .......... —....... I5 EJcmc-c'rm4 Standard General Conditions m the Construction Contract. Copyright'f'2012 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. roc Page zu,s sxH/en'«'Page esofz/a 5.05 Underground Facilities 17 5.06 Hazardous Environmental Conditions a\Site 19 Article 6--Bnnds and Insurance 21 6.01 Performance, Payment, and Other Bonds 21 6.02 Insurance—General Provisions 22 603 Contractor's Insurance 24 6.04 Builder's Kisl, and Other Property Insurance 25 6.05 Property Losses; Subrogation 25 6.06 Receipt and Application of Property Insurance Proceeds 27 Article 7--ContrarLo/sResponsibilities 27 7.01 Contractor's Means and Methods ofConstruction 27 7.02 Supervision and Superintendence 27 7.03 Labor; Working Hours ..... ................................... ............--- Z7 7.04 Services, Mareria|s, and Equipment .........___...-- ..................... ................................. ... �28 7.05 "Or Equals" _-----------------------------------------'Z8 7.06 Substitutes 29 7.07 Concerning Subcontractors and Suppliers 31 7.08 Patent Fees and Royalties 32 7.09 Permits 33 7.I0 Taxes 33 7.11 Laws and Regulations.......... ............. .......... --........................------- ........ -----]3 7.12 Record Documents 33 7.13 Safety and Protection 34 7.14 Hazard Communication Programs 35 7.15 Emergencies—......— ..............------ ....... — ........... ............................ ........................—']5 7.16 Submittals — 55 7.17 Contractor's General Warranty and Guarantee .... ..........____.......... .........................___ 38 7.I8 |ndemndicaton 39 7.19 Delegation o[Professional Design Services............................. ......----- ........ 39 Article 8--[ther Work at the Site 40 8.01 Other Work 40 8.02 [oordinatinr 41 8.03 Lega| Re|atiomships 41 ocnc°c-ru4 Standard General Conditions ur the Construction Contract. Copyrightw 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society qv Civil Engineers.All rights reserved. roc Page am5 Exmo|T'A'Page oro/z/a 07/12/23 Article 9—Owner's Re�ponsibi|ities 42 9.01 Communications toContractor 42 9.02 Replacement ofEngineer 42 9.03 Furnish Data 42 9.04 Pay When Due 42 9.05 Lands and Easements; Reports, Tests, and Drawings 43 9.06 Insurance..... 43 9.07 Change Orders 43 9.08 Inspections,Tests, and Approvals 43 9.09 Limitations om Owner's Responsibilities 43 9.I0 Uncisdosed dazardous Environmental Condition 43 9.11 Evidence of Financial Arrangements 43 9.I2 Safe-ty Programs ............... ..................... .................................................. ...........-- 43 4rtic|eI0--EnKineer's Status During Construction ... ............. ----........... — ......... .............. 44 I0.01 Owner's Representative 44 10.02 Visits tuSize 44 10.03 Resident Project Representative 44 I0.04 Engineer's Authority 44 I0.05 Determinations for Unit Price Work 45 10.06 Decisions on Requirements ofContract Documents and Acceptability ofWork 45 I0.07 Limitations on Engineer's Authority and Responsibilities ------------------45 10.08 Compliance with Safety Program 45 Article 1l--[hanResto the Contract 46 11.01 Amending and Supplementing the Contract ........ ............ ....... -- ............................. 46 II.02 Change Orders 46 II.03 Work Change Directives 46 11.04 Fi,e|d Orders 47 1I.05 Owner-Authorized Changes in the Work 47 1I.06 Umauthorized Changes in the Work 47 11.07 Change of Contract Price 47 11.08 Change uf Contract Times........ ............................ ......... ........ ........ — ........................... 49 1M9 [honDePrzposa|s 49 11.10 NutificaticntoSurety 50 ------' — EJcoc°c'7oo'Standard General Conditions v,the Construction Contract. Copyrightc 201S National Society of Professional Engineers,American Council of Engineering Companies, and American Society o,Civil Engineers.All rights reserved. roc Page an,s sx*|a|T'A'Page naorzm ArddeIZ--C|aims SO 12.01 Claims........................................ ................................. ...............................................-- 5O Article I3--[nstof the Work;Allowances; Unit Price Work 51 1I0I Cost of the Work 51 13.02 AUowance3 SS 13.03 Unit Price Work 55 Article 14--Tests and Inspections; Correction, Removal, or Acceptance of Defective Work SG 14,01 Access toWork 56 14.02 Tests, Inspections, and Approvals 5,5 I4.03 Defective Work 57 I4.04 Acceptance of Defective Work 58 14.05 Uncovering Work 53 14.06 Owner May Stop the Work.............................................---.............. .................... 58 I4.07 Owner May Correct Defective Work 59 Article IS--PaymentstoContractor; Set-Offs; Completion; Correction Period 59 15.01 Progress Payments 59 I5.02 Contractor's Warranty of Title.................... ......- ....... ..................................................--6Z 15.03 Substantieil [omp|etion 62 1504 Partial Use orOccupancy 63 15.05 Fina| |nsp*ction 64 I5.06 Final Payment 64 15.07 Waiver ufClaims 65 15.08 Correction Period 66 Article 1G--Suspendonof Work and Termination 67 I6.01 Owner May Suspend Work 67 15,02 Owner May Terminate for Cause 67 16.03 Owner May Terminate for Convenience 68 16.04 Contractor May Stop Work orTerminate 68 Article 17--Fina| Resolution of Disputes 60 I7.01 Methods and Procedures -- ...........-----................. ............... - ............ ........ 6B Article I8--Miscellaneous 69 18D1 Giving Notice uy 18.02 [omputotionof Times ......................... ...................-- ........................... ...... ....... ---B9 ococ°c'rnn Standard senpm|cvnumoo,of the Construction cu,umct. cvnvrigm*2018 National Society of pmmo/una|Engineers,Anemoo Council of Engineering Companies, and American Society,f Civil Engineers.All rights reserved. roc Page 4ors sxn/o|TWpooeoeor2m 18.03 Cumulative Remedies 70 18.04 Limitation ofDamages 70 18.05 NoVVaiver .... ......... .......... ...... ----- .......-- .................. ......... ............... 70 I8.06 Survival cf Obligations ...... .............. ......... -------- ........ ...... 70 18O7 Controlling Law 70 18,08 Assignment ofContract 70 18.09 Successors and Assigns 70 IDIO Headings 70 ---' - --- EJcocOc-7m\Standard General Conditions o,the Construction Contract. Copyrightc"2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. roc Page sms sxH|an'A'poweyoo,z7o STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1—DEF|NDD0NS AND TERMINOLOGY I.81 Defined Terms A. Wherever used in the Bidding Requirements urContract Documents, a term printed with initial capital letters, including the term's singular and plural forms' will have the meaning indicated in the definitions below. In addition to terms specifically defined,terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. I. Addendo--VVritten or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. Z. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. l Applicationfor Payment—The document prepared by Contractor, in a form acceptable to Engineer,to request progress or final payments,and which is to be accompanied by such supporting documentation asis required by the Contract Documents. 4. Bid—The offer of Bidder submitted on the prescribed form setting forth the prices fcr the Work tobeperformed. S. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements,the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bo-id or other Bid security, if any, the Bid Form, and the Bid with any attachments. D. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued an or after the Effective Date of the Contract. 9. Change P,oposol -Awritten request by Contractor, duly submitted in compliance with the procedural requirements set forth herein' seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging o set-off against payments due; or seeking other relief with respect to the terms of the Contract. IO. Oohn o. Ademand orassertion by owner directly to Contractor,dulysLibmitted incompliance with the procedural requirements set forth herein,seeking an adjustment of Contract Price or Contract Times; contesting an initial decision 6y En�ineerconcerning the -- ----- - --- ----- EJcoc°c'7nn.Standard General Conditions of the Construction Contract. CopyrigW"2018 National Society of Professional Engineers,American Council of Engineering Companies, and American society v,Civil Engineers.All rights reserved. Page zv,7o Exn|o/T'A'p000e1 "/zrn requirements of the Contract Documents or the acceptability of Work under \l-*-- [antrnciDocumen1s; con!esting Engineer's decision regarding Change Proposal; seeking resolution of contractual issue that Engineer has declined to address; o/ seeking other relief with respect to the terms of the Contract, b. A demand or assertion by Contractor directly to Owner,duly submitted in compliance with the procedural requirements set forth herein' contesting Engineer's decision regarding a Change Proposal, or seeking resolution of o contractual issue that Engineer has declined toaddress. c. Ademand or assertion by Owner orContractor, duly submitted in compliance with the procedural requirements set forth herein' made pursuant\oParagraph 12.0l.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. A demand for money or services byathird party is not Claim. 11. Consbruent of Concern—Asbestos, petroleum' radioactive materials, polychlorinated bipheny|s (PCBs), lead-based paint (as defined by the HUD/EPA standard)' hazardous vvaste, and any substance' product, waste, or other material of any nature whatsoever that is, or becomes listed, regulated, or addressed pursuant to Laws and Regu|adoms regulating, relating to, or imposing liability or standards of conduct concerning, any hazardmus, toxic, nr dangerous waste, substance, ormaterial. 12. Controct--The entire and integrated written contract between Owner and Contractor concenning the Work. 13. Contract Documents—Those iterns so designated in the Agreement, and which together comprise the Contract. 14. Contrmc Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15. [ontnoct Times—The number nf days or the dates by which Contractor shaUk (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. IG. Contrcxtor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost o/the Work—See Paragraph l3.Ol for definition. 18, Drawings—The part of the Contract that graphically shows the scope' extent, and character of the Work tobe performed byContractor. 19. Effective Date of the Contract—The date' indicated in the Agreement, on which the Contract becomes effective. ZO. Bectrcnic Document—Any Project-related correspondence' attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals,that are in an electronic or digital forma-_ Zl. 8ectrcnic Means—Electronic mail (emai|), upload/download from a secure Project m/ebsit�e' or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt,- (c) printing of the transmitted Electronic Document by the ococ(','c'roo'Standard General Conditions v,the Construction Contract, Copyrightco 2018 National Society of Professional Engineers,Arnerican Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page zw,7o Ex*/an'x'puuenzor27n recipient; (d) the storage and archiving of the Electronic Document by sender arid recipient;and (e)the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebmok, Twitter, |nstag/am' or similar social media services for transmission of Electronic Documents. ZZ. Engineer—The individual or entity named as such in the Agreement. 23. Field Order--Awritten order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 24. Hazardous Environmental Condition—The pre5ence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices' Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition, b. The presence ofConstituents of Concern that are to be removed or rempdiated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Loma nndKegu/ot/ons; Laws or Regulations—Any and all applicable laws, statutes' rules, regu|a-.ions, ordinances' codes' and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens—Charges, security interests, or encumbrances upon Contract-related funds' real property, or personal property. 27. Milestone--A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date' or by a time prior to Substantial Completion of all the Work. 28. Notice of Award—The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 29� Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 30. 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. ]l. P/ogressSchedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor's plan to accomplish the Work within the Contract Times. 32. Projec—The total undertaking to be accomplished for Owner by engineers, contractors, and others' including planning, study' design, construction, testing' commissioning, and start'up,andofvvhichtheVVorktobeperformedundertheCnntractDucumentsisapart EJcocwc-7un'Standard General Conditions n,the Construction Contract. cvpv,ighe zozm National Society o,Professional Engineers,American Council v,Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page sv ro exo/e/T'A'Page oa o/orn 07/12/23 33. Resident Project Representntive--The authorized representative of Engineer assigned to assist Engineer at the Site.As used herein,the term Resident Project Representative(RPR) induds any assistants or field staff nf Resident Project Representative. 34. Somptey--Physical examples of materials, equipment' or workmanship that are repreaentative of some portion of the Work and that establish the standards by which such portion of the Work will bejudged. 35� Schedule o/Subm/ttob--Aschedule, prepared and maintained by Contractor, of required submi-.ta|s and the time requirements for Engineer's review of the Submittals. 36. Schedule qƒ Vnbez--A schedule, prepared and maintained by Contractor, allocating portion of the Contract Price to various portions of the Work and used as the bads for reviewing Contractor's Applications for Payment. 37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or inforrration that are specifically prepared o/ assembled by or for Contractor amd submi-.tedby Contractor to illustrate some portion of the Work. Shop Drawings,whether approved or riot, are not Drawings and are not Contract Documents. 3& Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be per-formed' including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of [ontrzctor. 39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certoinadministnative requirements and procedural matters applicable to the Work. 40. Subcontractor—An individual or entity having a direct cont/act with Contractor or with any ut'ie/Subcontractor for the performance ofo part of the Work, 41, Submi-tol —A written or graphic document' prepared by or for Contractor, which the [ont/2ct Documents require Contractor to Submit to Engineer, or that is indicated as a Submi--ta| in the Schedule Of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures;testing plans; results of test:s and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers' instructions and reports; records of delivery of spare parts and tools; operations and maintenance data,- Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders,Claims, notices,Applications for Payment,and requests for interpretation or clarification are not Submittals. 42. Substwtio/ [onqp/ction--Thetimc at which the Work (or a specified part thereof) has progressed tuthe point where, in the opinion of Engineer, the Work (or aspecified part therec-f) is Sufficiently complete, in accordance with the Contract Documents, so that the Work Wra specified part thereof) can be utilized for the purposes for which itisintended. The terms "substantially complete" and "substantially completed"as applied to all or part of the Work refer to Substantial Completion of such Work. E.Jcoc°crm\Standard s,nrm|cvnuumn,of the Construction Contract. cuprightw aozm National Society vrProfessional Engineers,American Council ofEngineering Companies, and American Society of Civil Engineers.All rights reserved. Page uof7n ExH/e/T'x'Page s4orzrx 07/12/23 43, Successful Bidder--The Bidder to which the Owner makes an award of contract, 44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 45. Juop0er—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contrEct with Contractor or with any Subcontractor to furnish materials or equipment to beinczrporatedin the Work by Contractor oraSubcontractor. 46. Tcchn,co/Doto a. TIose items expressly identified asTechnical Data in the Supplementary Conditions, vvfth respect to either (l) existing subsurface conditions atnr adjacent tothe Site, or e)dsting physical conditions at or adjacent to the Site including existing surface or swlbsurface structures (except Undergrovnd Facilities) or (2) Hazardoms Environmental Conditions at the Site. h. |fiosuch express identifications ofTechnical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at ths Site under Paragraphs5.O3, 5.04' and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in unygeotechnioi environmental, or other Site or facilities conditions report prepared for the Project and made available toContractor. c. information and data regarding the presence or location of Underground Facilities are not intended to be categorized' identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated onthe Drawings. 47, Underground Facilities—All active or not-in-service underground lines, pipelines, conduts, ducts, encasements' cables, wires' manholes, vaults, tanks' tunnels, or other such facilities orsystems at the Site, including but not limited to those facilities o,systems that produce, transmit, distribute, or convey telephone or other communications, cab�e television, fiber optic transmissions' power, electricity, light, heat' gases' oil, crude oil products, liquid petroleum products' water, steam' waste, wastewater, storm water, other iquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility, 48. Unit Price Work--VVorkto be paid for on the bads of unit prices. 49. Work—The entire construction o/ the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result nf 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 astesting, start-up, amd comm ssioning' all as required by the Contract Documents. 50. Work Change Directive---A written directive to Contractor issued on or after the Effectiwe Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. ococ*c7mz Standard General Conditions'x the Construction Contract. CopyTigh �2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society u,Civil Engineers.All rights reserved. Page sn 70 cxx/B|T'*'Page onur2re 07/12/23 1.02 Terminology A. The words and terms discussed in Paragraphs 1O2.13, [ D, and E are not defined terms that require iNtia| capital letters, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. /ntentof C?rtoin Terms orAqiectives:The Contract Documents include theterms"as allowed," ^as approved," ~as ondered'^ "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," ^sui|ab|e,~ "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is specific statement indicating otherwise). The use of any sudh term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents, C. Day:The word "dav" means a calendar day of24 hours measured from midnight to the next midnight. D. Defective: The word "defective," when modifying the word ^VVork'^ refers to Work that is unsatisfactory, faulty, or deficient in that it: I. does mot conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection' reference standard, test or approval referred toin the Contract Documents; or J. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph l5.O3orParagraph 15.04). E. Fumb/\ Install, Perform, Provide I. The word "furnish," when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. ]. The word "install," when used in connection with services, materials, or equipment' means \o put into use or place infinal position said services, materials, orequipmert complete and ready for intended use. ]. The words ^perform" o, "provide,^ when used in connection with services, materials, or equipment, means to furnish and install said services' materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services' materials, or equipment' but do not expressly use any of the four vvor*� "furnish," "install," "perform," or"provide,"then Contractor shall furnish and install said se/vices' materials, o/equipment complete and ready for intended use. ococ=c'run'Standard General Conditions o,the Construction Contract. Copyrighto 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of civil Engineers.All rights reserved. Page sn ro sxH/a/T'*'Page eoororn F. Contract Price or Contract Times:References to a change in "Contract Price or Contract Times" or "Contract Times or Contract P/ice^ or similar, indicate that such change applies to (l) [untract Price, (2) [ontnact Times' or (]) both Contract Price and Contract Times, as warranted, even if the term "or both" is not expressed, G. Unless stated otherwise in the Contract Documents,words or phrases that have a well-known technical crconstruct|on industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2--PREUh8|NAKYMATTERS 2.01 Delivery ufPer,onnpnce and Payment Bonds;Evidence oƒInsurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment s,#nd (if the Contract requires Contractor to furnish such bunds). B. Evidence of Contractor's Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements' and other evidence of insurance required to be provided by Contractor in accordance with Article 5, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. Evidence ofOwner's Insurance:After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation,Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract),the certificates and other evidence of insurance required tobe provided by Owner under Article 6. 2.0I Copies nfDocux77entz A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision toEngineer. 2.03 Before Starting Construction A. Prelim in ary Schedules:Within 10 days after the Effective Date of the Contract(or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review: I. a pre| rninary 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; Z. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work mcoc°c'7no'Standard General Conditions o,the Construction Contract, Copyright*2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society p,Civil Engineers.All rights reserved. Page rofm sxme/Tp/psgee7o/2/8 into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount cf overhead and profit applicable to each hemofWork. 2.84 Preconstructiom Conference;Designation nfAuthorizedRepresentatives A, Before anyWork at the Site is started,a conference attended by Owner,Contractor,Engineer, and others as appropriate will be held to establish a working understanding among the parties astothe Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings,Samples,and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing,a specific individual to act as its authorized representative with respect to the services and responsibilities under theCootraoct Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf ofeach respective party. 2.05 Acceptunceo/Schcdu/es A. At least 10days before submission ofthe first Application for Payment a conference,attended by Contractor, Engineer, and others as appropriate' will be held to review the schedules submitted in accordance with ParagraphZ.O3.A. No progress payment will be made to Contractor until acceptable schedules are submitted \oEngineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's fm1| responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workao|e arrangement for reviewing and processing the required submittals. l ContrEctor's Schedule of Values will be acceptable to Engineer as to form and Substance ifiL provides a reasonable allocation of the Contract Price to the component parts of the Work. 4. If schedule is not acceptable, Cont/actor will have an additional 10 days to revise and resubmit the schedule. 2.06 Boctnun/c7ronsm/ttob A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send,and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and [ontracto-shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means,the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal ofthe Electronic Documents. ococ°c'7oo'Standard General Conditions of the Construction Contract. Copyright*2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page um7o sxH/s|r'A'Page yaofcre ARTICLE 3--C3NTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 101 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project(or part thereof) tobe constructed in accordance with the Contract Documents, C. Unless otherwise stated in the Contract Documents' if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations' and agreements, whether written orwai E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and �ncling upon Owner and Contractor, which agree that the Contract Documents wifl be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: I. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the VVork, for the bencfi-.of such Subcontractor, Supplier, or other individual or entity; or 2' any obligation on the part of Owner wr Engineer to pay ortosee to the payment nfany mone�due any Such Subcontractor SuppUer' or other individual orendty, except asmay othemviseberequiedby Laws and Regu|ationc 3.02 Reference Star dords A. Standards Specifications, Codes, Laws and Regulations I. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society' organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification' manual, reference standard' code' or Laws or Regulations in effect atthe time of opening of Bids (or on the Effective Date of the Contract if there were no 8idd' except as may be otherwise specifically stated in the Contract Documents. Z. No provision of any such standard specification, manual, reference standard,or code, aW no insz/uction ofaSupplier, will be effective to change the duties or responsibilities of Owner' Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer, No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the perfonmance of the VVo/k, or any duty or authority to undertake responsibility ---- ---- ----- ----' -----` oJcoc~c'7on'Standard General Conditions o,the Construction Contract. Copyrightc 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page yv,ro ex*|y|T'*'Page eon/z7o inconsistent with the provisions of the part of the Contract Documents prepared by or forr Engineer. I03 Reporting ondRezolvingDiscrepancies A. Reporting Discrepancies l. Cont/actor's Verification of Figures and Field Measurements: Before undertaking each part of the Work,Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and sh3ll not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement tothe Contract issued pursuant to Paragraph 11.01, Z� Contractor's Review oƒContract Documents: If, before or during the performance ofthe Work, Contractor discovers any conflict, error' ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Re8u|�ion' (b) actual field conditions, (c) any standard specification' manual, reference standard' or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emerQencyas required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by clarification orinterpretation by Engineer' or by an amendment orsupp|emen\to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict,error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Reso/v/ngO/screpmnc/es l. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity' or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier(whether or not specifically incorporated by reference asa Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements ?/the Contract Documents A. During the performance of the Work and until final payment' Contractor and Owner shall submit to-.he Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpreLatiun-- RF|s), orrelating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the[orotrart Documents, and judge uf the acceptability of the Work, ______ _____ cJcoc°C'7nn'Standard General Conditions u,the Construction Contract. cmnv,ixmwzozm National Society o,Professional Engineers,American cvvnu|v,Engineering Companies, and American Society n,Civil Engineers.All rights reserved, Page zonr7o cx*/a/r'A'Paoo 100o/278 8� Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation' or decision will be final and binding on Contractor, unless it appeals by Submitting a Change Proposal, and on Owner, unless it appeals by filing aClaim. C. If a submit-ed matter in question concerns terms and conditions of the Contract Documents that do not involve (l) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution asprovided in Article IZ. 3.05 Reuse oƒDocuments A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies uf any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions' or reuse any such Drawings, Specifications' other documents, or copies thereof on extensions ofthe Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or Z. have or acquire any title or ownership rights in any other Contract Documents, reuse any such C:)ntract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.O5 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4--COK8K8ENCEK8ENT AND PROGRESS OF THE WORK 4.01 Commencement ofContract Time�Notice tmProceed A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at anytime within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 38th day after the Effective Date of the Contract, whichever date isearlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior tosuch date. 4.03 ReferencePo/rts A. Owner shE 11 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 - ------ -------- ----- ------------ sJcoc°c'7no'Standard General Conditions v,the Construction Contract. Copyright�2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page zzo,7n EXHIBIT n'Page m1orz7e O7/12/23 established reference points and property monuments, and shall make no changes cc relocations without the prior written approval of Owner. Contractor shall report to Engineef 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 accura-e replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress SchewJe A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph ZO5asit may be adjusted from time to time as provided below, I. Contractor shall submit to Engineer for acceptance (to the extent indicated in ParagrmphZ.05) proposed adjustments in the Progress Schedule that will not result in changi-igthe [ontractTimes. 2. Propo5,ed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article Il. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph l6O4, oras Owner and Contractor may otherwise agree inwriting. 4.05 De/oyz /n Cnntroctnr's Progress A. If Owner, Engineer' or anyone for whom Owner is responsible, delays, disrupts, o/ interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption' or interference caused by or within the control of Contractor. Delay, disruption' and interfE rence attributable to and within the control of a Subcontractor or Supplier shall be deemed tcbe within the control ofContractor. C. If Contractor's performance o/ progress is delayed, disrupted, o/ interfered with by unanticipated causes not the fault of and beyond the control of Owner,Contractor,and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor's sole and exclusive remedy for the delays, dis'uption, and interference described in this paragraph. Causes of delay, disruption, orinterference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: L Severe and unavoidable natural catastrophes such as fires, floods, epidemics' and earthquakes; 2, Abnormal weather conditions; 3. Acts o/failures to act o/third-party uti|ityovvneoorotherthird partyentities (otherthan those--hird party utility owners or other third-party entities performing other work at or adjacent tothe Site as arranged by or under contract with Owner' as contemplated in Article B)�and 4� Acts o=war orterrorism, ococ°c-rm\Standard General Conditions m the Construction Contract. CopyrighfO 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page zzv/7o EXHIBIT'x'Page 1ozvrz/o D. Contractor's entitlement to an adjuStmen1 of Contract Times or Contract Price is limited as follows: l. Contractor's entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference, Z. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption' or interference if such delay is concurrent with a delay, disruption, or interference caused byorwithin the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment nf Contract Times to which Contractor is otherwise entitled. l Adjustments of Contract Times or Contract Price are subject to the provisions of ArtideIl. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: I. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days' increase in Contract Times claimed as a consequence of each such cause wf delay, disruption, or interference; and 5. The iWacton Contract Price, in accordance with the provisions ofParagraph II.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption' or interference' and an explanation of the effect of the delay, disruption' or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of differing subsurface or physical condition, an Underground Facility that was riot shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5,together with the provisions of Paragraphs 4.05.D and 4.05.E. G, Paragraph 8.03 addresses delays,disruption,and interference to the perforrinance or progress of the Work resulting from the performance of certain other work ator adjacent tothe Site. ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Avo0obJityofLonds A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encurnbrances or restrictions riot of general application but specifically related to use of the Site with which Contractor, must comply in performing the Work. ___ _ ........ EJcoc°c'7nn'Standard General Conditions n/the Construction Contract. cvnv,iuhtw zozm National Society vfProfessional Engineers,American cvvnu|uf Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page on,7o sxH/e/T'A'pooe /03o/278 O7/12/23 B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or filing a mechaniC'5 or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage uf materials and equipment. 5.02 Weuf Site and Other Areas A. Limitation onU5emƒSite and Other Areas l. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials orequipment. Contractor shall assume full responsibility for (a) damage tothe Site; (t) damage to any such other adjacent areas used for Contractor's operations; (d damage to any other adjacent land or areas, or to improvements' structures' utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustaimed by the owners or occupants of any such land o/ 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 isresponsible. Z. If damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective orremedial action as required by Paragraph 7.13, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding,or in a court of competent jurisdiction;and (c)\othe fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcortractors 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 o/ relating to any claim or action' legal or equitable, brought hy any such owner oroccupant against Owner, Engineer, o/ any other party indemnified hereunder to the extent caused directly orindirectly, in whole or in part 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 isresponsible. B. Removal o,(De6ris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish' and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment ococmc'7o0,Standard General Conditions vf the Construction Contract. CopyrigWm 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page z«mro sxHmnp/Page 104m278 and machinery, and surplus materials and shall restore tn original condition all property not designated for alteration by the Contract Documents. D. Loading ofStructures: 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: I. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; I Those dmvvin8o of existing physical conditions at or adjacent to the Site, including those draeimAs depicting existing surface or subsurface structures ato/ adjacent to the Site (excep-. Underground Faci|ities)'that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to ParagraphS.O5, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended tobe categorized, identified, or defined as Technical Data. C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members' partners' employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for 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; I. other data,interpretations,opinions,and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner's archival docunnents concerning the Site; o/ 4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations' opinions' or information. FJcoc°c'7oo'Standard General Conditions nf the Construction Contract. Copyrightm 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society u,Civil Engineers.All rights reserved. Page zsu,7u sxH|en'*'Page 1000rzru 5.04 Differing Subsurface o/Physical Conditions A. Notice byContractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: l. is of suzh a nature as to establish that any Technical Data on which Contractor is entitled to rely asprovided in Paragraph 5.03 is materially inaccurate; Z� isofsucha nature asto require a change in the Drawings orSpecifications; 1 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 generaUy recognized as inherent in vvurh of the character provided for in the Contract Documientc then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith(except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such cnndi-Jon. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor tudoso. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the sobsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; oondude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.O4.A; obtain any pertinent cost or schedule information from Contractor; prepare recommenclations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recomnnendadons. C. Ommor's Statement tu Contractor Regarding Site Condition:After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question' addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made,and adopting or rejecting Engineer's written findings, conclusions,and recommendations, in whole or in part. D. Early Resumption of Work: If at any tirne Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer's review or owner's issuance of its statement to Contractor, because the condition inquestion has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments l. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence ofa differing subsurface or physical condition, or any related delay, disruption' or interference, causes an increase or decrease in _____ ococ11c'ron'stanua,usonem|cvndiuvn,vfmecvnst,ucuvncpnt,ac,. Copyright*2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page zao,rn EXHIBIT'x'Page 1oeorum Contractor's cost of,or time required for, performance of the Work; subject, however,to the following: a. Su--h condition must fall within any one or more of the categories described in ParagraphS.O4.A; b. Wirth respect to Work that is paid for on a unit price basis,any adjustment in Contract Price will be subject tothe provisions ofParagraph 13.03; and, c. [omtracto/s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.O5D and 4.05f. l Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect toa subsurface o/ 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 Bid or becoming bound under a negotiated contract, or otherwise; b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation,exploration,test,or study of the Site and co-)tiQuous areas expressly required by the Bidding Requirements or Contract Documents to be conducted byo/ for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth ina Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement toorthe amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition inquestion. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. ParaQraph5.O6 governs rights and responsibilities regarding Hazardous Environmental Conditions.The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Contractor's Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: l. reviem^inOandcheckin8a|| informationanddataregardingexistingUnder8roundFaci|ities at the Site; Z. complying with applicable state and local utility damage prevention Laws and Regu|ztions; ococ*s7m\Standard General Conditions uf the Construction Contract. cn 2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page z7v,rn sxmmTx'Page 1nrnra7n 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course ofconstruction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5� the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice byContractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph7.l5)' notify Owner and Engineer in writing regarding such Underground Facility. C. Engineer's Review: Engineer will: I. promptly review the Underground Facility and conclude whether such Underground Facility was riot shown or indicated on the Drawings,or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor's resumption of Work in connection with the Underground Facility inquestion; 3. obtain any pertinent cost or schedule information frorn Contractor;determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and clocurnent the consequences of the existence or location of the Underground Facility;and 4. advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility:After receipt ofEngineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejectirc Engineer's written findings, conclusions, and recommendations in whole or in part. E, Early Resumption of Work: If at any time Engineer determines that Work in connection with the Under�,round Facility may resume prior to completion of Engineer's review orOwner^s issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately dmcumented, and analyzed on a preliminarV basis, then the Engineer- may at its discretion instruct Contractor to resume such Work. F� Possible Price and TiniesAdjustments l. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times,to the extent that any exisdngUnderground Fad|ityat the Site that vvasnot shown ____ _ __ ococ°c'7m\Standard General Conditions m the Construction Contract. Copyrighto'2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page za of7o EXHIBIT x'Page ,00murn O7/12/23 or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work;subject, however,to the following: a. With respect to Work that is paid for on a unit price basis,any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; b. Contractor's entitlement to an adjustment of the Contract Times is subject tothe provisions uf Paragraphs 4.O5.D and 4DS.E; and c. Contractor gave the notice required in Paragraph 5.05.13. 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, then any such adjustment will be set forth ino Change Order. I Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent nfany adjustment in the Contract Price or Contract Times, no later than ]O day's after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility inquestion. 4. The information and data shown o/ indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (dgathered in an investigation conducted in accordance with the current edition of ASCE 38,Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect o/ incomplete, Contractor's remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Ent,4ronmento/Conditions ot Site A. Reports and Drowings:The Supplementary Conditions identify: L those reports known to Owner relating to Hazardous Environmental Conditions that have been identified ator adjacent to the Site; 2� drawir8s known to Owner relating to Hazardous Environmental Conditions that have been identified ator adjacent to the Site; and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Tec-inica| 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 expreo identification has been made' then Contractor may rely on the accuracy of the Technical Data as defined in Pamgraphl.OI.A.46h Except for such reliance on Technical Data, Contractor may not rely upon or rnake any claim against Owner or Engineer, or any of their of0--ers, dire/tors' members, partners, employees, agents' consultants, or subcontractors,with respect to: I. the completeness mfsuch reports and drawings for Contractor's purposes, including, but not limited to,any aspects of the means, methods,techniques,sequences and procedures ____ ______ ____ _____ EJcocwc-roo'Standard General Conditions n,the Construction Contract. Copyright'r'2011 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers,All rights reserved. Page zyvf7o exn/mT'A'Page 1uao/urn of construction to be employed by Contractor, and safety precautions and programs incident thereto; Z. other data, interpretations,opinions,and information contained in such reports or shown orindic-atedin such drawings; or 3. any Ccwitractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling,containing, and duly removing all Constituents of Concern brought to the Site by Cont/actor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remeclating any Hazardous Environmental Condition created by the presence of any such [onstituentsofConcern. E. |f Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph725); and (3) notify0vvnerandEnQineer (andprompt|ythereafterconfirmsuchnoticeinwriting). 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 Engimcer, Owner shall take such actions as are necessary to permit Owner totimely obtain required permits and provide Contractor the written notice required by Paragraph5D6.F. |f 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. F. [ontractor, 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 (l) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner a-id Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjLstment in Contract Price or Contract Times,as a result of such Work stoppage,such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response tothe Hazardous Environmental Condition, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Para8raphs4OS4 4.05.E, 11.07' and 11.08. H. If,after receipt of such written notice, Contractor does riot agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special ucoc1'c7on'Standard General Conditions o,the Construction Contract. Copyrightc 2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers.All rights reserved. Page zomro sxmao'A'Page 11nnrzm O7/12/23 conditions,then Owner may order the portion of the Work that is in the area affected by suc'l condition -o be deleted from the Work, following the contractual change procedures in Artide1l. Owner may have such deleted portion of the Work performed by Owner's own faircesor others in accordance with Article 8. i Tm the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members' partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court,arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (l) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled tolimited reliance pursuant to Paragraph 5.05.8' or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 obligates Owner to indemnify any individual or entity from and against the consequences cf thatindividuaYso/entity's own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members' partners' employees, agents, consultants,and subcontractors of each and any of them,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration ur 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 Contractcr is responsiole,or to a Hazardous Environmental Condition created by Contractor or by anyone for whom --ontractoris responsible. Nothing in this Paragraph 5.06J obligates Contractor tu indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provis�mns of Paragraphs 5.03,5.04,and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE G—BONDSAND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond,each in all amount at least equal to the Contract Price' as security for the faithful performance and payment of Contractor's obligations under the Contract.These bonds must remain in effect until one year after the clarte when final payment becomes due or until completion of the correction period specified in Paragraphl5.08' whichever is later, except as provided otherwise by Laws o/ Regulations, the terms of prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner pror to execution of the Contract, except as provided otherwise by Laws or ococ11c'7oo'Standard General Conditions o,the Construction Contract. CopWight(O 2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page zzufrn exH|s/T'A'Page 11, u/z/a Regulations, and must be issued and signed by a surety named in "Companies Ho|di f,: Certificotez of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring [ompanies" as published in Department Circular 570 (as amended and supplemented) by the Bureau ofthe Fiscal Service, U.5. Department of the Treasury. Abond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that imdividua|'s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above' then Contractor shall promptly notify Owner and Engineer in writing and shall, within IO days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services' materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B. AN insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed orauthorized in the state or jurisdiction in which the Project is located to issue insurance policies for the required limits and coverages. Unless different standard is indicated in the Supplementary [ondition&, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating ofA'V|| or better. C. Alternative forms of insurance coverage, including but not limited to self-insurance and "Occupational Accident and Excess Employer's Indemnity Policies," are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner' with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner o/ any other insured' Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions. and evidence of insurance required to be purchased and maintained by EJCoc°c'7on'Standard General Conditions v,the Construction Contract. Copyrightc 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page zznfrn exH/B/T'x'Page 1/zofz7a O7/12/23 Subcontractors or Suppliers.In any docu me ntation furnished under this provision,Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable tu this Contract. E. OwnershaU deliver toContractor, with copies toeach additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner bythe Contract(if any).Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation Cf applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific toa project or jurisdiction other than those relevant to this Contract, F� Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identifya deficiency in compliance from the evidence provided, will not be construed as a waiver of the other partys obligation to obtain and maintain such insurance. G. |nadditior to the liability insurance required to be provided by Contractor, the Owner, a-t Owner's option, may purchase and maintain Owner's own liability insurance. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. H. Contractor shall require: L Subcontractors to purchase and maintain worker's compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer(and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor's liability policies) on each Subcontractor's commercial general liability insurance policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. i if either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing Of such failure to purchase prior to the start of the Work, o/ of such failure to maintain prior to any change in the required coverage. J. If Contractor has failed to obtain and maintain required insurance' Contractor's entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner's termination rights under Artidel6. K. Without prejudice to any other right or remedy, if party has failed to obtain required imsurancu' the other party may elect (but is in no way obligated) to obtain equivalent insuranceto protect such other party's interests atthe expense ofthe partywhowas required to provide such coverage, and the Contract Price will be adjusted accordingly. ococ°c'7m0,Standard General Conditions nf the Construction Contract. oopWightw 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers.All rights reserved. Page zsufro sxH|onv,Page 11om2ra 07/12/23 L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor orContractor's interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that [ontractordeemm necessary. M. The insuramceand insurance limits required herein will not be deemed asa limitation on Contractor's liability,o,thutofits Subcontractors orSupp|ieo. undertheindemnities granted to Owner and other individuals and entities in the Contract orotherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, o/ renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice' the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 Contractor's Insurance A. Required .`nsuronce: Contractor shall purchase and maintain Worker's Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the 5upp|emnentaryConditions. B. General Provisions:The policies of insurance required by this Paragraph 6.03 as supplemented must: I� include at least the specific coverages required; 2. be written for not less than the limits provided,or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D>' and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, o/ otherwise, or returning to the Site to conduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor orSupplier, orbyanyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be |iat@e; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds: The Contractor's commercial general liability, automobile liability, employer's liability, umbrella or excess' pollution liability, and unmanned aerial vehicle liability po|ides' if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer,and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; I afford primary coverage to these additional insureds for all claims covered thereby (including osapplicable those arising from both ongoing and completed operations); ococ=s7m\Standard General Conditions u,the Construction Contract. Copyrightc 2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page zomro exHm|Tvv Page 11*u/z/a 4� not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respectto liability caused in whole or in part by Contractor's acts oromissions, or the acts and omissions of those working on Contractor's behalf, in the performance of Contractor's operations. 6.04 Builder's Risk cnd Other 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 amourrt of the Work's full insurable replacement cost(subject to such deductible amounts as maybe provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder's risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities ofOwner N/hone Work Will Occur: Owner is responsible hzr obtaining and maintaining property insurance covering each existing Structure' building, o/ facility in which any part of the Work will occur, or to which any part of the Work will attach orbe adjoined. Such property insurance will be written ona special perils (a|| risk)form' ona replacement cost basis, providing coverage consistent with that required for the builder's risk insurance, and will be maintained until the Work is complete, as set forth in Para8raphIS.OS.D. C. Property ncuronce for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property incuranceat least until the Work is complete,as set forth in Paragraph I5,06.D.Such property insurance will be written on a special perils (a|| risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder's risk insurance.The builder's ri3k insurance may terminate upon written confirmation of Owner's procurement c-f such property insurance. D. Partial Occupancy o/ Use by Owner: If Owner will occupy o/ use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04. then Owner (directly, if it is the purchase/ of the builder's risk policy, or through Contractor) will provide advance notice of such occupancy or use tothe builder's risk insorer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy uruse. E. Insurance of Other Property;Additional insurance: If the express insurance provisions of the Contract do riot require or address the insurance of a property item or interest,then the entity or individual owning such property item will be responsible for insuring it, If Contractor elects tu obtain other special insurance tobe included inorsupplement the builder's risk orproperty insurance policies provided under this Paragraph 6.04, it may do so at Contractor's expense. 6.05 Property Looe.5;Subrogation A. The builder's risk insurance policy purchased and maintained in accordance with Paragraph6.O4 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss mr damage the insurer will have no rights of recovery against any insureds thereunder-,or-against EIcoc"c'7ou'standard General Conditions v,the Construction Contract. Copyright"'201F National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page u5m7o cxme/T'A'puoe 115o/278 O7/12/23 Engineer or its consultants or their officers,directors,members, partners,employees,agents comsu|tan1s' orsubcontractors. l. Owner and Contractor waive all rights against each other and the respective officers, directoirs' members, partners' emp|uyees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, o/ resulting from any of the perils, risks' or causes of loss covered by such policies and any other proper-.y insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder's risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None cf the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary,or othemoise payable under any policy soissued. B. Any property insurance policy maintained by Owner covering any loss, damage' or ccinsequenda| loss to Owner's existing structures, bui|dingp, or facilities in which any portct the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy o/ use pursuant to ParagraphIS.O4, after Substantial Completion pursuant to PanagruphlS.03' or after final payment pursuant to Paragraph 15.06'will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder' o/ against Contractor,Subcontractors,or Engineer,or the officers,directors, members, partners, emp|oyees, agents' consultants, or subcontractors of each and any nfthem, and that the insured iszUowedto waive the insurer's rights ufsubrogation in a written contract executed prior to the loss, damage, or consequential loss. I. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors' members' partners, employees, agents, consultants and subcortractors of each and any of them,for all losses and damages caused by, arising out of, or resu|tinQfrom fire or any of the perils, risks' or causes of loss covered by such policies. [ The waivers in this Paragraph 6.05 include the waiver of rights due to business interruptior\ loss of use, or other consequential loss extending beyond direct physical loss or damage tm Owner's property or the Work caused by,arising out of, or resulting from fire or other insured peril, risk, mr cause ofloss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby tie Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages caused by,arising out of, relating to, or resulting from fire or other peril, risk' or cause mf loss covered by builder's risk insurance, installation floater, and any other property insurance applicable to the Work. EJcocIc'roo'Standard General Conditions nf the Construction Contract. Copyrightm2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society'x Civil Engineers,All rights reserved. Page z»v,7o cxI-1/e1r'x'Page 11soroe 6.06 Receipt and Application o/Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of property insurance required by Paragraph 6.04wi I I be adjusted and settled with the named ins u red that purch a sed the po I icy. Such named insured shall act as fiduciary for the other insureds,and give notice to such other insureds that adjustment and settlement of a claim is in progress.Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer eitherjointly to multiple insureds, ortuthe named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required ty Paragraph6.04 shall maintain such proceeds in a segregated account' and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7--[0NTRA[TOR'SRESPONSIBILITIES 7.0I Contractor's Wons and Methods oƒConstruction A. Contractor shall be solely responsible for the means, methods' techniques, sequences, and procedures of construction. B. If the Contract Documents note' or Contractor determines, that professional engineering or other design services are needed to carry out Contractor's responsibilities for construction means' methods,techniques, sequences' and procedures' or for Site safety' then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor's expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1)Contractor's determination of the need for such services, (2)the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or(4) any errors, omissions, or defects in such services. 7.02 Supervision onY Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary toperform the Work in accordance with the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superinterdentvvho will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor, Working Hours A. Contractor, shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain _--,sod discipline and order at the Site. ocmc°c'7nu'Standard General Conditions o,the Construction Contract. Copyrightm 2019 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers,All rights reserved. paxrzro/ro sxH/Bn'x'Page 11rorc/o 8� Contractor, shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor's employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor |s responsible for Contractor's own acts and omissions. C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours' Monday through Friday. Contractor will not perform Work on a Saturday,Sunday,or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays on|y with Owner's written consent, which will not be unreasonably withheld, 7.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assun»e full responsibility for all services, materials, equipment' labor, transportation, construction equipmen-, and machinery' tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,temporary facilities, and all other facilities and incidentals necessary for the performarce' testing, start up' and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer' Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality ofmaterials and equipment. C. All matera|s and equipment must be stored' applied, installed, connected' erected' protected, used, cleaned, and conditioned in accordance with instructions of the app|icab|e Supplier, except as otherwise may be provided in the Contract Documents. 7.05 "Or Equals" A. Contractor's Request,- Governing Criteria: Whenever an item of equipment o/ material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified.The specification or description of such an item is intencled to establish the type, function, appearance' and quality required. Unless the specification or descriptinn contains or is followed by words reading that no like, equivalent, o/ ~o/ equal" item is pe-mitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or itemshom other proposed Suppliers, under the circumstances described below. I. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that nochangeinre|atedVVorhei|| be /equired' EnXineervviUdeemitan ^prequa|'' item. Fnr the purposes of this paragraph' a proposed item of equipment or material will be considered functionally equal toan item so named if: a. in the exercise cd reasonable judgment Engineer determines that the proposed item: I) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; sJcnc"c'7no'Standard General Conditions vf the Construction Contract. conyrigotmzous National Society o,Professional Engineers,American Council o/Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page zon,7n ex*/e/r'A'Page 11nor27e Z) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has proven record of performance and availability ofresponsive service; and 4) is not objectionable toowner. b. Contractor certifies that, if the proposed item is approved and incorporated into the VVork: l) there will be no increase in cost tothe Owner orincrease in [ontra/tTimes,� and Z) the item will conform substantially to the detailed requirements of the benn named in the Contract Documents. B. [ontrmctor'sExpenoe: [ontractorshaUpnzvideaUdatainsupportofanypnoposed ^o/eqoa|" itemat Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to eva|uateeach^mr'equa|" rcquest. Engineermayrcqvirc{ontnaciortofurnishaddihona|dato about the proposed "or-equal" item. Engineer will be the sole judge of acceptability, No "or- equal"item will be ordered,furnished,installed,or utilized until Engineer's review is complete and Engineer determines that the proposed item isan ^or'equa|.°which will be evidenced hy an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Ef fect of Engineer's Determination: Neither approval nor denial of an "or-equal" request will result in any change in Contract Price. The Engineer's denial of an "or-equal" request will be final and binding, and may not he reversed through an appeal under any provision of the Contract. E. Treatment as oSubstituhon Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an "or-equal" item, Contractor may requesttbat Engineer consider the item a proposed substitute pursuant to Paragraph 7.06, 7.06 Substitutes A. Contractor's Request,�Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted' Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below,To the extent possible such requests must be made before commencement of related construction at the Site. l. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. I. The requirements for review by Engineer will be as set forth in Paragraph7.06.B' as supplemented by the Specifications,and as Engineer may decide is appropriate under the circumstances, —------------ �� EJcoc~c-7uo Standard General Conditions v«the Construction Contract. Copyright"aozm National S^dcm of Professional Engineers,American cvvod|of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page mvvrn exn/o/r'A'Page 11ao,zrn 07/12/23 l Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use.The application: a. wi| certify that the proposed substitute item will: 1> perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified; and J) be suited tothe same use as the item specified. b� wi | state: l) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; Z) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee orroyalty. c. wi | identify: I) all variations of the proposed substitute item from the item specified; and Z) available engineering, sales, maintenance, repair, and replacement services. d� wi|| contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign' and claims of other contractors affected by any resulting change. B. Engineer's Evoluotion ond Dctenn/notinn: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the solejudge of acceptability. No substitute will be ordered,furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed �tem is an acceptable substitute. Engineer's determination will be evidenced by Field Order ora proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Speciol Guarantee:Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed orsubmitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute.Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the a«ceptance of each proposed substitute. ococ°c'7nn'Standard General Conditions of the Construction Contract. copynchtm znzm National Society ufProfessional Engineers,American Council of Engineering Companies, and American snuav of Civil cngmcco.All rights reserved. Page au ofru sXn/n/r'x'Paoe 120or27e 07/12/23 E. Cmntrnctor"s Expense: Contractor shall provide all data in support ofany proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution, The Engineer's denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under PareRraph7.O6.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner,The Contractor's retention of Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor's obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designatec parts of the Work if required by the Contract<odoso. C. Subsequunttothe submittal of Contractor's Bid or final negotiation of the terms of the Contract,Owner may riot require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection, D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within Sdays. E. Owner mzy require the replacement of any Subcontractor or Supplier. Owner also may require Cmmtmctorto retain specific replacements; provided, however, that Owner may not require a 'ep|acement to which Contractor has a reasonable objection. If Contractor has submitted the identity nfcertain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it(either in writing or by failing to make written objection thereto),then Owner mary subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor orSupplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times' with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 38 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor o, Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accoujance with the Contract Documents. mcoc°c-rnn Standard General Conditions w the Construction Contract. cppvhxmmznzn National Society of Professional snginren^Amcno`ncovncnu,comineennucumnanics, and American Society v/Civil Engineers.All rights reserved. Page az of7n cxma|Tvv Page 1z1m27o O7/12/23 H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time ofsubmittal. i Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisicins and sections of the Specifications and the identifications of any Drawings do not control Contractor individing the Work among Subcontractors or Suppliers, orindelineating the Work to he performed by any specific trade. K. All Work performed for Contractor by Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, tothe extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 Potent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the perfonmance of the Work or the incorporation in the Work of any invention' design, process, product, or device which is the subject of patent rights orcopyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if,to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights will be disclosed in the Contract Documents. B. To the fu|est extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the 9erformarce of the Work or resulting from the incorporation in the Work of any invention, dod8n' process, product,o/device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights, C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hoW harmless owner and Engineer, and the officers, directors, members' partners, employees, agents, consultants and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyright's 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 in the Contract Documents. _ FJcoc11c'rm\Standard General Conditions u,the Construction Contract. Copyright"'2013 National Society of Professional Engineers,American Council of Engineering Companies, and American society o,Civil Engineers.All rights reserved. Page szofry ExH/a|T'x'Pone1uzvrcra 7.09 Permits A. Un|eootl-emvise provided in the Contract Documents' Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses.Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are app|icab|e at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 7oxez A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.11 Lows ondRegu/otions A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsib|e for monitc/ing Contractor's compliance with any Laws orRegulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws o/ Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors' members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and c)urges of engineers, architects' attorneys, and other professionals and all court or arbitratior or other dispute resolution costs) arising out ofor relating to such Work orother action. It is not Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.0I C. Owner or Contractor may give written notice tothe other party of any changes after the submission of Contractor's 8W (or after the date when Contractor became bound under negotiated contract) in Laws or Regulations having an effect on the cost or time of performarce of the Work, including but not limited to changes in Laws or Regulations havirg an effect on procuring permits and on sales, use,value-added,consumption,and other similar taxes. |f Owner and Contractor are unable to agree on entitlement to oronthe amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within JO days of such written notice Contractor may submit a Change Proposal, or Owner may initiate aClaim. 7.I2 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy ofall Drawings, Specifications, Addenda' Change Orders, Work Change Directives, Field Orders' written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record dccuments in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will beavai|ab�e to EngineErfor reference. Upon completion of the Work,Contractor shall deliver these record documents toEngineer. EJcoc*c'7uo'Standard General Conditions v,the Construction Contract. Copyrightc 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society n,Civil Engineers.All rights reserved. Page ssvfro exn/e/rWpane1cnorc/a 7.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety pnecautiorsand programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their vvurk' nor for compliance with applicable safety Laws and Regulations, B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention ofVVurk,re|ated accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: I. all persons on the Site o/who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein,whether in stora.w onor off the Site; and I other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, paverrents' roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of constriction. D� All damage, injury, or loss to any property referred to in Paragraph 7.I3I.2 or 7.13.C3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual o/ entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts o/ omissions of Owner or Engineer or anyone employed by amy of them,o-anyone for whose acts any of them may be liable, and not attributable, directly or indirect|y, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, cr other individual or entity directly or indirectly employed by any of them). E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor),- and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate vvidh them in the protection' removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. Any Owner's safety programs that are applicable to the Work are identified or included in<he Supplementary Conditions orSpecifications. H. 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. mcoc°c'7no'Standard General Conditions v,the Construction Contract. Copyrighte"2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society n,Civil Engineers.All rights reserved. Page a4^fro cx*|on'x'Page 1z4mzm i CurtractoF's duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph l5.00.[ that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial [omp|etion). J. Contractor's duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, urto conduct other tasks arising from the Contract Documents. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (former|y known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property atthe Sfte oradjacentthereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor's response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor's response, a Work Change Directive or Change Order will be issued. 7.16 Submittals A. Shop Drawing and Sample Requirements 1. 8eforesubmittinga Shop Drawing or Sample, Contractor shall: o. re,,,tiew and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: l) all field measurements,quantities,dimensions,specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect tu the Submittal; Z) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping' handling, storage, assembly, and installation pertaining to the performance of the Work; and 3) all information relative to Contractor's responsibilities for means' methods' techniques, sequences' and procedures of construction, and safety precautions and programs incident thereto; c. cocfirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing orSample must bear stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that Submittal, and that Contractor approves the Submittal. sJcmc°c'7ou'Standard General Conditions vf the Construction Contract. Copyrigh�m 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society uf Civil Engineers.All rights reserved. p"cessv/ro ex*/e//'*'paue/znu/um I With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Proceduosƒo,Shop Drawings and Samples:Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule ofSubmittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, di mensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.l6I. Z. Samples a. Contractor shall submit the number of Samples required in the Specifications, b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such ascatalog 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 7.16C. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedu�e of Submittals,any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sale expense and responsibility ufContractor. C. Engineer's Review o/Shop Drawings and Samples l. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer's review and approval will be only to determine if the items covered by the Submittals vvi||' after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Z. Engineer's review and approval will not extend to means' methods' techniques, sequences, or procedures of construction, or to safety precautions or programs incident theretD. 3. Engineer's review and approval ofa separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract DocumenTs unless Contractor has complied with the requirements of Paragraph7.l6.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will ocmcIc'7oo'Standard General Conditions uf the Construction Contract. Copyrightw 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page yav,rn exma/r'A'Page 1usu/uru document any such approved variation from the requirements of the Contract Documents ina Field Order or other appropriate Contract modification. 5. Engineer's review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. Engineer's review and approval of Shop Drawing or Sample, or of variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance, or approval of a Shop Drawing or Samp�e will resu|tin such item becoming Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples,subject to the provisions of Paragraph 7.I6l.4. D. Resubmitvil Procedures for Shop Drawings and Samples I. 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 revie",,and approval,Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer onprevious Submittals. Z. Contractor shall furnish required Shop Drawing and Sample submittals with Sufficient information and accuracy to obtain required approval of an item with no more than twm resubmitta|s. Engineer will record Engineer's time for reviewing a third or subsequent /esubmitta| of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer's charges toOvxnerfnrsuch time.Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer's charges to Owner for its review time. and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs I. ThehoA|owingprovisionsopp|ytuaUSubmitta|sotherthanShopDram/inRs' Samp|es' amd Owner'de|eOateddesignc a. [cntmctorsha|| submit all such Submittals tothe Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review ofall such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted.Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Engineer's review will be only to date/mine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal, mcoc1'1c'7uo'Standard General Conditions v,the Construction Contract. cunv,ightm zoza National Society v,Professional Engineers,American Council o,Engineering Companies, and American Society of Civil Engineers.All,iVxt,reserved. Page yrv,ro sxn/e/T'A'Page,2/"/uro O7/1%/23 d. If any such Submittal is not accepted,Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F. Owner'de|eQated Designs: Submittals pursuant toOwner-delegated designs are governed by the pnovisonsof Paragraph 7.l9. 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 is entitled to rely on Contractor's warranty and guarantee. B. Owner's rights under this warranty and guarantee are in addition to, and are not limited by, Owner's rights under the correction period provisions of Paragraph 15.08.The time in which Owner may enforce its warranty and guarantee rights under this Paragraph7.l7 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 1E08: I. Owner shall give Contractor written notice of any defective Work within GO days of the 6iscowe/y that such Work isdefective� and 2. Such notice will be deemed the start of an event giving rise to a Claim under ParagraphIZ.Ol3, such that any related Claim must be brought within 30 days of the notice� C. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse,, or improper modification' maintenance, or operation' by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. D. Contmcto/s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None nf the following will constitute an acceptance of Work that is not in accordance with the Contract Documents' a release of Contractor's obligation to perform the Work in accordance with the Contract Documents' or release of Owners warranty and guarantee rights under this Paragraph 7.17: 1. Observations byEngineer; 2. Recommendation by Engineer or payment by Ovvne/ of any progress or final payment; 3. The issuance of certificate of Substantial Completion by Engineer or any payment related thereto byOwner; 4� Use or occupancy of the Work or any part.thereof byOwner; 5. Any review and approval of Shop Drawing or Sample submittal; 6. The iouanceofa notice of acceptability by Engineer; 7. The end of the correction period established in Paragraph l5.U8; 8. Any irspection,test, orapproval by others; or ococ°c-7no'Standard General Conditions v,the Construction Contract. CopyrightcO 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. pvcenoo/ro ex*|B|r'A'Page 1zoo/ura 9. Any correction of defective Work by Owner. E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties,guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 /ndcmnificotioo A� To the fuU|est extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors' members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, zzo5ts,and judgments(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action' |oo' cost, judgment or damage is attributable to bodily injury, sickness,disease, or death, or to damage to or dest-uction 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 orindirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may beliable, B. In any and all claims against Owner or Engineer, o/any of their officers, directors, members' partners,employees,agents,consultants,or subcontractors,by any employee(orthe survivor or personal representative of such employee) of Contractor,any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable,the indemnification obligation under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation' or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. 7.19 Delegohonofprofess/ono/Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect tothe Owner-delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications' certifications, and Submittals prepared by such design professional.Such design professional must issue all certifications of design required by Laws and Regulations. C. If Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a5ubcontractor' or others for submittal to Engineer, then Such Shop Drawing or other Submittal must bear the written approval of Contractor's design professional when submitted by Contractor to Engineer. - :Jcocsc7m\Standard General Conditions vf the Construction Contract. cunvnmhtmznzn National Society m Professional cnuinrro'xme,ioncvvnu|vrcngin,enngcvmpanie,' and American Society v,Civil Engineers.All rights reserved. Page 3yn/7o Exme|Tn'Page 1zsorzrn U7/12/23 D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professiorals retained or employed by Contractor under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Pamgraph7.l9, Engineer's review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished oy Contractor pursuant to an Owner-delegated design will be only for the following limited purposes: I. Check ng for conformance with the requirements of this Paragraph 7.I9; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Estab| shing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner orEngineer, G. Contracto-is not required to provide professional services in violation of applicable Laws ard Regulations. ARTICLE 8--OTHER WORK AT THE SITE 0.01 Other Work A, In addition to and apart from the Work under the Contract Documents, the Owner may perform other work atoradjacent to the Site.Such other work may be performed byOwner'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 tothe Site. B. If Owner pierforms other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work' each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with sucF other work. Contractor shall not endanger any work of others by cutting' excavating' or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. .......... scoc°c'7on'Standard General Conditions of the Construction Contract. Copyright(o 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American society n,Civil Engineers.All rights reserved. Page 400,ro Ex*/e|TWpnoe1aovfzrx E� if the proper execution or results of any part of Contractor's Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit amd proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. F. The provisions of this article are not applicable to work that is performed bythird'party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by 0vvnec If such work occurs, then any related delay, disruptinn, or interference incurred by Contractor is governed by the provisions of Paragraph4.05I.5. 8.02 Coordination A. If Owner irtends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at o/ adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at o/adjacent tothe Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior tothe start ofany such other work: l. The identity of the individual or entity that will have authority and responsibility for coordiination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions,Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner's employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, o/ increases the scope or cost of the performance of the Work,through actions or inaction,then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times.Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event.The entitlement to,and extent of,any such equitable adjustment will take into account information(if any)regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be corditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay,disruption, or interference that is the subject of the adjustment Contractor's entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05,D and 4.05.E. ucoc*c'7no.Standard General Conditions o,the Construction Contract. CopyrigW)2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page ozo,7o sxH/a/r'x'Page 1o1 orom 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 ator adjacent to the Site. 1. |f [on-./actorfails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor,and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B. 2. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work,and for the reasonablie direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure totake reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor. C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any uti0ty 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 c-iarges of engineers, architects, attorneys, and other professionals and all court or arbitratior or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, orinterference. ARTICLE 9--OVVNER'SRESPONSIBILITIES 9.01 [ommunicotiomstoContractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement nfEngineer 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 will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents, 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. EJcnc1c'7oo'Standard General Conditions u,the Construction Contract. ropv,iom"'anzm National Society v,Professional Engineers,American Council v,Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page 42mm sxn/Bnv,Page 1nzo/2ro 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 fort1h 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 rc-5pondbi|ities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article G. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article lI. 9.00 Inspections, Te-sts, and Approvals A. Owner's rssponsibi|itywith respect to certain inspections' tests, and approvals is set forth in Paragraph 14.02.8. 9.09 Limitations on Owner's Responsibilities A� The Owner shall not supprvise, direct or have control or authority over, nor be responsible for, [on1rector's means, methods' techniques, sequences' or procedures of construction, o/ the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work,Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence o/Financial Arrangements A. Upon request of Conti-actor, Owner shall furnish Contractor reasonable evidence that financial .°rangements have been made to satisfy Owner's obligations under the Contract (including obligations Linder proposed changes io the VVork). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comp|ywiih 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. ... ......... cJcoc11c'7no'Standard General Conditions of the Construction Contract. Copyright"20213 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page 43"r70 exH/n/T'A'Page 1a3ofare ARTICLE 1U—ENG|NEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. IQ.OZ Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine' in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be requiredto make exhaustive or continuous inspections on the Site to check the quality or quantity of the VVo/k. En&ee/s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during orasa result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct' control, or have authority over or be responsible for Contractor's means' methods, techniques, sequences' or procedures of construction, o/ the safety precautions and programs incident thereto' or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. M03 Resident Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations nnthe responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer's consultant, aQent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual o/entity will beas provided in the Supplementary Conditions. 10.04 Engineer's Authority A. Engineer has the authority to reject Work in accordance with Article 1.4. B. Engineer's authority as to Submittals is set forth in Paragraph 7.16. C. Engineer's authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner's delegation (if any)to Contractor of professional design services, is set forth in Paragraph 7,18. D. Engineer's authority as to changes in the Work is set forth in Article II, s/Cnc1c'7ou.Standard General Conditions vf the Construction Contract. cupv,ix»t'�'2018 National Society of Professional Engineers,American Council of Engineering cumpan/c`' and American Society of Civil Engineers.All rights reserved. Page 44o(7o cx*/a/r'a'Page, 134^r278 O7/12/23 E. Engineer's authority asto Applications for Payment is set forth in Article II 101B Determinations for Unit,Price Work A. Engineer\AAIl determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph I3D5. 10.06 Decisions on Requirements nƒContract Documents and Acceptability oƒWork 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 zndjudgments, Engineer will not show partiality to Owner orContractor, and will not be |)ah|e to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 Limitations un Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this ArtidelO or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking' exercise, or performance of any authority or responsibility by Engineer' will create' impose' or give rise to any duty in contract,tort,or otherwise owed by Engineer to Contractor,any Subcontractor, any Supplier, any other Mividual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise' direct, control, or have authority over or be responsible for Cont/actor's means, methods, techniques' sequences' or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comp� with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of ary Subcontractor, any Supplier, or of any other individual or entity performing any of the Work, D. Engineer's review of the final Application for Payment and accompanying documentation,ar-od all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection� tests and approvals, and other documentation required to be delivered by Contractor under Paragraph 15.06.A' will only be to determine generally that their content comp|iesvvith the requirements of, and in the case of certificates of inspections, tests' and approvals,that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 o|soap[Ay to the Resident Project Representative' if any, 10.08 Compliance with Safety Program A. While atthe Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs of which Engineer has beeninforme6. sJcoc"c'roo'Standard General Conditions v,the Construction Contract. Copyrightm 20 4: National Society of Professional Engineers,American Council of Engineering Companies, and American Society n,Civil Engineers.All rights reserved. Page 45 of 70 sxn|a|T'A'paao 135n,276 07/12/23 ARTICLE 11--CMANGESTO THE CONTRACT 11.01 Amending and 5upp/omenting the Cononct A. The Contract may be amended or supplemented by a Change Order,a Work Change Directive., or Field Crder. B. If an amendment or supplement tuthe Contract includes a change in the Contract Price or the Contract Times,such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that involve (1)the performance or acceptability of the Work, (Z)the design (as set forth in the Drawings' Specifications, or otherwise), or (3) othcr engineering or technical matters, rnUst be supported by Engineer's recommendation. Owner and Contractor mny amend other terms and conditions of the Contract without the recommendation of the Engineer. I1.02 [honge0/deo A. Owner and Contractor shall execute appropriate Change Orders covering: l. Changes in Contract Price or Contract Times which are agreed to by the parties' including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from an Owner set'off, unless Contractor has duly contested such set'uff; 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 1I.05, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under ParaQraph14.07' or (c) agneed to by the parties, subject to the need for Engineer's recommendation if the change in the VVnnk involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph1l.O3.8' resolving the impact of Work Change Directive; Paragraphl1.O9' concerning Change Proposals; Artidel2, Claims; ParaCraphl].O2.D' final adjustments resulting from allowances; Paragraph 13.03.D' final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. 8� If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 1.1.02.A, it will be deemed to be of full force and effect' as if fuUyexect-ted. 1I.03 Work[hongeDirectives A. AVVork 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 v subsequently issued Change Order, following negotiatioms by the parties as to the Work Change Directive's effect' if any, on the Contract Price and [ontractTimes; or, if negotiations are unsuccessful, by a determination under the ternns of the Contract Documents governing adjustments, expressly including Paragraph II.07 regarding change of Contract Price. EJcuc~c-7uo'Standard General Conditions pf the Construction Contract. Copyright"'2018 National Society of Professional Engineers,American Council of Engineering Companies, and American society o,Civil Engineers.All rights reserved. Page 4sv/7n exH/B/T'x'Page 1oso|z/n D. |f Owner has issued a Work Change Directive and: l. Contra--tor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in ContractTimes or Contract Price is necessary,then Owner shall submit any Claim seeking such an adjustment no later than hO days after issuance of the Work Change Directive. ll.04 Field Orders A. Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept o'� the completed Project as a functioning whole as indicated by the Contract Documents.Such changes will be accomplished by a Field Order and will be binding on Owner and also un, Contractor, which shall perform the Work involved promptly. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract 'Fimes' then before proceeding with the Work atissue, Contractor shall submit a Change Proposal as provided herein. 11.05 Om/nep4uthonied Changes/n the Work A. VVithoutimva|idating the Contract and without notice to any surety, Owner may, at anytime or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer's recommendation. 8� Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed asto the effect, if any, of the changes on Contract Times or Contract Price; orby a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of deletion in the VVo/k' promptly cease construction activities with respect to such deleted VVnrh. Added or revised Work must be performed under the applicable conditions of the Contract Documents, C. Nothing in this Paragraph 1I.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in p manner consistent with Contractor's safety ob|igations under the Contract Documents nr Laws and Regulations. 11,06 Unauthorized Chonyez/n the Work A. Cmntractu' shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents' as amended, modified' or supplemented, except in the case of an emergency as provided in Paragraph7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 [honyeof[ontroctPrice A. The Contract Price may only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions ofParagraph I1.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined nsfollows: � EJcoc°c7m0,Standard General Conditions v,the Construction Contract. cnpvngnmao28 National Society of Professional su«inp,n~xmcnmncovnd|v,snoineehoxcvmpvnic,' and American Society",Civil Engineers.All rights reserved. Page 47or7o exn|e/Tvvpvoo1uroro/a I. Where the Work involved is covered by unit prices contained in the Contract Docur-nent5, then by application of such unit prices to the quantities of the items involved (subject to the provisions ofParagraph I3D3); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by mutually agreed lump sum (which may include an allowance for overhe'ad and profit not necessarily in accordance with Paragraph 11.07.C.2); or 3. Where, the Work involved is not covered by unit prices contained in the Contract Docurrents and the parties do not reach mutual agreement to a lump sum, then onthe basis of the Cost of the Work (determined as provided in Paragraph13.Ol) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.07.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit will he determinedasfollows: l. A mutually acceptable fixed fee; or Z. If Mxs6 fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 13.01.B.1and 13.Ol.8.Z,the Contractor's fee will bplSpercent; b. For costs incurred under Paragraph 13.01.13.3,the Contractor's fee will be 5 percent; c, VViere one or more tiers of subcontracts are on the basis of Cost of the Work plus fee and no fixed fee is agreed upon, the intent of ParagraphslID7IIa amW 1L07.C.2.b is that the Contractor's fee will be based on:(1)a fee of 15 percent of the costs incurred under Paragraphs I3O1.B.l and 13.01.8.2 by the Subcontractor that actually performs the Work, at whatever tier,and (2)with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actuaky performs the VVurk' a fee of percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphsl3.Ol.B.4, lS.O1.B.5' and I3.OlI; e. The amount of credit to be allowed by Contractor to Owner for any change which nsu|ts in v net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f� V�hen both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor's fee will be Computed by determining the sum of the casts in each of the cost categories in Paragraph I3.018 (specifically, payroll costs, Paragraph I3.01.8.I; incorporated materials and equipment costs' ParagmphI3.Ol.82; Subcontract costs, ParagraphI}.OI.83; special consw|tamts costs' ParagraphII0l.B.4; and other costs' PoraXraphI3.Ol.B.5) and applying to each such cost category sum the appropriate fee from ParographsII.O7I2.a through 1l�07.[.2.e, inclusive. __- ___—__-___ _______-_' -. ococ"c'7no'Standard General Conditions v,the Construction Contract. Copyrightm 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers.All rights reserved. Page 48 ofm sxn|a|T'A'Page 1naorore 07/12/23 11.08 Change oƒContract Times A. The Contract Times may only be changed bya Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph II.89, Any Claim for a-i adjustment in the Contract Tir-nes must comply with the provisions of Article 12- B. Delay, disruption, and interference in the Work, and any related changes in [on\ractTimes' are addressed in and governed by Paragraph 4.OS. II.09 [hongeProyom`h A. Purpose ord Content: Contractor shall submit a Change Proposal to Engineer to request an adjustmenT in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price' or other proposed relief, and explain the reason for the proposed change' with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or set of closely related issues. B. Change Proposal Procedures l. Submittal:Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price o/ Contract Time (if any), to the Engineer and Owner within I5 days after the submittal of the Change Proposal. a. Change Proposals based on o/ related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.1)and 4.05.E. b, Cf-range proposals related to a change of Contract Price must include full and detailed accounts ofmaterials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3. Engineer's Initial Review: Engineer will advise Owner regarding the Change Proposal,and consider any comments or response from Owner regarding the Change Proposal, If in its diore-Jun Engineer cundudes that additional supporting data is needed before condmcting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit Such additional supporting data by a date specif ed by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4, Engineer's Full Review and Action on the Change Proposal: Upon receipt of Contractor's supporting data (including any additional data requested by Engineer), Engineer wA|| conduct full review of each Change Proposal and, within 30days after such receipt of the Contractor's supporting data, either approve the Change Proposal in whole,deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner, and Contractor. If Engineer does not take action on the Change __ sJcoc°c'700'xtanuw,u a,ncm|Conditions of the Construction Contract. cvpvriuot')zoro National Society v,Professional Engineers,American Council of Engineering Companies, and American Society u,Civil Engineers.All rights reserved, Page«yv/7n sx*/B/r'xpage 13eof278 Proposal within 50day4 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 deenoed denied, thereby commencing the time for appeal of the denial under Article l2. 5. Binding Decision: Engineer's decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim Linder Article 12. C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set fortli in the Drawings, Specifications, or otherwise), the acceptability of the Work, ar other engineering or technical matters' then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal, For purposes of further resolution of such a Change Proposal, such notice will be deerned a denial, and Contractor may choose to seek resolution under the terms ofArticle 12. D. Post-CompWetion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.13. 1110 Notification toSurety A. If the provisions of any bond require notice to be given to a Surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to,Contract Price or Contract Times),the giving of any such notice will be Contractor's responsibiity. The amount of each applicable bond will be adjusted to reflect the effect of any such c-iange. ART|CLE12--[LA|nNS lZM Oo/mc A. Claims Process: The fu||uvving disputes between Owner and Contractor are subject to tbc Claims process set forth in this article: l. Appeads by Owner or Contractor of Engineer's decisions regarding Change Proposals; Z. owner demands for adjustments in the Contract Price or Contract Times, or other relief Linder the Contract Documents; 3. Disputes that Engineer has been unable to address because they do not involve the desicn (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and 4� Subject tothe waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant tn Paragraph I5DG.B. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 50 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under apFeal.The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price' Contractor shall certify that the Claim is made in good faith' that the supportin,gi data are accurate and complete, and that to the best of Contractor's knowledge ococ°c'7m0,Standard General Conditions v,the Construction Contract. Copyright'O 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society p,Civil Engineers.All rights reserved. Page soof7o Exn|e/T'x'Page 14no/crn and belief -,he amount ofhme or money requested accurately reflects the full amount to which Contractor isentitled, C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits, The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for reso|vin8theC|aimbymv,oa|agreement,AUactionstakenona [|aimwiUbcstatodinwrihn5 and submitted to the other party, with a copy toEngineer. D� Mediation l. At anytime after initiation of Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2� |fOwnerand Contractor agree to mediation' then after GO days from such agreement, either Owner orContractor may unilaterally terminate the mediation process' and the Claim Submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful inresolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation' as determined by the mediator. ]. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, swch action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article I7 for final resolution of disputes. F. Denial ofClaim: |f efforts to resolve a Claim are not successful, the party receiving the [|aim maydenyitbygivinXwrittennoticeofdenia| totheatherparty. |fthereceivingpnrtydoes not take action on the Claim within 90 days,then either Owner or Contractor may at any tirne thereafter submit a letter to the other party indicating that as a result of the inaction' the Claim is dEemed denied, thereby cornmencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the proceoure se{forth in Article l7 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim,whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including t4e Work,the Contract Times, or the Contract Price. ARTICLE l3--[O5TOF THE WORK;ALLOWANCES; UNIT PRICE WORK I3.0I Cost ofthe N/nck A. Purposes fior Determination of Cost of the Work: The term Cost of the Work means the surn of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 1.3.01 are used for two distinct purposes: I' To determine Cost of the Work when Cost of the Work is a component of the Contra.,t Price,under cost'p|usfee' time-and-materials, or other cost-based terms; or ........��...�� EJcoc*crm\Standard General Conditions of the Construction Contract. Copyriightw 2018 National Society of Professional Engineers,Arnerican Council of Engineering Companies, and American Society u,Civil Engineers.All rights reserved. Page sz^r7o sxmmT'n Page /41or2ro 07/12/23 l. When needed to determine the value of a Change Order, Change Proposal,Claim,set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except asotherwise may 6e agreed toinwriting by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include uny the following items: 1. PayroU costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemp|oymen/, excise' and payroll taxes, workers' compensation' health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses uf performing Work outside cf regular working hours' on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized byOwner. Z. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner, All trade discounts' rebates, and refunds and neturnsfrom sale of surplus materials and equipment will accrue to Owner, and Contractor shall make p/ovisonsso that they may beobtained. ], Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,which will then determine' with the advice of Engineer, which bids' if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee will be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01, 4. Costs of special consultants (including but not limited to engineers, architects' testing |ahorctohes' surveyors, attorneys, and accountants) employed or retained for services specifcaUy related to the Work. 5. Other costs consisting of the following: a. The proportion of necessary transportation, tevc|' and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance,of all materials,supplies,equipment, mmchinery' appliances, office, and temporary facilities at the Site, which are ococ°c'rm\Standard General Conditions of the Construction Contract. CopyrigWO 20,m National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers.All rights reserved. Page szm7o exn|on'A'panc 1*2w278 O7/12/23 consumed in the performance of the Work, and cost, less market value, of such iterns used but not consumed which remain the property of[wntracio�. l) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life, of the material for use on other projects;orrental rates may be established onthe basks of purchase or salvage value of such items, whichever is less. Contractor will ncrt be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 1) Rentals of all construction equipment and machinery' and the parts thereof, in accordance with rental agreements approved by Owner astn price (including arty surcharge or special rates applicable to overtime use of the construction equipment ormachinery)' and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment' machinery' or parts must cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor-related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect toWork that is the result of Change Order, Change Proposal, Claim, set'off, ur other adjustment in Contract Price ("changed Work"), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof isno longer necessary for the changed Work. d, Sades, consumer, use, and other similar taxes related to the Work, and for which Contractor isliable, 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 (end related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the VVn/k (except losses and damages within the deductib4e amounts of builder's risk o/other property insurance established in accordance with Poragraph6.O4)' provided such losses and damages have resulted from causes other tlan the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No Such |mses' damages, and expenses will be included in the Cost of the Work for the put-pose nf determining Contractor's fee. - EJcoV'c7nu Standard General Conditions nf the Construction Contract. Copyright�2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v/Civil Engineers.All rights reserved. Page 53,^,7n EXHIBIT n Page,14no/zra O7/12/23 g. The Cost of utilities,fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work, i The Costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded:The term Cost of the Work does not include any of the following items: I. Payroll costs and other compensation of Contractor's officers, executives' principals, genere| managers, engineers, architects, estimators, attorneys' auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for gemera| administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01B.I or specifically covered by Paragraph 13.01.8.4. The payroll costs and other compensation excluded here are to he cunisidened administrative costs covered by the Contractor's fee. J, The cast of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor's principal and branch offices otherthan Contractor's office atthe Site. 4. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. S. 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 VVo/k' disposal of materials or equipment vvrongfy supplied, and making good any damage to property. G. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item no» specifically and expressly included in Paragraph l3.Ol.B. D. Contractor's Fee 1. When the Work as a whole is performed on the basis ofcost'p|us'a'fee, then: a. Contractor's fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. fmr any Work covered by a Change Order, Change Proposal, Claim, set-oh[ or other adjustment in Contract Price on the basis of Cost of the Work, Contractor's fee will be determined as follows: l) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph ll.O7I2. 2. When the Work as a whole is performed on the bads of stipulated sum' or any other basis Other than cost.-p I us-a-f ee,then Contractor's fee for any Work covered by a Change EJcoc'Ic-ron'Standard General Conditions uf the Construction Contract, onpy,io»tw znzo madv""|ovdrry of Professional Engineers,American cvvnd|of Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page sovf7n exH/a/T'A'Page 144orarn Order,Change Proposal,Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13,Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access' during normal business hours, tu all Contractor's accounts, records, books, corresponcle rice, instructions, drawings' receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and ContrEctor's fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor, 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and bysuch persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: l. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment /equired by the allowances to be delivered at the Site, and all applicable taxes; and 2. [ontrectu/s costs for unloading and handling on the Site, labor, installation, overhead' profit, and other expenses cnntemp|ated for the cash allowances have been included im the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will bevalid, C. Owner's Contingency Allowance: Contractor agrees that an Owner's 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 due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. I3.03 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 sunm of the unit price for each separately identified item of Unit Price Work times the estimated quantity nfeach item as indicated in the Agreement. B. The estimated quantities nf items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be cleerned to include an amount considered by Contractor to be adequate to cover Contractor's over-head and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment o/ otherwise). Engineer's written decision EJcoc11c'7oo.Standard General Conditions v,the Construction Contract. Copyright�2032 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page ssvfro sxn/o/r'A'paeo 145of278 the/eonvvi0 be final and binding (except as modified by Engineer no reflect chan8edfactua| conditions or rnare accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E. Adjustments in Unit Price l. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item ofUnit Price Work if: a. thequantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. Contractor's unit costs to perform the item of Unit Price Work have changed materially and significantly asa result of the quantity change. 2. Thead'� stment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor's costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and [onkacor. 3. Adusted unit prices will apply tn all units of that item. ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, EnCineer' their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection' and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and prograrns so that they may comply with such procedures and programs as applicable. I4.02 Tests, Inspections, ondApprovmb A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof)fcYr all required inspections and tests,and shall cooperate with inspection and testir-C personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector' testing laboratory, or other qja|ificd individual or entity tu perform all inspections and tests expressly required by the Cor-tract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of ParagraphI4.OS. [� If Laws or Regulations of any public body having jurisdiction require any Work(or part thereof) specifically to be inspected, tested' or approved by an employee o/ other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspectioms. tests' or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection orapproval. EJcuc"c-7no'Standard General Conditions o,the Construction Contract, Copyright"2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society m Civil Engineers.All rights reserved. Page ssvf7o sxn/a/T'A'Page '1«so,zro D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests nequi-ed: l. by the Contract Documents, unless the Contract Documents expressly allocate respomsibi|ity for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for tes-.ing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors,testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the [nno'act Documents require the Work (or part thereof) to be approved by Owner' Engineer, or another designated individual or entity, then Contractor shall assume fuN respondbiity for arranging and obtaining such approvals. F. |f any Work (or the work of others)that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer,uncover such Work for observation,Such uncovering will be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. I4.03 Defective Work A. Contnocto/s O60got/on: |tisContractor's obligation toaoure that the Work is not defective, B. Engineer's Authority: Engineer has the authority to determine.whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given toContractor. D. Correction,or Removol and Replocement�Promptly after receipt of written notice of defecti,,,e Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is riot defective, E. Preservoti,)n of Worrunties: When correcting defective Work, Contractor shall take no acticn that would void or otherwise impair Owner's special warranty and guarantee' if any, on said VVo/h. F� Costs ondl)omogez: In addition to its correction, removal, and replacement obligations with respect to defective Work Contractor shall pay all claims, costs' losses, and damages arising out of or relating to detective Work, including but not limited to the cost of the inspection' testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied agsinstOwner by governmental authorities because the Work is defective, and the cogs of repair or replacement of work of others resulting from defective Work. Prior to final payment,if Owner and Contractor are unable to agree as to the measure Of Such clainis,costs, EJcoc°c'rm\Standard General Conditions u,the Construction Contract. Copyright`i"2032 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page s7m7n Exme|Tn'Page mro,zrx 07/12/23 losses, anc damages resulting from defective VVork, then Owner may impose a reasonable set-off against payments due under Article l5. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of' defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment,to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractcr 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 astn reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior tofinal payment' the necessary revisions in the Contract Documents with respect tothe Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Artic|elS. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer [-as the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary tothe written request of Engineer' then Contractor shall, i/ requested by Engineer, uncover such Work for Engineer's observation' and then rep|acethe covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, o/otherwise make available for observation, inspection' or testing us Engineer may require' that portion of the Work in question, and provide all necessary labor, material, amd equipment. L |fi\ is found that the uncovered Work is defective, Contractor shall be responsible for all claims,costs, losses,and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor's fv|| 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 increanein the Contract Price uran extension of the Contract Times' directly attributable to such uncovering' exposure' observation' inspection, testing' replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof,then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the VVn«k is defective, or Contractor fails to supply sufficient skilled workers or suitable materials urequipment, or fails to perform the Work in such a way that the completed VVnrk will conform to the Contract Documents,then Owner may order Contractor to stop the Work, s/coc°c'7no'Standard General Conditions vf the Construction Contract. Copyright'zoxo National Society n,Professional Engineers,American ovwnd|of Engineering Companies, and American Society m Civil Engineers.All rights reserved. Page*uv,7n sxn/a/T'A'paoe 148nr27e O7/12/23 or any portion thereof, until the cause for such order has been eliminated; however-,this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual of entity, or any surety for, or employee or agent of any ofthem. I4.07 Owner May Correct Defective kVo/6 A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work' or to remove and replace defective Work as required by Engineer, then Owner may,after 7 days'written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Para8raphI4.O7, Owner shall proceed expeditiouS|y. In connection with such corrective urremedial action' Owner may exclude Contractor from a I I or part of the Site, take possession of a I I or part of the Work and suspend Contractor's services related thereto' and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, Contractor shall allow Owner, Owner's representatives' agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access tothe Site to enable Ovmertu exercise the rights and remedies under this paragraph. [ All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraphl4.O7 will be charged against Contractor as set-offs against paVmeots due under Article l5. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, orrep|acement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner ofOwner's rights and remedies under this Paragraph l4.O7. ARTICLE 15--PAYK8EKQSTO CONTRACTOR;SET'OFFS;COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Bosisfor Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraphl3.U]. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applicotions for Payments I� At|eaut2O days before the date established in the Agreement for each progress payment (but riot 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 cump6eted as of the date of the Application and accompanied by such supporting documentation asis required by the Contract Documents. Z. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored atthe Site oratanother location agreed to in writi �,.' the Application for Payment must also be accompanied by: (a) a bill ofsak�' invoice, copies of subcontract or purchase order payments, or other documentation - ----- --------- ----------- EJcoc°c'7u0,Standard General Conditions u,the Construction Contract. Copyright'o 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page syv,rn sxx/e|T'x'paoe1*ev/a7n establishing full payment by Contractor for the materials and equipment; (b) at Owner's request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner 3. 8eRinming with the second Application for Payment, each Application must include an affida\At of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 4. The amount ofretainage with respect to progress payments will be as stipulated in the Agreement. C. Review ofApplications l. Engineer will,within 10 days after receipt of each Application for Payment, including each resubnitta|, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment In the latter case' Contractor may make the necessary corrections and resubmit the Application. 2� Engineer'srecommendatiunofanypaymentrequestedinanApp|icationharPaymentwQ| constitute representation by Engineer toOwner, 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: a. the Work has progressed to the point indicated; b. thp quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Sui,bstantia|Completion, the results of any subsequent tests called for in the Contract Do-cuments,a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); ard c. the conditions precedent toContractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matter's or issues between the parties that might entide Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. _ EJcoc'1'c-700 Standard General Conditions of the Construction Contract. cnnvrightmznzn National Society vr Professional snginaen'omc,ip,^cound[vrcngin,,nn«cvmpanirs, and American Society v,Civil Engineers.All rights reserved. Page sumro Exmenvv Page 1soorc/a O7/12/23 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payme,,lts nor Engineer's recommendation of any payment, including final payment, will impoSe responsibility onEngineer: a. to supervise, direct, or control the Work; b. for the means, methods, techniques' sequences, or procedures of construction, of, the safety precautions and programs incident thereto; c. for Contractor's failure to comply with Laws and Regulations applicable to Contrac(o/s performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that tide to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recornmend the whole or any part of any payment if,in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Para8r3phI6.01I2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work isdefective, requiring correction orreplacement; b� the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07' or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental [mmdition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment BecomesDue I. Ten days after presentation ofthe Application for Payment to Owner with Engineer's reconmnendat)un'theamountrecommended(subjecttoany0wnerset'offs)wi|| become due, and when due will be paid by Owner tuContractor. E. Reductions/n Payment byOwner l. In adc0tion to any reductions in payment (set-offs) recommended by Engineer' Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on Contractor's conduct in the performance or furnishing of the Work, o/ Owner has incurred costs, losses, o, damages resulting from Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries' adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; ecoc*c'mv'Standard General Conditions v,the Construction Contract. Copyrightco 201B National Society of Professional Engineers,American Council of Engineering Companies, and American Society n,Civil Engineers.All rights reserved. Page nz"f7n sx*m|T'x`paga1s1 ",ara 6. Contractor has failed to take reasonable and customary measures to avoid damage-, dea\\ disruption, and interference with other work ator adjacent tu the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d� Owner has been required to remove or nemodiate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews' evaluations of proposed substitutes' tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work isdefective, requiring correction orreplacement; g. Owner has been required to correct defective Work in accordance with Paragraph I4.07, or has accepted defective Work pursuant to Paragraph 14.04; h� The Contract Price has been reduced by Change Orders; i. An event has occurred that Would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor's failure to achieve Milestones,Substantial Completion, or final completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered n specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or i Other items entitle Owner to a set-off against the amount recommended. 2. |fUwrer imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer' Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action andth�e spedhk amount of the reduction' and promptly pay Contractor any amount remaining after clleduction of the amount so withheld. Owner shall promptly pay Contractor the amount so vvithhe|d, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly Submits a Change Proposal contesting the reduction. l Upon a subsequent determination that Owner's refusal of payment was not justified,the amount wrongfully withheld will be treated as an amount due as determined by Paragraph I5.01.D.I and subject to interest as provided in the Agreement. I5.02 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 dear of (1) all Liens and other title defects, and (Z) all patent' licensing, copyright, or royalty obligations, no later than 7 days after the time ofpayment by Owner. 15.03 SuboMznt/u/Ozmp/ehon A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer- issue a certificate of Substantial Completion. Contractor- shall at the same time - ____ ___ ococ`1 C-7ou'Standard General Conditions of the Construction Contract. Copyright'20*:National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page a2m7n EXHIBIT'A'Page/nzu,27o submit to Owner arid Engineer an initial draft of punch list items to be completed or corrected beforefina| payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. if Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will Mx the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate o/ attached punch list. if, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractorin writing thatthe 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 mfSubstantial Completion (with a revised punch list mf items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completio,i, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insumnce, maintenance, heat' and utilities upon Owner's use o/ occupancy of the Work, E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior tofinal payment In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after,the date of Substantial [omp|etimm subject to allowing Contractor reasonable access to remove its property and complete or correct items onthe 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, car which Owner, Engineer, and Contractor agree constitutes a separately functioning and unable part of the Work that can be used by Owner for its intended purpose without sJcoc°c'7no,Standard General Conditions o,the Construction Contract cunv,ixxe, zoa National Society p,Professional Engineers,American Council u,Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page sso,ro ExH/en'A`pooc 153v,278 significant kiterference with Contractor's perforrnance of the remainder of the Work,subject to the following conditions: l. At any time,Owner rnay request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner and Engineer"viUfoUovvthe procedures of Paragraph lS.03.A through I5.O3ffor that pairtofthe VVurk. I At anytime' 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 ShM make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will nc-tify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially comp|ete, the provisions of Paragr,-aph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of ParagraphG.O4 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon writtennotice from Contractor that the entire Work oran agreed portion thereof is complete, Engineer will promptly make afinal inspection with Owner and Contractor and will notify Con-,.ractor in writing of all particulars in which this inspection reveals that the Work,or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment I. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents' all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates nfinspection, annotated record documents (as provided in Paragraph 7.12)' and other documents' Contractor may make application for final payment. 2, The final Application for Payment must be accompanied (except as previously delivered) by: a. al, documentation called for in the Contract Documents; b. consent of the surety, if any, tofinal payment; c sztisfactory evidence that all title issues have been resolved Such that title to all Work, materials, and equipment has passed to Owner free and clear ofany Liens or other title defects, or will so pass upon final payment. _____ eycoc11c'7no.Standard General Conditions v,the Construction Contract. Copyrightw 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page s«v/7o EXHIBIT'A'Page 1n*o[zra d. a list of all duly pending Change Proposals arid Oaims; and e' complete and legally effective releases orwaivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. ]. in lieu of the releases or waivers of Liens specified in Paragraph 15.06,A.2 and as approved by Owner,Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a)the releases and receipts include all labor, services, material, and equipment for which Lien could befi|ed� and (b) aU payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. if any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien' or Owner at its option may issue joint checks payab|eto Contractor and specified Subcontractors and Suppliers. B� Engineer's Review of Final Application and Recommendation of Payment: If, on the basis of Engineer'sobservation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor"s other obligations under the Contract have been fulfilled, Engineer will, within 10 days after receipt of the final Application for Payment, indicate in writing Enginee/"s recommendation of final payment and present the final Application for Payment to Owner for paymeot. Such recommendation will account for any set-offs against payment that are necessary n Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments.Otherwise, Engineer will return the Application for Payment to Contractor', indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Notice of Acceptability: In support of its recommendation of payment of the final Applicatioc for Payment, Engineer will also give written notice tu Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Panagraphl507. D, [omp/otioi of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment and iouarceof notice of the acceptability of the Work. E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum towhich Owner is entitled, including but not limited to set'offsfor liquidated damages and set'offsaUowed Linder the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner's receipt of the final Application for Payment from Engineer. 15.07 Waiver ofClaims A. By making final payment' Owner waives its claim or right to liquidated damages or other darnages for late completion by Contractor, except as set forth in an outstanding Claim, ococI�c'7on.Standard General Conditions v/the Construction Contract. Copyrightw 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page ssv,7o cxn/a/T'A'Page 1ssu/2/e O7/12/23 appeal under the provisions of Article 17, set off, or express reservation of rights by Owner, Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted asa Claim, o/appealed under the provisions of Article 17. 15.08 Correction Period A. If within ore year after the date of Substantial Completion (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor's repair of any clarnages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: l. correct the defective repairs to the Site or such adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures, B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or relpaio is defective. If such notice is given within such 60 days but after the end of the correction period' the notice will be deemed a notice of defective Work under Paro8raph7.l7.B. C. If, after receipt of a notice of defect within 60 Jays and within the correction period, Contractor does not promptly comply with the terms of Owner's written instructions,or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers,architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to Such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work ofothers). Contractor's failure to pay Such costs, losses, and damages within lQdays of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.0LB, such that any related Claim Must be brought within 30 days of the failure to pay. D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run f/onnan earlier date ifso provided in the Specifications. E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced underthis paragraph,the correction period hereunder with respect to such VW)rk will be extended for an additional period of one year after such correction or remova| and replacement has been satisfactorily completed. eJcoc~c'7nn'Standard General Conditions v,the Construction Contract. covyngmm znzB National Society n,Professional Engineers,American Council of Engineering Companies, and American Society uvCivil Engineers.All rights,r,cmou. Page aon,7o exnisn'A'paou 156or27e F. Contractor's obligations under this paragraph are in addition to all other obligations and warranties,. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of,-,he provisions of any applicable statute of limitation or repose. ARTICLE l6—SU5PENSIONOF WORK AND TERMINATION I6.0I Owner May Suspend Work A. At anytime and without cause' Owner may suspend the Work or any portion thereof for a period of not more than 90consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed.Contractor shall resume the Worik on the clate so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption ofWork. 16.02 Owner May 7eirm/npte for Cause A, The occur'ence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: l- [untrector's persistent failure to perform the Work in accordance with the Contract Documments (including, but not limited to, failure to supply sufficient skilled workers or suitab e materials or equipment, or failure to adhere to the Progress Schedule); 2� Failure uf 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 orEngineer. B. If one or more of the events identified in Paragraph1G.OZ.A occurs' then after giving Contractor (and any surety) 10 days' written notice that Owner is considering declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1. dec|ane Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and Z. enforce the rights available to Owner under any applicable performance bond, C. Subject to the terms and operation of any applicable performance bond' if Owner has terminated the Contract for cause' Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. U. Owner may not proceed with termination of the Contract under Paragraph 16.02.8 if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in ParaXraphI6.02.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 darnages(including but riot limited to all fees and charges of engineers,architects, eJCoc°c'7no'Standard General Conditions v,the Construction Contract. Copyrightm 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society v,Civil Engineers.All rights reserved. Page o7of7n EXHIBIT'A'Page 1s7o/z7n 07/12/23 attorneys and other professionals) sustained by Owner-, such excess will be paid to Contractor |f the cost to complete the Work including such related claims, costs, losses, and damages ewceeds such unpaid balance, Contractor shall pay the difference to Owner. Such daims, ruso, |osses, an6damagesincuredbyOwnerwiUbereviewedbyEn0ineerastotheir reasonableness and, when so approved byEngineer, incorporated in a Change Order. When exercising anyriXhtsorremediesunderthisparagmph, OvvnershaUnctbeequiredtoobtaim the lowest�price for the Work performed. F. Where Contractor's services have been soterminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond.Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs IGU2.B and I6.0Z.D. 16.03 Owner May Terminate for Convenience A. Upon 7 dE.ys' vvrinLen notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy ofOwner, terminate the Contract. In such case' Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination,including fair and reasonable sums for overhead and profit on such Work; Z. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents ill connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable totermination, including costs incurred tuprejarea termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue' post-termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 Contractor Mny Stop Work orTerminate A. if, through no act or fault of Contractor, (l) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or(3) Owner fads for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 days' written notice to Owner and Engineer' and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy' if Engineer has failed to act onan Application for Payment within 3O days after itissubmitted, or Owner has failed for 3Odays to pay Contractor any sum finally determined to be dme' Contractor may, 7days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The _ _ ococ'1c-700'smnuv,daenem|cvnditivn,o/thrcvnm,vctioncvnt,act. conv,i«htOzozm National Society v,Professional Engineers,American Council uf Engineering Companies, and American Society o,Civil Engineers.All rights reserved. Page oon,ro sxn|e|rWpaoe1snorro provisions of this paragraph are not intended to preclude Contractor from submitting e Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17--F|NALRESOLUT|ON OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Rno/ Resolution: The following disputed matters are subject to final resolution inder the provisions of this article: l. A time!,y appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has beer) made. B. Fino/Reso/ubon of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may: I. elect in writing to invoke the dispute resolution process provided for in the Supp|eimentary[onditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court o[competent jurisdiction. ARTICLE 1B--MISCELLANEOUS I8.0I Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: I. in person, by a commercial courier service or otherwise, to the recipient's place of business; 2. by registered or certified mail, postage prepaid, to the recipient's place of business; or 3. bye'mai|tutherecipient'whhtheww/ds^Fu/mu|Nohce^orsimi|arinthee'moi[ssubject line, I8.02 Computation o/Times A. When any period of time is refer-red to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdicti(Xi, such day will beomitted from the computation. EJcoc1c-7nn'Standard General Conditions n,the Construction Contract. Copyright'2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society vf Civil Engineers.All rights reserved. Page ayvf7n exn|o|T'A'pvom1o9o/uro 18.03 Cumulative Remedies A. The duties ind obligations imposed by these General Conditions and the rights and rernedies available hereunder tothe parties hereto are in addition to, and are not to be construed in any way as limitation of, any rights and remedies available to any or all of them which are otherwise �nposed or available by Laws or Regulations, by special warranty orguarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right' and remedy to which they apply. 1.0.04 Limitation ofD�imogcs A. With respect to any and all Change Proposals, Claims,disputes subject to final resolution,and other mat-ers at issue, neither Owner nor Engineer' nor any of their officers' directors, members' partners, employees, agents, consultants, or subcontractoo' shall be liable to Contractor for any claims, costs' losses, or damages sustained by Contractor on or in connection with any other project oranticipated project. 10.05 No kVw/mer A� Aparty'snon'enforcementofanyprovisionvvi|| notconstituteawaivernfthaiprovision, nor will it affect the enforceability of that provision or of the rernainder of this Contract. 10.06 Survival ofOb/gnbons 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 terminatior of the Contract orof the services ofContractor, 18.07 Controlling Low A. This Contract is to be governed by the law of the state im which the Project islocated. 18.08 Assignment cƒContract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation,money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by |avu)' 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. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants,agreements, and obligations contained in the Contract Documents. 18.I0 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJcoc°c'7on'Standard General Conditions of the Construction Contract. Copyrightm2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society n/Civil Engineers.All rights reserved, Page 7nv,rn EXHIBIT'A'Page 1sno,z/o O7/12/23 SUPPLEMENTARY CONDITIONS EXHIBIT'N Page 161 of 278 07/12/23 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS ARTICLE PAGE NO, I Definitions and Terminology GC-0O8OO'1 2 Preliminary Matters. SC—OO8OO'2 3 Contract Dooumants� Intent, Amending, Reuse ....... SC—OO8DQ-2 4 Commencement and Progress of Work. .----. SC—OU80Q'3 5 Availability of Londa� Subsurface and Physical Conditions; Hazardous ' SC—OO8DQ-4 Environmental Conditions ....... -------......... ........ ......... — 6 Bundnond }nnuranoe —------------------------- SC-8O80O'G 7 Contractor's Responxibi|ihen ....... ............. ......... -----------' 8C—OO8OU'11 8 OtherVVorkedtheShe ——----------------------- SC—OU80O'13 Q Owner's Responsibilities ------------------------' SC—OO8UO'14 10 Engineer's Status During Conutruohon—'—., SC—U08OO-14 11 Amending the Contract Ooouments� Changes in the Work ....... 8C—OU8OO'15 12 C1ahns—.... --........... -----------............--- SC-0OG8O-15 13 Cost of the Work; Allowances; Unit Price Work.'---------- -- SC—OO8OO'15 14 Tests and Inspections; Correction; Removal or Acceptance of Defective Work... SC-0J8U0-16 15 Payments to Contractor; Set-Offs CornaoiouPehmd------------ GC—OO80O'16 16 SuoponaionufVVorkandTenninaMon-------- SC- 0080O'17 17 Final Resolution of Disputes....... ------------------ ...... 3C— O0OOO-17 18 Miscellaneous Gc— OO8OO'18 emmIT'A'Page 163m278 U7/12C23 SUPPLEMENTARY CONDITIONS GENERAL These Supplementary Conditions amend or supdement the Standard General Conditions of the Construction Contract (EJCOC C'700, 2018 Edition). All provisions which are not so emended mr supplemented remain im full force and effect. The terms used in these Supplementary Conditions will have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated be|nw/, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions ia the same as the address system used in the General Conditions, with the prefix ''SC'' added thereto. ARTICLE 1 —DEFINITIONS AND TERMINOLOGY SC' i.Oi Delete subparagraph 1,01.A,18 in its entirety and insert the following in its place. 18, Drawings The part of the Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by the Contractor, as defined in the Agreement, Delete subparagraph 101.A.46.cin its entirety and insert the following in its place. c. Information and data regarding the presence or location of Underground Facilities are not intended tobe categorized, identified, or defined as Technical Data. Delete subparagraph 1.01.A.47 in its entirety and insert the following in its place. 47. Underground Facilities—All active or not-in-service underground |inea, pipe|inao, oonduits, duotu, encauements, oob|en, wineu, manho|es, vau|to, tanho, tunne|a, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, tnsnamh, w'7stribute, ur convey telephone nr other communications, cable helevision, fiber optic tnsnamiaaionn, power, electricity, light, heat, gooeu, oi|, crude oil products, liquid petroleum pnzduds, water, steam, woste, wastewater, storm water. other liquids or chemicals, or traffic or other control systems. Delete subparagraph 1.01,A.49in its entirety and insert the following in its place. 48. 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, aemioen, and documentation necessary to produce such construction; furnishing, inata||ing, and incorporating all materials and equipment into such construction, and may include related services such an haudng. Start'up, and oommioaioning, all as required by the Contract Documents. Add the following paragraphs after paragraph 1�O1.A.5O: 51� Lump Suru—A single price quoted for completing the Work. Also known as stipulated SLIM. 52. Project Wnuel—The written documents prepared for, or made available for, procuring and constructing the VVork, including but not limited to the Bidding Documents or other construction pnoounanon1 dooumon\s, geotechnico| and existing conditions information, the Agreement, bond forms, General Condidons, Supplementary Conditions, and Specifications, The contents of the Project Manual may be bound in one or more volumes. Donohue &Aoaodetes. Inc. SUPPLEMENTARY CONDITIONS Project No. 13860+A8 sxme|r'A'p*uo/asu,uru 0080C'1 U7/12/23 bJ. Startup ' Coordinated operation of facilities by the Contractor, Subcontractors, Suppliers, and Owner after installation and testing are complete and operation and maintenance data has been submitted and approved. Startup in considered complete when, in the opinion of the Engineer, the facilities have properly operated for 7 continuous days without significant interruption. ARTICLE 2—PRELIMINARY MATTERS 8C-2.01 Delete Paragraph 2.01.C. in its entirety. SC '2.02 Delete paragraph 2.02.A. in its entirety and insert the following in its place: A Owner aheU| furnish to Contractor one (1) printed or hard copies of the Project Manual and one (1) printed or hard copies of half-scale Uuawinga, and one copy in electronic portable document format (PDF). Additional copies will be furnished upon request at the coot cf reproducticn, B. One set of Drawings in AuVoCAD electronic format will he provided to the Contractor. ARTICLE 3—OOCUK0ENTS: INTENT, REQUIREMENTS, REUSE GC-3.V1 Delete Paragraph 3.O1B. in its entirety and replace it with the following: B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any |abor, dooumentadon, oomioea, matoho|n, or equipment that reasonably maybe inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. SC—3.03 Delete paragraph 3.03/\.3. in its entirety and ep|one it with the following: J, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, emnhiguhy, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. SC-3.04 Add the following Subparagraph after paragraph 3.O4.A: 1. A request for written interpretation or clarification of the Contract Documents shall be mobmiUedon the Request for Information (RF|) form provided in the Appendix of this Project Manual. 8UPPLEW1ENTARYCQNO|T|ONS Donohue &Associates, Inc. 00 73 0O'2 ex*/o/T'A'Page 1unvfzro Project No. 13860'/\8 ARTICLE 4—COMMENCEMENT AND PROGRESS Of THE WORK SC '4.U1 Delete the last sentence of paragraph 4.O1.A. in its entirety and insert the following in its place: In no event will the Contract Times commence to run later than the 851^ day after the day of Bid opening or the 301h day after the Effective Date of the Agreement, whichever date, is earlier. SC-4.05 Delete paragraph 4,05,4`in its entirety and replace with the following: A, If Owner, Engineer, or other contractors or utility owners performing work for the Owner as contemplated by Article 8, or anyone for whom Owner is responsible de|ayo, dinmpts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitab8e adjustment in the Contract Times, Such on adjustment shall be Contractor's sole and exc|usve remedy for the de|sya, dinruphon, 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 ee provided for in paragraph 17.01 Contractor shall make no Claim for damages aa delay in the performance of the Work occasioned by acts or neglect by Owner or any of its representatives, including Engineer, or because of any injunction which may be brought against Owner or its representatives, including Engineer, and agrees that any such claim shall be fully compensated for by an extension of time in an amount equal to the time lost due to such de|ay, and that such time extension shall ba Contractor's sole and exclusive remedy for such delay. Add the following as paragraph immediately after paragraph 4.05.C4: 5. Weather-Related Oo|ayo a. If ^abmonne| weather conditions" as set forth in Paragmph4.U5.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: 1) 1hot weather conditions were abnormal for the period nf time in which the delay occurred, 2) that such weather conditions oou|d not have been reasonably anticipated, and 3) that such weather conditions had an adverse effect on the Work aascheduled. Delete paragraph 4.05,Oin its entirety and replace with the following: O, Contracto/oandtkament toon adjustment of Contract Times io limited asfollows: 1� Contractor's entitlement to an adjustment of the Contract Times is conditioned on the de|ay, dinrupdon, or interference adversely affecting an activity on the uhdca| psdb to completion of the Work, as of the time of the delay, disrupdon, or interference, 2� Contractor shall not be entitled to an adjustment in Contract Times for any deimy, dinru[timn, or interference if such delay is concurrent with a du|ay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor uUoU not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times are subject 0o the provisions of Article 11 Delete paragraph 4.OE.E in its entirety and replace with the following: Oonuhuo &Associates, Inc. SUPPLEMENTARY CONDITIONS Project No. 13860+48 sxH|envvpooc1urofz/e 80800'3 O7/12/23 E Each Contractor request or Change Proposal seeking an increase in Contract Times must be supplemented by supporting data that sets forth in detail the following: 1� The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruphon, or interference began to affect the progress of the Work; 3. The dsta upon which each cause of delay, diom[dion, or interference ceased to affect the progress of the Work; 4� The number ofdays' increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference, Contractor shall also furnish such additional supporting documentation as Owner orEngineer may require inc|uding, where appropriate, o revised progress schedule indicating all the acbviheoa�feoted by the delay, disruphun, or interference, and an explanation of the effect mf the dm|ay, diaruphon, or interference on the nrihom| path to completion of the Work. Add the following paragraphs immediately after paragraph 4.O5.G: H, Contractor must submit notification to Owner and Engineer of a potential delay which results in an aciuotment in Contract Times under this paragraph within 10 days of the commencement of the delaying, disrupting, or interfering event, |. Owner, Emgineer, and their offioem, dirochom, memborn, partnero, employees, aganto, conau|tontm, or subcontractors shall not be liable to Contractor for any claims, costs, |oawes, or damages (including but not limited to all fees and charges of engineern, enchiVsoto, ottorneyn, and other professionals and all court o/ arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 5—AVA|LAz|L|TY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; ' ' HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.O3 Add the following new paragraphs immediately after paragraph 5.03.O.� E� The following table lists the reports of explorations and tests ofsubsurface conditions at or adjacent to the Site that contain Tenhnica| Data, and specifically identifies the Technical Data in the report upon which Contractor may rely: None. F, The following table lists the drawings ofexisting physical conditions ator adjacent tothe Site, incuding those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Faoi|idee), that contain Technical Data, and specifica ly identifies the Technical Data upon which Contractor may rely: None. SC—S.O4 Delete paragraph 5.04,E3 in its entirety and replace it with the following. 3, If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent mf any adjustment in the Contract Price nr Contract Times, then any such adjustment shall be set forth in e Change Order, However. neither Owner or Engineer, or any of their SUPPLEMENTARY CONDITIONS Donohue &Associates, Inc. OO 730Q-4 ex*/e|Tvrpoo*1eeo/27a Project No. 13860-A8 O7/12/23 officers, directors, members, partners, employees, agents, consultants, orsubcontractors shall be |kab|e to Contractor for any claims, costa, |oasao, or damages (including but not limited to all fees and charges of enginoers, onchitezts, 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.E.4 in its entirety and replace it with the following: 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 10 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface mc physical ncndihoninquestion. SC-5.05 Delete Paragraph 5O5.13 in its entirety and replace it with the following: 8� 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 Documento, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner ofsuch Underground Facility and give written notice to that owner and to Owner and Engineer, Delete Paragraph 5,05,C in its entirety and replace it with the following: 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 Douumenta, or was not shown or indicated with reasonable accuracy,- obtain any pertinent cost or schedule information from Contractor; prepare nacommendadona8u Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the exten\, if any, to which e change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owcerin writing mf Engineer's findings, condusiona, and recommendations. During such time. Contractor nho|| be responsible for the safety and protection of such Underground Facility. Delete Paragraph 5.051.2 in its entirety and replace itwith the following: 2� If Owner and Contractor agree regarding Contractor's entitlement to and the amount orextent of any adjustment in the Contract Price or Contract Times, than any such adjustment shall be set forth in o Change Order. However, neither Owner or Engineer, or any of their officers, direo{ors, mambem, partnero, emp|oyeeo, agento, conau|tan1a, or subcontractors shall be liable to Contractor for any claims, costs, |nnoes, or damages (including but not limited to all fees and charges ofengineers, archiheots, mttorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project oranticipated project. Delete Paragraph 5.05.F.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, no later than 1O days after Omme/o issuance of the Owner's written statement to Contractor regarding the Underground Facility inquestion, Delete Paragraph 5.05.F.4in its entirety and replace it with the following: Donohue&Associates, Inc. SUPPLEMENTARY CONDITIONS Project No. 13860,48 sxma/r;vPane 1eem2/8 00880'5 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site ia based on information and data (a)furnished bythe owners of such Underground Fad|ihes, or by others, (b) obtained from available nanurdo. or (o) gathered in field investigations, If such information or data is incorrect or innomp|ete. Contractor's remedies are limited tothose set forth in this Paragraph 5.05.F. SC-5.D8 Add the following new paragraphs immediately after paragraph 5.08,A.2: 3. The following lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may na|y� None. 4, The following |io1a the drawings known to Owner na|odng to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely: None. Delete Paragraph 5.06,G in its entirety and replace it with the following: G. |f Owner and Contractor cannot agree as to entitlement hzoron the amount orextent, if any, of any adjustment in Contract Price or Contract Times, as nsou|t of such Work stoppage or such special conditions under which VVodh ie agreed \o be resumed by ContraoVur, or any costs or expenses incurred in response to the Hazardous Environmental Condition, them within 10doys of Owner's written notice regarding the resumption of Work, Contractor may submit e Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment issubject to the provisions of Pacagropho4.O6.O, 4�O5�E. 11.07. and 11.08, ARTICLE G—BONDS AND INSURANCE SC-8.U1 Add the following language at the end of paragraph 6.O1 E: In addition, Owner will make no further progress payments under the Agreement until Contractor complies with the provisions of this paragraph. 8C—G.O2 Delete subparagraph 6.02.N in its entirety and replace it with the following: N. All the pdicies of insurance required to be purchased and maintained under this Contract will contain e provision or endorsement that the coverage afforded will not be osnoe|ed, or renewal refuned, until at least 30 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written nodne, the purchasing policyholder oha|l provide a copy of the notice to each other insured and Engineer. SC—G.03 Add the following language immediately after paragraph G.03.C� SUPPLEMENTARY CONDITIONS Donohue &Associates, Inc. 007300'6 EXHIBIT'a'Page 1rovr27e Project No. 138G0-48 O7/12/23 D. Workers' Compensation and Employer's Liability: Contractor shall purchase and maintain workers' compensation and employer's liability insurance, including, as applicable, United States Longshoreman and Harbor Workers' Compensation Act, Jones Act, stop-gap employer's liability coverage for monopolistic states, and foreign voluntary workers' compensation (from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.B of the General Conditions). Workers'Compensation and Related Policies Policy limits of not less than: Workers'Compensation State Statutory Applicable :ederal(e.g.,Longshoreman's) Statutory Foreign voluntary workers'compensation(employer's responsibility Statutory coverage),if applicable Jones Act(if applicable) Bodily injury by accident—each accident $1,000,000 Bodily injury by disease—aggregate $1,000,000 Employer's Liability Each accident $1,000,000 Each employee $1,000,000 Policy limit $1,000,000 Stop-gap Liability Coverage For work performed in monopolistic states,stop-gap liability coverage $2,000,000 must be endorsed to either the worker's compensation or commercial general liability policy with a minimum limit of: F. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for: 1. damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees, 2. damages insured by reasonably available personal injury liability coverage, and 3, damages because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom, G. Commercial General Liability—Form and Content: Contractor's commercial liability policy must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial general iability form (occurrence fomi) and include the following coverages and endorsements: 1. Products and completed operations coverage. a. Such insurance must be maintained for three years after final payment. b. 'Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2, Blanket contractual liability coverage, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7,18. 3. Severability of interests and no insured-versus-insured or cross-liability exclusions. 4. Underground, explosion, and collapse coverage. 5. Personal injury coverage. Donohue &Associates, Inc. SUPPLEMENTARY CONDITIONS Project No. 13860-A8 EXHIBIT'A'Page 17'1 of 278 00800-7 07/12/23 G. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG201O 1001 and CG2037 1001 (together). If Contractor demonstrates ho Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements. 7, For design professional additional insureds, |S0 Endorsement CG2032O7O4 "Additional Insured—Engineers, Architects orSurveyors Not Engaged by the Named Insured"or its equivalent, H. Commerci9l General Liability—Excluded Content: The commercial general liability insurance po|iny, inckiding its coverages, endonaements, and incorporated pmvioiono, must not include any of the following: 1� Any modification of the standard definition of "insured contract" (except to delete the railroad pnzhacdva liability exclusion if Contractor is required to indemnify a railroad or others with respect to Work within 5O feet ofrailroad property). 2, Any exclusion for water intrusion or water damage. 1 Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG0001. 4� Any exclusion of coverage relating to earth subsidence ormovement. 5, Any exclusion for the ineued'avioahoua |iabi|ity, at/ict|iabi|ity. or statutory liability (other than worker's oompensation). G. Any Imitation or exclusion based on the nature of Contractor's work. 7, Any professional liability exclusion broader in effect than the most recent edition uf ISO form C82278� |. Commercial General Liability—Minimum Policy Limits Commercial General Liability Policy limits of not less General Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 ]. AutomobPe Liability: Contractor shall purchase and maintain automobile liability insurance for damages because of bodily injury or death of any person or property damage arising out of the uwmership, maintenance, or use of any motor vehicle. The automobile liability policy must be written onen occurrence basis. ___ Automobile Liability Policy limits pf not less than: _ Bodily niory�______ Each Person Each Accident------ _ .�._� ' i_Property Damage _ Each Accident K. Umbrella or Excess LiabJ�� Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and auVonohi|e |iehi|ih/ insurance described in the Paragraphs above. The coverage afforded must be at least as broad as that of each and every one of the underlying policies. SUPPLEMENTARY CONDITIONS Donohue&Aesooiahas. Inc. 0073 OD-8 exnm|T'a'Pauv 17eo/278 Project No. 13860'A8 U7/12/23 Excess or Umbrella Liability Policy limits of not less Each Occurrence $1,000,000 L Using Umbrella or Excess Liability Insurance to Meet CGL and Other Policy Limit Requirements' Contractor may meet the policy limits specified for employer's |iebi|i{9, commercial general |imbi|ity, and automobile liability through the primary policies e|one, or through combinations of the primary insurance policy's policy |innha and partial attribution of the policy limits of an umbrella or excess liability policy that in at least as broad in coverage as that of the underlying po|ioy, as specified herein. If such umbrella or excess liability policy was required under this Contnsot, at a specified minimum policy |imit, auch umbrella or excess policy must retain a minimum limit of $10,000 after accounting for partial attribution of its limits to underlying pohuien, as allowed above. [N� Conhootm�s Pollution Liability Insurance.* Contractor shall purchase and maintain opo|ioy covering -hird-party injury and property damege, including cleanup ooato, as o result of pollution conditions arising from Contractor's operations and completed operations, This insurance must be maintained for no less than three years after final completion. Contractor's Pollution Liability Policy limits of not less General Aggregate $1,000,000 N. Contractor's Professional Liability Insurance: |f Contractor will provide or furnish professional services under this Con0eot, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance, This insurance must cover negligent onta, errom, or omissions in the performance of professional design or related services by the insured or others for whom the insured is legally liable. The insurance must be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. The retroactive date on the policy must pre-date the commencement of furnishing services on the Project. Contractor's Professional Liability Policy limits of not less O. Unmanned Aerial Vehicle Liability Insurance: If Contractor uses unmanned aerial vehicles (UAV--uommon|y referred to as drones) at the Site or in support of any aspect of the VVodh. Contreotx ahoU obtain UAV liability insurance in the amounts stated; name Ovvner. Engineer, and all individuals and entities identified in the Supplementary Conditions as additional insureds; and provide a uertificatato Owner confirming Contractor's compliance with this requirement. Such insurance will provide coverage for property damaQa, bodily injury nr death, and invasion ofprivacy. Unmanned Aerial Vehicle Liability Insurance Policy limits of not less Each Claim $1,000,000 General Aggregate $1,000,000 Donohue Q Associates, Inc, SUPPLEMENTARY CONDITIONS Project No. 13860+\8 cx*/a|T'A'paoo'1/3o,27e 80800-9 O7/12/23 SC—G.U4 Immediately following p2mag:aph 6.04.E. odd the following paragraphs: F. Builder's Risk Requirements: The builder's risk insurance must: 1. be written on a builder's risk "all hak" policy form that at a minimum includes insurance for plyynioo| loss or damage to the Work, temporary bui|dingu, ha|aowork, and materials and equipment stored and in tnannit, and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement,- lightning, riot-, civil commotion,' Uannhsm� vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breokdown, boiler explosion, and artificially generated electric current ooUopom; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused byOood). o. Such policy will include an exception that results in coverage for ensuing |osmaa fn�m physical damage or loss with respect to any defective wmrkmanship, methods, deniQn, or materials exclusions. b, |f insurance against mechanical bnaekdmwn, boiler exp|oaion, and artifjcia|l�y generated electric current; eerthquoke, volcanic echvity, and other earth movement or flood, are not commercially available under builder's risk po|iciea, by endorsement or othemviae, such insurance will be provided through other insurance policies acceptable to Owner and Contractor. 2� cover, as insured property, at least the following: (a) the Work and all meteria|s, aupp4iea, maohinery, epperatun, mquipmen1, fix1umo, and other property of a similar nature that are to be incorporated into or used in the prepanaUun, fabrim$iom, construction, ereotion, or completion of the Work, including Owner-furnished or assigned property; (b) opape parts inventory required within the scope of the Contract; and (c) 1ennpmrary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access tothe Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form *ork, fonnes, shoring, fa|oework, and temporary structures. 1 oov=' expenses incurred in the repair or replacement ofany insured property (including but not limited to fees and charges of controotors, enQineera, and architects), 4� extend to cover damage or |mna 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 nfa manufacturer orSupp|ier) 5. extend to cover damage or loss to insured property while intransit, 8. allow for the waiver of the insurer's subrogation rights, as set forth in this Contract. 7. allow for partial occupancy or use by Owner by endormement, and without oenceDodmn or lapse of coverage, 8 include testing and otart'up. ifapplicable, 9. be maintained in effect until final payment or until written confirmation of Owner's procurement of property insurance following Substantial Completion, whichever occurs first. 10� include as named insureds the Owner. Contractor. Subcontractors (of every hor). and any other individuals or entities required by this Contract to be insured under such builder's risk policy. For purposes of ParagnaphsS.O4. 6.05. and 8.08 of the General Comditiona, and this and all other corresponding Supplementary Conditions, the parties required tobe insured will be referred 10 collectively an'`innuradn.^ |n addition tnOwner, Contractor, and Subcontractors of every tier, include as insureds the following: SUPPLEMENTARY CONDITIONS Donohue &Aaaodateo. Inc. 007300-10 exnm|TvvPage 174o,278 Project No. 13860-A8 07/12C23 a. Donohue &A000cateo Inc G. Buj1de/a Risk and Other, Properly Insurance Deductibles: The purchaser of any required builder's risk or other property insurance will be responsible for costs not covered because of the application of policy deductible. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.O3 Delete Paragraph 7.03,C in its entirety and replace it with the following: C� Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thene8u, and except as otherwise stated in the Contract Documents, all Work at the Site nheU be performed during regular working hours, Monday through Friday. Contractor will not perform Work on e Saturday, Sunday. or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdoys. Sundays, or legal holidays only with Owner's written consent. SC '7.04 Add the following new paragraphs after paragraph 7.O4.C.: D� Unless otherwise indicated, design of this Project is based upon the material and equipment named first in the list of Supplier's in o Specification section. Engineer has performed an evaluation uf other listed Supplier's material and equipment and has determined it to be equal in que|ity, function and performance tothat of the Supplier named first. When other Supplier's are listed, Contractor may be required to make modifications or adjustments, at Contractor's expenoe, to coordinate the installation of the furnished material and equipment with associated elements of VVork, such as, but not limited to, piping and electrical connections, or support and mounting provisions. SC'7.05 Add the following as the last sentence to Paragraph 7.O5.A. Where the specification or description does not contain or is not followed by words reading "or equal", other items ofmaterial or equipment or material or equipment of other suppliers may be submitted to Engineer for review under the circumstances described for"Substitute" items in GC— 7,06. SC'7.OG Add the following new subparagraph immediately after paragraph 7,0S,A3d: e. The application for review of a substitute shall be on the Contractor's Request For Substitution form provided in the Appendix of the Contract Documents and included with the submittal. The Installation List included with the Request shall include only installations of the proposed substitute in applications of approximately the same size and complexity, and the same design as those to be furnished for this Project. Include in the Installation Liot, as a minimum, the owner's name, addreae, and telephone number-, engineer's name, address and telephone number-, location and name of project; installation dote, startup dato, and date of final acceptance by owner; and application of material or equipment, If the experience indicated by the Installation List does not demonstrate at least 5 years of auooeasju| operation of the proposed substitute itom. Owner may require Contractor and Supplier to furnish, at Contractor's expenae, a special performance guarantee with surety bond as required by paragraph 7.05,C 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 kzwanju the required Oonohue&Aauociates. Inc. SUPPLEMENTARY CONDITIONS Project No. 13860+48 EXHIBIT'x'Page/roo(zra 00800'11 satisfactory experience of the proposed substitute item. Engineer will be the sole judge of acoeptabi|i0yofexperience, 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 e special performance guarantee with surety bond. Delete Paragraph 7.06.]. in its entirety and insert the following in its place.- D. Engineer's Coot 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 7.06.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 aubndtu1e. Contractor aho|| notify Engineer of the changes and be responsible for the costs involved to revise the design and to make modifications or changes to the conatruotion, 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 Qnavir�o and other Contract Documents, Reimbursement cf Engineer shall be based on Engineer's direct labor costs, indirect labor costs, profit on total |abor, and any direct non- labor ED(penses such as travel and per diem. SC-7.OS In the last sentence of paragraph 7.09 A. delete the word ''(]wnor" and insert the word "Contractor" in its place. SC-7.1O Add the following new oanagropho immediately after paragraph 7.1O.A.: B. Pursuant to the Indiana State Gross Retail Sales Au\, all tangible personal property, which becomes a component part of the Work is exempt from Indiana General Sales Tax, This exemption applies to purchases of tangible property made by the Contractor who incorporates such property into the Work and transfers such property to the Owner in fulfillment of the Contract, Certification of exempt use shall be made in accordance with the State ofIndiana. SC-7.13 Delete Paragraph 7.13G. in its entirety. SC-715 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 p*montthirea\ened damage, injury. or loss, Owner will give Contractor and Engineer prompt written notice of such action and the cost of the correction or remedy uheU 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 o SUPPLEMENTARY CONDITIONS Donohue &Associates, |no. 007300-12 EXn|e|T'«paec/rsorzra Project No. 13860-A8 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. 3C-7.18 Da|ato Paragraph 7.16.D.3 and replace it with the following: 3 After Engineer has approved s shop drawing or nemp|e. Engineer will not review subsequent submittals of e different manufacturer or Supplier unless Contractor provides sufficient information to Engineer that the approved material or equipment is unavailable, or time of delivery wiM, delay the construction progress. |f Contractor requests a change ofa previously approved submittal item under one of the above conditions, Contractor shall be responsible for Engineer's charges to Owner for its reviawdme. and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such chargeo, unless the need for- such change is beyond the control of Contractor. Delete the last sentence in subparagraph 7.16.E.1,b, ARTICLE O-OTHERuVDRNATTHE SITE SC—O.02 In paragraph 8.02.A. delete the words "Supplementary Conditions" and insert the words "Specifications" in their place. SC-8.U3 Delete paragraph 8,O3A. in its entirety and insert the following paragraph au8.O8.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 mf Contractor orits Subountnaotom, or delays, dinrupto, interferes with, or increases the scope or cost of the performance of the VVodk, through actions or inaction. then ContmotcrshaU promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility mwner, or otherwise resolve the claim by arbitration or other dispute naao|uhun proceeding or at law. De|oha paragraph 8.03`C. in its entirety and insert the following paragraph as 8�01C: C. |f Contractor damages, de|ayo, diarupts, ur interferes with the work ofany other contractor, or any utility owner performing other work ator adjacent tothe Site. through Contractor's failure to take reasonable and customary measures toavoid such impacts, or if any claim arising out of Contractor's aotions, inactiono, 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 Ovvn*r. Engineer, or construction coordinator) shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other cunlrmotororutility mwner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding oratlaw, and (2) indemnify and hold harmless Owner and Eoginear, and the officem, directora, membora, partnera, employ*aa, agents consultants and subcontractors of each and any of them from and against any such c|cimu, and against all costs, |oaaes and damages (including but not limited to all fees and charges of engineorn, orchiteotu, attumeyo, and other professionals and all court or arbitration or other dispute resolution, costs) arising out of or relating to such demage, de|ay, disruption, or interference, Donohue &Asaodetes. Inc. SUPPLEMENTARY CONDITIONS Project No. 138GO-A8 sxm * n 0O8O0 o/r '�aoe ro/z7o -13 07/12/23 ARTICLE 9—OWNERS RESPONSIBILITIES 8C—B13 Add the following new paragraph immediately after paragraph S.12: 8.13 Site Representative & Owner will furnish a She Represenhative, ooaistanta, and other field staff to observe performance of the Work. The duties and responsibilities of Owner's Site Representative are described osfollows: 1, Become familiar with the Contract Documents to observe the progress and quality of the executed VVork, and to de0ennine, in general, if the Work is proceeding in accordance with the Contract Documents, Z Promptly forward to Engineer, reports from Contractor indicating oonf|ict, error or diecreponcy in the Contract Documents to enable Engineer to issue a written o|ehfioadun or interpretation as provided for in paragraph 10.06 of the General Conditions. 3. Provide Engineer with copy of Site Representatives' daily log. ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION Delete Paragraph 10.83,A, in its entirety and insert the following in its place: A. Owner will provide o Site Representative whose responsibilities and duties are described in SC '8.13. SC ' 10.U8 Add the following new paragraph immediately after Paragraph 1O.08.A.: B. In the event Engineer determines that Contractor's safety plans, pnoQrama, 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. Vn the event Engineer observes situations which appear to have potential for immediate and serious injury to persona. Engineer may warn the persons who appear to be affected by such situations. Such warnings, if issued, shall be given based on general humanitarian omnuems. and Engineer will not, by the issuance of any such warning, assume any responsibility to issue future warnings orany general responsibility for protection of persons affected by the Work, ARTICLE 11 —AMENDING THE CONTRACT DOCUMENTS; CHANGES |N THE WORK SC41.O2 Delete paragraph 11.02,Bin its entirety and replace with the foUmwing� B. If CuntnaCtornahuaea to execute a Change Order that is required to be executed under the terms of Mn Paragraph 11.02.A, it shall be deemed to be of full force and offed, as if hU|y executed. SUPPLEMENTARY CONDITIONS Donohue &Associates, Inc. 007300-14 ex*/o|TW Page/re^fzre Project No 13860-A8 07/12/23 Add the following new paragraph immediately after subparagraph 11�O2,B.: C. Change Orders will be prepared on the fon-n included in the Appendix of this Project Manual. 8C-11.U7 Delete paragraph 11.O782. in its entirety and insert the following in its place: 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then byamutually agreed |umpsum which includes an allowance for overhead and profit in accordance with Paragraph 11.07.C.2; or GC-11.D8 Add the following new paragraph immediately after paragraph 11.08.B.: C. Time exte-ioiono provided under paragraph 4.05 of the General Conditions will only be allowed for controlling items of Work (critical path). SC- 11.U8 Amend the first sentence of paragraph 11 OS,B.1 by striking out the words ^3O days" and inserting the words''10 days" in their place, ARTICLE 12—CLAIMS SC- 12.01 Amend the first sentence orparagraph 12.O1.Bby striking out both instances of the words ^3O days" and inserting the words^1Odays" in their place, ARTICLE 13—COST C]FWORK; ALLOWANCES; UNIT PRICE WORK GC— 13.01 Delete paragraph 13.01.13.5c.2) in its entirety. Delete paragraph 13.01.Ein its entirety and insert the following in its place: E. Douumswmabon and Audit: Whenever the Coat of the Work for any purpose is to be determin=w pursuant to this Article 13. Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable ancesa, during normal business houm, to all Contractor's anoounto, recordo, bmoka, oornaspondenma, instructions, dravvioga, vaceipta, vouohmru, memonanda, and similar data relating to the Cost of the Work and Contractor's fee. Contractor shall preserve all such documents for a minimum period of three years nrao required by state law in which Work in performed after the final payment by Owner. Pertinent Subcontractors will afford such access to Dwmer, and preserve such documen\s, to the same extent required ofContractor. SC- 13.U3 Delete Paragraph 13.03.E. in its entirety and insert the following in its place: E. Adjusbno�txin LnitPifoe: Within 30 days of Engineer's written decision Linder the preceding poragnaph, the unit phuo of an item of Unit Price Work shall be subject to reevaluation and adjustment Linder the following conditions: Dmnohue&Assooiahes. Inc. SUPPLEMENTARY CONDITIONS Project No. 13860`48 sxn/enn'Page 1rso/2re 00800-15 O7/12/23 1 if the total cost of e particular hem of Unit Price Work amounts to 5% or more of the Contnazt Price and the variation in the quantity of that particular hem of Unit PhoeVVoru performed by Contractor differs by more than 25Y6from the estimated quantity ofsuch item indicated in the Agreement; and 2� if there is no corresponding adjustment with respect to any other item of Work; and 1 if Contractor believes that Contractor has incurred additional expense as a result thereo:; 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 aahothe effect of any such variations in the quantity of Unit Price Work performed. ARTICLE 14 ' TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC- 14.O9 Oe|sde Subparagraph '4.05.C.2. in its entirety and insert the following in its place: Z If the uncovered Work in not found to be defective. Contractor ohmU be allowed am increase in the Contract Price or on extension of the Contract Timen, dinectiy atthbmteb|e to such uncovering, expoaum, obsemsd|on, inapanhon, testing, rep|scement, and reconstruction. If the parties are unable to agree aa1othe amount or extent thereof, than Contractor may submit Change Proposal vvi\hm 1O days ofthe determination that the Work is not defective, ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION pER}QO SC— 15.01 Amend the first sentence of subparagraph 15.O1.B.1. b/ striking out the words ^2O days" and inserting the words^3O days" inthm�rplace, SC— i5.0% Add the following newsubpenagnsph immediately after paragraph 15,O3.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 guaran\ees, certificates of installation aamioao, certificates of instructional oemicox, e complete set of marked up Drawings as specified in Division 1, General Requirements, and other documents. Add the following tothe end of paragraph 15O3.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 removo| of the property." SC— 15.06 Add the following new Subparagraph immediately after paragraph 15.06.E: SUPPLEMENTARY CONDITIONS Donohue &As000ioteo. Inc. 007300'16 exms/TW Page 1nnn|z7u Project No. 13OGO-A8 O7/12/23 1� In addition to the liquidated damages set forth in the Agreement, Contractor shall be liable far all additional costs for Engineer's services beyond Substantial and Final Completion dates- Owner will deduct these coats from any monies due or that may become due Contractor or Surety and pay Engineer for said services, ARTICLE 10—SUSPENSION {]F WORK AND TERMINATION SC— 16.01 Amend paragraph 18.01,& by striking out the words ~3Odays" in and inserting the words "ten days" in their place. 3C ' 16.02 Add the following to end of paragraph 16.02.D. "within no more than 3Q days of receipt ofsaid notice." SC4G.O4 Amend paragraphs 16.04.A. and 16.04,13. by striking out the words ~30 days" in four places and inserting the words ^GO dayo" in their place and by striking out the vm/Uo "seven days" in two places and inserting the words"ten days" in their place. ARTICLE 17— FINAL RESOLUTION [)FDISPUTES Delete paragraph 17.O�.B. im its entirety and insert the following in its place: B. Final Renoiluhon of Disputes: For any dispute subject to resolution under this Article, Owner of,Contractor may: 1. agree Nith the other party to submit the dispute to another dispute resolution process. 2 give written notice of intent to the other party to submit the dispute to a court of competent jurisdiction, or C. Notwithstanding any applicable statute uflimitations, a party giving notice under paragraph 17.01.13 sl-'all commence an action on the Claim within one year of giving such notice. Failure to do so shall result in the Claim being time-barred and the action or denial shall become final and binding, ARTICLE 1O—MISCELLANEOUS SC- 18.O1 Delete Paragraph 18.01A, in its entirety and revise it to read the following: A. Whenever any provision of the Contract requires the giving ofwritten notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. in pemon, by m commercial courier service or otherwine, to the recipient's place of bueinena, and addressed to the specific intended recipient; 2� by registered or certified mail, postage prepaid, to the recipient's place of business, and addressed to the specific intended recipient; or 1 by e-moil to the specific intended recipient, with the words"Formal Notice" or similar in thea-mmi[a subject line. Written notice shall not beconsidered accepted until receipt is acknowledged by the intended recipient. Donohue &Associates, Inc. SUPPLEMENTARY CONDITIONS Project No. 13860-A8 Exme/TnPnor1o1o/xra 00800'17 SC- 1811 Add the following new paragraph immediately after paragraph 18.10: 1811 Lien VVaivere: A. Owner may at any time require Contractor to furnish lien waivers for labor and materials covered by specified Applications for Payment. ENO OF SUPPLEMENTARY CONDITIONS SUPPLEMENTARY CONDITIONS Donohue &Aaaooiates, Inc. 007300'18 ExH/axnPaoe1aawzTe Project No, 138GO-A8 O7/12Y23 SPECIFICATIONS EXHIBIT'A Page 183 of 278 07/12/23 DIVISION 1 GENERAL REQUIREMENTS EXHIBIT'A Page'185 of 278 07/12/23 SECT|ON0111O SUMMARY OFWORK PART 1 —GENERAL 1.01 SUMMARY The Work of this Contract is generally doeohb*d as foam injection gmudng, concrete repoir, and cooing (if the alternate is accepted) of existing concrete simdunas and below grade concrete tunnels within Nhe following structures at the VVm. E. Ross VVaotewater'Treat mont Plant: 1. Old Lab Building (Structure No. 2O1) Z Rect Prim Clarifier 5'S'7 Overflow Stmcturo (Structure23UG) 3. Aeration Basins (Structure 311) 4. TunneKNo. 1 (Structure No. 815) 5� TunneK No. 2 (Structure No, 740) 1.02 WORK BYOTHERS A. Work on Site which will be, or has been executed prior to, or aftmr, start of Work on this Contneotamd may be concurrent 8othis Contract, but is excluded from this Contract: 1. None, 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 schedule and operations with Engineer and Owner, Owner reserves right to place facilities taken out of service by Contractor back into service on emergency basis upon notification to Contractor. B� Bypassing of untreated or partially treated sewage to surfeoe water ofdrainage Courses in strictly prohibited during construction. |n the event accidentally bypassing is caused by the Contractor's opomhono, the Owner shall immediately be entitled to employ others, at the Contractor's expense, to stop the bypassing without giving written notice to the Contractor. C� Penalties imposed on the Owner as a result of any bypass caused by the actions of the Cuntrao\or, his emp|oyeea, or nubcontrentoru, shall be borne in full by the Contractor, including legal fees and other expenses to the Owner resulting directly or indirectly from the bypass. D� Draining. Cleaning. and Dewabaring of Tanks, Channe|s. Conduits and Piping 1, Unless specified othmnwioe, dmining, demninQ, and dewatering of tanko, channels, condui1s, piping, and other facilities and proper disposal of removed solids shall be performed by Contractor as required to complete Work. Z Un|moo specified othmnwise. Owner will not drain` c|ean, and dewaterfaci|ities to enable Contractor tocomplete Work. 3 Contractor shall maintain facilities dean and dry as required to complete VVork, including control and temporary pumping of leakage from isolation had|idea and water resulting from precipitation. 4� Unless specified otherwise, the Contractor shall pump draioing, deaning, and dewatering nnaUa,ia| to e location as directed by the Engineer. Donohue &Associates, Inc. SUMMARY OFWORK Project No. 13860-48 exu/e/Tvvpago1orofz7n 01110'1 07/12/28 E, Wastewater flow through all plant treatment processes must be maintained at all times except as specified below. Contractor shall p|an, uchedu|e, and coordinate Work such that degree of vvaatevvate, 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 coour Normal flow rates ranges from 5to9 million gallons per day. F. No interruptions in flow through plant are anticipated to complete this work. F|mm may be partially in0arruptod 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 VVonk, obtain from Owner. Return keys at end ofday'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 maintainec in operation during the construction of the new facility. Degree of treatment during construction xhoU be equal to or exceed efficiency of the facility before construction mtarted. 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 ofservice equipment will cause adverse effects un 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, B Owner reserves right to partially occupy and to place and install equipment in completed areas of facilities, prior to Substantial Comp(etion, provided that such occupancy does not interfenavv4h completion of Work. Such placing of equipment and partial occupancy nhmU not constitute acceptance of the Work. C. Partial occupancy shall conform Vo requirements of General Conditions. PART 2— PRODUCTS (Not Used) PART 8— EXECUTION (Not Used) END OF SECTION SUMMARY OF WORK Donohue &A0000iaVao. Inc. 01110-2 cxxm|TW Page'1oeo/z/m Project No. 13860,4S 07/12/23 SECTION O1230 ALTERNATES PART 1 —GENERAL 1.01 SUMMARY A. Section inc�udey Alternates to Work defined in Contract Documents. B. All Alternates described in this Section are required to be reflected on the Bid form as submitted by the Bidder. C. Do not submit Alternates other than oo described in this Section. 1.02 DEFINITIONS A. Alternate: An amount proposed by Bidder and stated on Bid form for certain Work defined in Bidding Requirements that may be added to or deducted from Contract Price if Owner decides to accept corresponding change in either amount of construction to be completed, or in rne0eria|a, equipmon1, or installation methods described in Contract Documents. B Coat: Net addition or deduction from Contract Price to incorporate Alternate into Work. No other adjustments will be made to Contract Price. PART 2—PRODUCTS 2�01 DESCRIPTION DFALTERNATES A. Alternate 1: Coating ofTunno| No 2 (0d Compressor Building to Digestion Building) 1. Prepare and coat all existing exposed concrete walls and ceiling surfaces within space 748—Tunne| No. 2 (Old Compressor Building to Digestion Building). 2, Do not coat existing piping mrconduit. 3, Pipe supports and other miscellaneous items currently coated shall be recoated to match weUcdor. 4. Single wall color scheme shall be used instead of the current two-tone scheme. Final color selection shall beby the Owner. 5. Pertinent Work specified elsewhere: a. Cmaingo� Section 0SS5O. b. Drawing: A8-740'8-1 andA8'74O'S'2. B, Alternate 2: Coating of Tunnel No. 1 (Primary Clarifiers to Old Compressor Building) 1, Prepare and coat all existing exposed concrete walls and ceiling surfaces within space 815—Tunnel No. 1 (Primary Clarifiers to Digestion BuUding). 2� Dmnot coat existing piping orconduit. 1 Pipe supports and other miscellaneous items Currently coated shall be recoated to match wall color. 4� Single wall color scheme shall bo used instead of the current two-tone scheme. Final color selection shall beby the Owner. 5. Pertinent Work specified elsewhere: o. Coatings: Section 0Q0G0. d. Dnavving: A8-815-S'1 andA8'815-S'2. Donohue &Associates, Inc. ALTERNATES Project No. 13860`48 EXHIBIT'A'Page 189m2/e 0123Q~1 O7/12/23 PART 3—EXECUTION 3.01 INSTALLATION A, Coordinatioc: 1, Modify or adjust affected Work as necessary to integrate Work of selected Alternates into Project, 2. Include as part of each A|ternata, miscellaneous devioea, mcoesnories, and items incidental to or required for complete installation whether or not indicated an part of A|terno�e. B. Execute accepted Alternates under aomm conditions as other Work of Contract. END OFSECTION ALTERNATES Donohue &Associates, Inc. 01238-2 exa/e/rn'Page 1Vvo/um Project No. 13880fi8 SECTION O1295 SCHEDULE OFVALUES PART 1 -GENERAL 1�01 SUMMARY A� Provide o detailed breakdown of the Contract Price showing amounts and quantities allocated to each of the various parts of the VVorh, as specified herein and as required by Ganera| Ccnditimnn, B, Upon request of Engineer, support amounts and quantities with data substantiating their correctness. 1�02 FORM AND CONTENT OF SCHEDULE OFVALUES A. Schedule shall be typed on 8'1/2-in. by 11'in white paper, Contractor's standard forms and automated printout will be considered for approval by Engineer upon request. Include following: 1. Project title, 2, Project location, 3. Owner. 4. Engineer. 5� Engineer's project number. G� Name and address ofContnaotor. 7. Contract designation. 8. Date. B. Identify installed value of Work in sufficient detail b serve as basis for computing values for progress payments during construction. C, Provide a separate listing of general hemo, such as bondo, inuunance, mobilization, field aupemioion, construction facilities, a|lowanoen, and record documents. D� Follow Project Manual table of contents as format for listing component items. /# aminimum, listing uheU include medeho| cost and total installed cost for each Specification Section foir each atmcbuna as listed in this Section, 1 Identify each line item with number and title of respective Specification Division and Section. 2, Include directly proportional amount ofContractor's overhead and profit, 3, For itemns on which progress payments will be requested for stored matariu|o, break down value into: a, Cast ofmaterials, delivered and unloaded. b, Total installed value. E. Provide listing of items for nitework and for each structure asfollows: 1 Contractor's Overhead. a. Bands and Insurance b. Mobilization c Office Support Donohue &Anoocia0as, inc. SCHEDULE OF VALUES Project No. 138G0fA8 sxn|o/rvv Page m1mu/p 01205-1 07/12/23 d� Field Supervision e, Dsrxobi|ization 2. 201 —()kd Lab Building 1 23OG—Rect Prim Clarifiers 5-G-7 Overflow Structure 4. 311 —Aeration Basins 5. 740—Tunne| No. 2 (0d Compressor Building to Digestion Building) G� 815—Tunnel No. 1 (Primary Clarifiers to C)|d Compressor Building) F. Sum ofws|iey listed shall equal total Contract Price. G. Provide additional breakdown as required byEngineer. PART 2—PRODUCTS (NOT USED) PART 3— EXECUTION (NOT USED) END 0FSECTION SCHEDULE 0FVALUES Donohue &Associates, Inc. 01285'2 em+/env,poye1euofo,n Project No. 13OGO,48 07/12/23 SECTION O1315 PROJECT MEETINGS PART 1 -GENERAL 1,01 SUMMARY A� Engineer vrill 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 meetingn, 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 ioacceptable, 1 Make physical arrangements for meetings. 4� Preside atmeetings. G, Record meeting minutes. G. Prepare formal minutes within 3 working days after meeting and distribute electronic copies to: a. Meeting participants. b. Afleobad parties. o. Engineer and Owner 1.02 QUALIFICATIONS A, Representatives cfContractor, Subcontractors, and Suppliers attending the meetings ahe|| be authorized to act on behalf of entity each represents. B. Revisions oMinutes: 1. Unless published minutes are challenged in writing prior to the next nagu|edy scheduled progress meeting; they will be accepted ao properly stating the activities and decisions mf the meeting. 2. Challenge to the Minutes shall be settled mt the regularly scheduled meeting, PART 2— PRODUCTS (NOT USED) PART 3—EXECUTION 101 PREC{)NSTRUCT|0N CONFERENCE A. Location: —obo selected byOwner, 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 &Annocia1es. Inc. PROJECTN1EET|NG;3 Project No. 13860~48 EXHIBIT'x'Page 1yaorarx 01315'1 4, Subcontractors' or Suppliers' representatives Contractor may desire to invite or Engineer may request. 5. Ovvnerurepreuentadves. S. Engineer's representatives. 7� Local ud|ih/ representatives, if applicable, C. Agenda: 1. Organizational arrangement of Owner's and Engineer's forces, 2, Organizational arrangement of Contractur's. Subcon1nectom', and material and equipment Suppliers'forces. 3, Contract Documents, including distribution of required copies. 4. Project safety, 5- Preliminary Construction Progress Schedule. & Check of required bonds and insurance, 7� Liquidated damages. & Preliminary schedule ofShop Drawing submissions. Q, Procedures for handling submittals. 10, D & Msubmittals. 11, Channels and procedures for communicadons, oomsspondenoe, and project coordination. 12. Weekly and monthly meetings. 11 Equal opportunity requirements. 14. Laboratory and field testing requirements. 15. Pooviomona for inventory of material stored on-site nrof-yite. 16. Sohed.|eofvalues. 17� Application for progress payments. 18, Field Order and Change Order procedures. 19, Project Record Documents. 20� Posting of required signs and notices. 21, Otherzunineos. 3.02 MONTHLY PROGRESS MEETINGS A� Schedule monthly meetings. & Location: Contractor's field office. C. Attendance: 1. Contractor's Project Manager. 2. Contractor's Resident Superintendent, 3. Affected Subcontractors, O� Suggested Agenda: 1� Review cf minutes of previous meeting. Z Review of Work progress since previous meeting. 1 Project safety concerns, 4. Field obsamatiunn, problems, conflicts. 5. Problems impeding Construction Progress Schedule. 8� Review of off-site febrioodon. de|iverysohedu|es. 7� Corrective measures and procedures to regain conformance with Construction Progress Schedule. 8� HeviacnstoConstruction Progress Schedule. 0. Issues raised by Owner and Engineer. PROJECT MEETINGS Donohue &Associates, Inc. 01315'2 sxo/e/r'x'pone1o*ofora Project No. 13860`48 O7/12/23 10. Proposed progress and schedule for Succeeding Work period, 11� Coordination ofschedules, 12� Review and update of Submittal schedule. 13, yNainhe-ianoeof quality standards. 14. Pending changes and Substitutions. 15. Effect ofproposed changes on Construction Progress schedule. 16. Review mf Project Record Documents. 17, Other business, E. AgendouomtmininQ specific subjects to be discussed shall be provided toeach attendee and to the Owner and Engineer et least 5 working days before the meeting. 103 CONSTRUCTION F0REMAN'SMEETING A. Schedule weekly. B Location: Contractor's field office. C. Attendance: 1. Resident Superintendent. 2. Subcontractors' foremen, O. Suggested Agenda: 1. Review uf Work progress since previous meeting, 2. Proposed progress and schedule for succeeding Work period. 3. Field mbnervationn, problems, conflicts, 4. Problems that affect Construction PmQneoe Schedule. END OFSECTION Donohue &Associates, Inc. PROJECT MEETINGS Project No. 13860`48 Exn|e|T'A'Page 1y5o,z/o 01315-3 U7/12/23 SECTION 01321 CONSTRUCTION PHOTOGRAPHS PART1 'GENEQAL 1�011 SUMMARY A. Provide digital-format photographs taken at the specified stages during cunatrucUon, and in accordance with provisions of this Section, B. Provide cc or video of existing facilities taken before commencement of construction. 1.02 SUBMITTALS K Submit digital photographs on electronic media acceptable to the Engineer, Digital photographs shall be common retrievable format as specified by Engineer during PnaconotrLICtionConfonanue. Submit with each application for payment, B. Submit color video of existing facilities using electronic media and format acceptable to the Engineer. Submit prior to commencement ofconstruction. PART 3' PRODUCTS 2.01 PHOTOGRAPHS A. Provide color prints: 1. Electronic files shall be in JPG. T|FF, or other commonly used format. Files shall be named k»adequately describe the photo without the need to open the file. B. Submit electronic file of with photographs indicating-. 1. Project name. 2� Engineer's project number. 3. Orientation of view. 4� Date and time of photograph. 5� Photograph number. G� Contractor's name and address. PART -EXECUTKJN 101 PHOTOGRAPHIC REQUIREMENTS A. Take photographs at each major stage ofconstruction, 1, Before commencement of construction. 2� Stairs,grating, building modifications and structural supports. 1 At monthly intervals during construction of facilities, Photographs need show only new Work-or that month. B. Make each photograph o|oar, in focus, with high resolution and ohaqonesn, and with minimum distortion. 3.82 VIEWS Donohue &Associates, Inc, CONSTRUCTION PHOTOGRAPHS Pro|ectNo. 15800`A8 sxH/s/r'A'rae°/eroroe 81821'1 O7/12/23 A� Make photographs from three separate locations around Work and for each major structure. B. Select |ocalkonsto provide diversified overall views of Work, from positions that are expected to remain accessible throughout progress of Work. Locations shall adequately illustrate condition cf construction and state ofProject. C. When directed by Engineer, because of stage of construction, change one or more locations to new locations inside or outside structure. END OFSECTION CONSTRUCTION PHOTOGRAPHS Donohue &Associates, Inc. 01321'2 cxH|on'x'Page 1axm2ra Project No, 138GO`A8 07/12/23 SECT|ONU1328 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 nohedu|o, and subsequent revisions thenaof, for review. B. Three days prior to monthly Project Meetings aa required bySection U1315. furnish Engineer and Owner with copies of proposed revised schedule. Furnish revised schedule to Subcontractors asappropriate. C� Failure to submit schedules on a timely basis shall be considered cause for withholding progress payments, 1.03 VVORK|N8HQWRS A. Comply with requirements of General Conditions. B. No Work ahoU be done between G:OO p.m. and 7:00a.m,. nor on Sskun]ayn. Sundays or legal holidays v�thoutwritten permission of Owner. Emergency work may be done without prior penniooiorL C. Such permission may be revoked at any time by Owner if Contractor tei|a to maintain adequate equipment and supervision for proper prosecution and control of Work. Revooaho"i shall not entitle Contractor to change in Contract Price or Contract Time. PART 2—PRODUCTS (NOT USED) PART 3— EXECUTION 101 FORM OF SCHEDULE A. Prepare schedule in form of horizontal bar chart. 1 Provide separate horizontal bar for each tnsde, activity or operation. 2. Provide continuous vertical line toidentify first working day of each week, 1 Scale and space to allow for notations and future revisions. B. Format of Listings: Chronological order ofstart of each activity or,operation. 102 CONTENT OFSCHEDULE A. Show complete sequence of construction by activity or operation. Donohue &A0000iates. Inc. PROGRESS SCHEDULE O132O 1 Project No.� No. 13800`A8 sxepooe1 m -seoro B. Show dates for beginning and completion of each major element of construction and installation dates for major equipment hems. Include: a. Each individual task of construction. b� Procurement of equipment and systems including Shop Drawing submittals, Engineer's review of submittals, shop tests, and delivery dates. c. Identification of Work that will affect existing plant operations, d, Services of manufactures' representatives. e. St,3rtup dates for major equipment. f� Field tests. g. Dates of Substantial and Final completion. h. Subcontractor Work hems. i A|�owanco for inclement weather. j MBE, VVBE. and SBEactivities. k. O&M data activities. |. Contractor-provided training. C. Show projected percentage of completion for each activity as of first day of each month. 3.03 REVISIONS TDSCHEDULE A. Each monih Contractor shall receive Update information from Subcontractors and Suppliers which nha1be included in current schedule. Revised schedule shall indicate changes such on� 1. Major changeuinscope. 2. Activities modified since previous submittal, 3. Revised projections of progress and completion. 4. Other identifiable changes. B. Provide narrative report to define following: 1. Problem area and anticipated delays and their impact onschedule. 2. Corrective action recommended and its effect. 104 MONTHLY PROGRESS MEETINGS A� Once each month, in accordance with Section 01315. Progress Schedule will be reviewed. Progress will bureviewed: 1� To identify those activities started and completed during previous period. 2. For remaining duration required to complete each activity otarted, but not completed. 1 For durations of selected activities not yet started. 4� For ct of Change Orders and proposed sequencing, B. Update schedule accordingly. 105 DELAYS AND RECOVERY A. If, at any *me during the Pnojec1. Contractor fails to complete activity by its latest scheduled completion daha. Contractor shall, within 5 working doyo, submit to Engineer written statement osto how and when work force will be reorganized to return to current Progress Schedule. B. If, during schedule review mee\ings, it becomes apparent that milestone completion dates or dmaa established in Section 01110 or Contract completion dates will not be met due to a PROGRESS SCHEDULE Donohue &Asaooiatea. |mo. 01326'2 sxnm/r'x'Page aoourcre Project No. 13DG8+48 delay, dismption, or interference caused by or within the control of Contractor, Contractor shall take some or all of the following ac1iono� 1 Increase construction staffing in such quantities and crafts as shall eliminate backlog of Work.— Z Increase number of working hours per nhdft, 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 cnnourrencyofaccomplishment, C. Under no circumstances will addition of equipment orconstruction fnruen, increasing working hours or other method, manner or procedure to return to current Progress Schedule be considered justification for Contract modification or treated as acceleration. END OFSECTION Donohue &A0000io1es' Inc, PROGRESS SCHEDULE Project No. 13860`48 EXHIBIT n'pooezo/o,o/a 01326'3 07/12/23 SECTION O1330 SUBMITTAL PROCEDURES PART 1 —GENERAL 1.01 SUMMARY A. Requirements forVVork're|mtod (non-administrative) submittals including Substitutes and "Or- Equal" items, Shop Dnswings, product data, Gamp|ex, teat reaubs, operating and maintenence data, and other miscellaneous Work-related submittals. 1, Submtta|a for record drawings are specified in Section O178S. B. Administrative Submittals: Procedures concerning items such an listing of manufacturers, Suppliers, Subcontrmctona, Progress Schadu|e, bmndn, payment opp|ioahona, insurance certificates, Schedule of Values, and photographs are specified elsewhere. C. Work—Related Submittals: 1, Substtu$y and ^Or-Equa|^ Items: a. Includes material or equipment described in Paragraph 7.03 of General Condhiono. Article 7 of the Supplementary Conditions, and Section 01615 which Contractor requests Engineer tn accept, after Effective Date of the Agreement. 2. Shop Drawings: a. As defined in Paragraph 1.81.A.36 of the General Cnnditiona, and in particular includes technical data and drawings specifically prepared for this Project, including faohmahnn and installation drawings, diagnamn, data nheete, ochedu|en, temp|ates, patterno, reports, instructionn, design mix fomnu|as, meanuremontn, and similar information not in standard printed form. 3. Product Data: a. Includes standard catalog type printed information on manufactured mebahals, equipment and systems that has not been specifically prepared for this Pnoject, including manufactures' product specifications, catalog out aheeta, standard wiring diagrama, printed performance oumen, mill neporta, and standard color charts, 4. Sampeo: a. As defined in Paragraph 1.01,A.33 of the General Condhkzno, and in particular includes fabricated and manufactured physical examples ofmaterials, pmducts, and units of VVork, including complete unbe, partial outs of manufactured or fabricated VVork, swatches showing co|or, textuns, and pattern, and units of Work to be used for independent inspection and testing. b. Mock-ups are special forms of Samples too large or otherwise inconvenient for handling in manner specified for transmittal of Sample submittals. 6. Miaue|aneouoSubmittals: a, VVod+rm|uhad submittals that do not fit in previous ca0aguheo, including schedu|es, guamnteas, wananhos, martificehons, maintenance agnaemente, workmanship bmndo, survey data and reporta, physical work records, copies of industry standards, Donohue &Aasooiates. Inc. SUBMITTAL PROCEDURES �xmo|T'a'raoo zna o/c/a 012301 Project No. 138GO��O O7/12/23 fieid measumments, extra matehnls, keyo, and similar infonnatkzn, deviceo, and mnVehe|a applicable to Work. PART 2—PRODUCTS (NOT USED) PART 3—EXECUTION 3.01 SUBMITTAL PROCEDURES A. Scheduling: 1� Pmvicle preliminary and final schedule of submittals in accordance with the General Conditions indicating time requirements for coordination of submittals with performance of Work. 2. Times scheduled nhoU indicate completion of submittal approval process for Substitute and "Or-Equal" items, Shop Drowinga, product data, and Samples not later than OO days prior to Substantial Completion. Completion Of Submittal process for above submittals will have been achieved when submittals have been returned to Contractor with submittal action of either^Approved~ or"Approved AaNcted~ 3. Adjust schedule of submittals periodically to reflect revisions to Progress Schedule. B. Coordination: 1. Coordinate preparation and processing of submittals with performance of VVodh. Coordinate each submittal with other submittals and related activities such as substitution requests, testing, purchasing, fabrication, de|ivery, and similar activities. 2� Coordinate submission of different units of interrelated Work no submittal will not be delayed by Engineer's need 0o review related submittal. Engineer may withhold action un submittal requiring coordination with other submittals until related submittals are providied. 3, Prepare and transmit each submittal sufficiently in advance of scheduled performance of related VVudk and other applicable activities. C. Submittal Preparation: 1. Staxnp and sign each submittal certifying to review and approval of oubmitta|, verification of material and equipment, field meauuremento, field construction ohteria, and coordination of information with Contract Documents in accordance with paragraph 716 of the General Conditions. 2. Transmittal Form: Use CONTRACTOR'S SUBMITTAL TRANSMITTAL form included in Appendix. Identify following: a� Date b. Transmittal and Submittal number c Project d, Name and signature ofContractor: o. If submittal is for substitute, identify as "Substitute" on transmittal. f, Specification section and/or Drawing numbers. g� Description of submittal (i.e. equipment identification numbern, motor numbero, etc) h Variations from Contract Documents D. Reoubmi#a| Preparahon: SUBMITTAL PROCEDURES Donohue &Associates, Inc. 01330'2 em+/a|Tvvrone,204m278 Project No. 13880`A8 07/12/23 1. Comply with requirements for Submittal Preparation above, and inoddition� a. Identify on transmittal form submittal isaresubmission. b� Make corrections or changes in submittal required by Engineer's notations on returned submittal, u. On transmittal or separate pege, 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) |f 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 urvariations: 1) On transmittal fonn, identify variations or revisions from previously reviewed submittal. 102 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. 1 Primary means of submittal nhmH be electronic. Initial submittals shall be searchable, bookmarhedPDFformat. B. Requests for Substitutes: 1, Collect data for items to be submitted for review as Substitute into one submittal for each hem of material or equipment in accordance with paragraph 705 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. 1 Su6mO with other scheduled submittals for material and equipment allowing time for Engineer to evaluate additional information required tobasubmitted. 4. If Contractor requests to substitute for materials or equipment apenified, 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 ufpnaparer indicated. 1 Show dimensions and note which are based on field measurements. 4. Indicate compliance with standards and notation of coordination requirements. 5� High|iBht, encircle or otherwise indicate variation from Contract documents or previous submittals and revisions onnaoubmi8a|s. S. Do not use Engineer's Drawings an Shop Drawings. T Provide blank space for Contractor stamps. & Provide4'in by 8--in. blank space for Engineer stamps. D. Product Data: Donohue&Associates, Inc. SUBMITTAL PROCEDURES Project No. 13860+48 E»n/envv Page zo»mur» 01330'3 1. Collect, required data into single submittal for each unit of VVmnk or system. Where product data includes information on several similar materials or equipment, some of which are not require for use in Pooject, 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 co|or, pattem, 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 descripdon, nouroe, product name. manufacturer, |imitotionn, and compliance with standards, 4� Gubmi, Samples with other ra|ehad elements of work. 5� Submi- two (2) sets of Samples where Specifications indicate Engineer's selection of co|or, pattern, texture or similar characteristics from manufacturer's range of standard choices ianecessary. Neither set will bareturned. & N1eint.�'n set of Samples at Project site, in suitable condition and available for quality oontm| comparisons throughout course ofWork, F. Miscellaneous: 1, Guaraitees, Warranties, Maintenance Agreements, and Workmanship Bonds: o. Refer tn Specification sections for naquinemen\s, b. Povide2 executed copies. Provide additional copies where required for operation and maintenance data, 2. Survey Data: a. Refer to Specification sections for requirements of property sumeyu, building or structure condition auneyo, field meaauremen{a, quantitative records of actual work, demage 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 sbck, maintenance tools and daviceo, keys, and similar units to be submitted. 3.03 ACTION ON SUBMITTALS A. General: 1. Except for submittals for record and similar pun»nsen, where action and return is not nequied 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. 1 Engineer will stamp each submittal with unifonn, self-explanatory action stamp, appropriately marked with submittal action. SUBMITTAL. PROCEDURES Donohue &Associates, Inc. 013304 sxme/rp/prowzoo*z/a Project No. 13880-A8 07/12/23 B. Notification cf Insufficient Information: 1� Ifinfonmahon submitted is not nuffickard to complete review of submittal, Engineer will send transmittal to Contractor notifying Contractor that additional information is required, 2. Submi�o| 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. Markirg� "Appnzved^ a. Work covered by submittal may proceed provided it complies with Contract Documents. Acceptance of Work depends on that compliance, b� Ater approval, Contractor is to submit two bound copies of all "Approved" nubrnhta|n to Engineer. OnswinQu shall be printed at not smaller than 11x17, Engineer, at his discretion, may request drawings printed in 22x34 format. Bound copies shall be s1ap!ed, comb bound, or spiral bound. Conies should be in color where required. 2. Marking: "Approved AoNoted" e. VVbrk covered by submittal may proceed provided it complies with Engineer's nctationoorcorrections on submittal and with Contract Documents, Acceptance of work depends nn that compliance, Resubmitto| not required. b� After approval, Contractor is to eubmit two bound copies of all ~Approved An Noted" submittals to Engineer. Drawings shall be printed at not smaller than 11x17, Emgineer, at his discmtiun, may request drawings printed in 22x34 format, Bound copies shall be stap|ed, comb bound, or npins| bound. Copies should be in color where required, 3. Marking: "Revise and Resubmit" a. Dm 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 comply with Contract Documents, Do not proceed with Work covered by submittal. b. Prepare new submittal complying with Contract Documents. 5. Marking: "No Action Required" a Document has not been reviewed and ia only filed for record purposes. E. General Distribution: 1. Unless required e|sewhere, provide distribution of submittals to Suboontoactoms. SuppDnrs, governing outhorhies, and others as necessary for performance of Work. 2 Provide copies of submittals bearing Engineer's action stamp to: Donohue &Associates, Inc. SUBMITTAL PROCEDURES Project No, 13OSO`48 e«n/s/TA'p*neznrnrra 01330'6 07/12/23 a. Job site file. b. Record documents file. END OF SECTION SUBMITTAL PROCEDURES Donohue &Associates, Inc. 01330-6 EXHIBIT°A"Page 208 of 278 Project No. 13860-A8 07/12/23 3ECT|ONO152U CONSTRUCTION FACILITIES PART i -GENERAL 1.01 SUMMARY A. Temporary construction had}dieu required for the Work, induding, but not limited to: 1� Utilities including lighting and electricity, heat, telephone service, and water. 2� Sanitary tmoi|dioa. 3. Fire protection. 4. Roads, 5� Securtyfenoing. G� Enclosures. 7. Parking, & Project signs, 8, 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 regu|ctiono, and uh|ih/ company requirements. 1.02 LAYOUT OF TEMPORARY FACILITIES A. Before starting VVnrk, submit to Engineer, for approval, proposed layout of temporary facilities, B. Should Contractor require space in addition to that shown on DnawinQs. Contractor shall make arrangements for storage of materials and equipment in locations off Site. PART J ' 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 nrexceed 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 tnsi|es and tool sheds are not tobe powered off existing 12Ovsystem, 2� No xf�ange will be made for electricity obtained from Owner's electrical system and used for construction. 1 Provide electrical protection to prevent disruption of plant power from over'cuno/t, gvoumd hau|to, and short circuits. 4. If Contractor requires more than Owner's supply avai|ab|a. Contractor uhmU obtain an additional source of electric power and pay all costs for power from additional source, C. Contractor's responsibilities-. Donohue &Assouiabes. Inc. CONSTRUCTION FACILITIES Project No. 13860'A8 sxmm1'vvP*o°20eor278 01520-1 1, Pmvk��, maintsin, and remove temporary electric service facilities. 2� Provide temporary electric nystemsand components in conformance with requirements of National Electric Code and local authorities. 1 Facilities exposed to weather shall be weatherproof type, 4. Enclosures shall be locked 10 prevent unauthorized access, 5. Pmvidie |empa, vviring, owitnhen, onckets, and similar equipment required for temporary lighting and power tools. & Pmvicle electric service 8z temporary offices. 2.82 TEMPORARY TELEPHONE SERVICE A. Provide temporary telephone service for Contractor's use and for Owner to contact project site. Mobile or cellular phones are acceptable. Contractor may not use Owner's system for telephone service, Z03 VVATERFORCDNGTRUCT|ON A. Owner will provide place for temporary connection to non-potable water source at Site. 1. Provide temporary piping and pumping haoi|idoa required to bring water to point of use. 2. Owner will provide water at no cost to Contractor provided that water usage is incidental to oomatruotion, is not obtained during high plant flows, and generally does not exceed 2U0 gallons per day. B. Contractor shall supply any additional water required for construction. Water is available from hydrants. 1� Secure permission from water utility, obtain necessary pennhs, and notify Engineer and Fire Department before obtaining water from fire hydrants. Make arrangements and pay coats for water, for connecting to hydrmnto, and for temporary piping required to transport water to point ofuse. 2� Connection to hydrants shall prevent baokflow to system. Use only special hydrant operating wrenches to open hydrants. Make certain hydrant valves are open full, If hydrants are damagod. Contractor shall be responsible and shall notify appropriate aganoy, so damage can be repaired as quickly as possible. Fire hydrants shall be completely accessible to Fire Department at all times. 2.04 SANITARY FACILITIES A. Do not use existing sanitary facilities, B. Provide temporary sanitary facilities conforming to state and local nego|atkons, in sufficient numbers for use of Contractor's and Subcontractor's employees. C. Maintain in sanitary condition and properly supply with toilet paper. 2.05 TEMPORARY FIRE PROTECTION A. Provide and maintain minimum of one fire extinguisher on each floor of each building, and other fire protection equipment and devices as would be reasonably effective in extinguishing fires during early stages by personnel atSite. 2.06 TEMPORARY SITE AND OTHER ROADS A. Construct and maintain temporary roadways in snow free, ice free, driveable condition, CONSTRUCTION FACILITIES Donohue&Associates, Inc. 01520'2 s»wa/r'A'Page z1o»'27e Project No. 13860`A8 O7/12/23 B. Maintain existing roads used during construction free from accumulation of diA, mud and construction debris. Roads shall be considered "maintained" when material has been removed by o sweeper. Multiple sweeper poaoea may be required to clean the existing surfaces sufficiently in Engineers opinion, Aggregate surfaced roads and drives will be considered ^maintained^ when dirt and soil contaminants in excess of 1^ diameter have been removed and the total volume of contaminants remaining is estimated to be |eaa than 114cubic foot. Contractor shall control dust from operations in all circumstances. Comply with dust control provisions in Section 01575. C. Contractor shall repair or replace existing roads to original or better condition prior to Final Completion, Survey and record condition of existing roads prior toconstruction. 2.07 CONTRACTOR'S STAGING AND WORK AREA A� Construct and maintain staging area in location previously agreed up with owner, B. Provide minimum nf4'inches crushed stone surface, C. Work Amac 1 Limitoonetruction operations and storage of equipment and materials to areas shown on Drawings and an determined byEngineer. Z Excepc as provided herein, no aidewm|k, private property, or other area adjacent to Site shall be used for storage ofContractor's equipment and materials unless prior written approval io obtained from legal owner of the respective locations. 3 A reasonable amount ofstructural and other type material to be used during construction may, with written approval ofagency having jurisdiction, be otnnad in streets or highways acUooeot to Site, but only to an extent that is absolutely necessary to ovoid delay in construction. A copy of written approval shall be submitted to Engineer. Such materials will not be allowed to accumulate but shall be replenished from day to day as required. Permission to store materials shall be revocable at any time. Contnactor, if so ordered, shall immediately upon receipt of order, or within a finne to be therein stated, remove such materials. 4. Contractor shall maintain staging areas during construction in a manner that will not obstruct operations on any street areas. Work oheU proceed in an orderly mooner, maintaining construction Site and staging area free of debris and unnecessary equipment ormay^ria|s. Z08 SECURITY A. Security MU not be provided byOwner. B� Contractor shall be responsible for loss or injury to persons or property where Work is involved, and shall provide security and take precautionary measures to protect Contractors and Owner's interests. C, Provide and maintain temporary fencing of design and type needed to prevent entry onto Site by public. 2.09 ENCLOSURES A. provide and maintain all enclosures, ocoffo/dn. 1arpau|inn, canopiao, warning signs, s1eps, p|atfnrmn, bridges, and other temporary construction necessary for proper completion of Work. 2.10 PARKING Donohue &Associates, Inc. CONSTRUCTION FACILITIES Project No. 138GO,4G EXHIBIT vvpayez11mzro 01520-3 07/12/23 A, Staging area and designated areas within construction |inho may be used for parking of construction personnel's private vehicles and Contractor's lightweight vehicles. B. Oo not allow heavy vehicles ur construction equipment in parking areas. C. Make arrangements for additional parking off site as required. 2.11 CONTRACTOR'S FIELD OFFICES AND BUILDINGS A. If required by Contractor, erect where designated by Enginear, and maintain temporary field office and tool and storage buildings for Contractor's use, B. Buildings xhoU be neat and well conytructed, surfaced with p|ywood, niding, meoonito, or other similar material, well painted and void ofadvertisements. PART 3— EXECUTION 3,01 GENERAL A. Maintain and operate systems to ensure continuous service for duration of construction, B. Modify and extend uyotamo, oa Work progress requires. 3,02 REMOVAL A. Completely remove temporary materio|a, equipment, nigna, and structures when no longer required. B. In unfinished oroma, clean and repair damaged caused by temporary installations or use of temporary facilities, restore drainage, and evenly grode, seed or plant as necessary to provide appearance equal toor better than original, C. In finished areao, restore existing or permanent facilities used for temporary oamioeu to specified, or original condition. 103 DAMAGE TO EXISTING PROPERTY A. Contractor is responsible for replacing or repairing damage to existing bui|dinga, ntructuneu, nidewo|ka, roads, parking onsoa, and other existing assets. B. Contractor shall have option of having Owner contract for such Work and have cost deducted from Contract Price. 3,04 OWNER'S USE A. Upon acceptance of Work, or portion of work defined and certified as Substantially Complete by Engineer, and Owner commences full-time successful operation of facility or portion thenaof. Owner will pay cost for utilities used for Owner's operation. Contractor shall continue to pay for utilities used until final acceptance of Work, except as provided herein. Hmwever, heat for bLi|ding as required for construction purposes shall still be paid by Contractor un|ens, due to occupancy by Owner, more heat shall be required due to increased temperature or lengthened duration, in which case Owner will bear difference incost. END OF SECTION CONSTRUCTION FACILITIES Donohue &A000ciatee. Inc. 015204 EXHIBIT'A'Page 21x«rcro Project No. 1306O`AU O7/12/23 SECTION O1575 ENVIRONMENT PROTECTION PART1 '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, uhoU maintain work areas free from environmental pollution that would bein 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 apaon to their proonnntruntion elevations except where surface elevations are otherwise noted tubechanged. 2. Maintain natural drainage patterns. 3. Conduct construction activities in such m manner that ponding of stagnant water conducive ho mosquito breeding habitat will not occur at any time. C. Land resources: 1. Do not remuve, uut, defaoa, injure, or destroy trees or other vegetation outside the Work area limits. 2. Do not namovm, nu¢, defaoe, injuna, or destroy trees or other vegetation inside the Work area limits, designated hube preserved, except on permitted byEngineer. 3. Land pesouroes 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 maLoria|s, uoncva1e, earth ur other debris from entering existing storm sewers ur 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 |akeo, et,eams, rivers or wetlands by dumping of nafune, rubbish, dredge material ordebris. Donohue &Associates, Inc. ENVIRONMENT PROTECTION Project No, 138GO+48 E«monvv Page z1»mure 81575-1 07/12/23 3.04 DISPOSAL OF EXCESS EXCAVATED AND OTHER WASTE MATERIALS A. Excess excavated material not required or suitable for backfiU and other waste material shall be disposed ofin accordance with federal, state, and local regulations. B� Provide watertight conveyance of |iquid, semi-liquid or saturated mehario|n which tend to bleed duringtransport. Liquid loss from transported materials ia not permitted, whether being delivered to construction site or hauled away for disposal, 305 PROTECTION OF AIR QUALITY A. Minimize air pollution by requiring use of properly operating combustion emission control devices on construction vehicles and equipment and encourage shutdown of motorized equipment not in use B, Do not burn trash on Site. C. If temporary heating devices are necessary for protection of Work, they shall not cause air pollution. 3�06 USE OF CHEMICALS A� Chemicals used during project construction or furnished for project opanatkzn, whether harbicide, posticide, diuinfeohant, pmlymer, reactant or of other o|enoification, shall be approved by U.S. EPA or U.S. Department of Agriculture or any other applicable regulatory agency. B. Use and disposal ofohemioals and residues shall comply with manufacture's instructions. 307 NOISE CONTROL & Conduct Wenshona to cause least annoyance to residents in vicinity of Work, and comply with applicable local ordinances. B. Equip conatruction equipment and other apparatus with mechanical devices necessary to minimize noise. C. Equip compressors with silencers on intake lines. O� Equip gasoline or oil-powered equipment with silencers or mufflers on exhaust lines. E, Line storage bins and hoppers with material that will deaden sounds. F� Route vehicles carrying mck, onncnate, or other material over such streets as will cause least annoyance to public and do not operate on public streets between hours ofG:U0pm and 7:00am. nor on Saturdays, Sundays or legal ho|idaye, unless approved by Owner. 3.88 OUSTC0NTF�JL A� Take special care in providing and maintaining temporary noadu. Owner's existing nnado. and public roads used during construction operations in clean, dust free condition. B� Comply \Mth local regulations for dust control, If Contractor's dust control measures are considered inadequate by Enginoer. Engineer may require Contractor totake additional dust control measures. ENVIRONMENT PROTECTION Donahue &Associates, Inc. 01575'2 E»n/on'«'Page z14»rz/a Project No. 13868-A8 O7/12/2J 109 FUELS AND LUBRICANTS A. Comply with local, atate, and federal regulations concerning transportation and storage ct fuels and lubricants. B. Fuel storage area location shall be approved by Owner prior kzinstallation. C. Report api|a 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 OFSECTION Oonohue &Associates, Inc. ENVIRONMENT PROTECTION Project No, 13860`A8 s»n/e11v'p»gn215o'2/e 01575'3 07/12/23 GECT|ONO1815 MATERIAL AND EQUIPMENT PART 1 —GENERAL 1U1 SUBSTITUTE AND "OR EQUAL" ITEMS A. When equipment ormaterial is specified by naming one or more manufacturers or suppliers followed by words "No Substitute is Pennitted^. Contractor shall provide one of the named manufacturers orsuppliers. B� ''Or Equal" Items: For material or equipment specified by naming one ormore suppliers or manufacturers followed by the words "Or Equal", Contractor shall make oubmitta| in accordance with Section 01330. Engineer will review submittal in accordance with Supplementary Conditions, C� Substitute Items: 1 For material or equipment specified by naming one or more suppliers or manufactures and not followed by the words "Or equal" or"No Substitute is Pennhted^. Contractor ahsd| submit "Request for Substitution" in accordance with General Conditions for material or equipn#ent not specifically named. 2 Requests for Substitution will be considered by EnOinaer, subject to Contractor's representations and review provisions of Contract Documents, when one or more ofthe following conditions are satisfied. a. Where required equipment or material cannot be provided within Contract Time, but not as naou|1 of Contractor's failure to pursue Work promptly or coordinate various ac:ivihespmper|y. b. Where packaging of several items of equipment from single source will provide maintenance and coordination advantages toOwner. c When Contractor proposes to provide Owner with cost savings. 3 If Engrineer approves Contractor's Request for Substitution, Contractor shall make submittal in accordance with Section O1330. D. Conditions Which Are Not Substitutions: 1 Contractor options provided for inSpecifications. 2� Revisions to Contract requested by Owner or Engineer. 3 Contractor's determination of and compliance with governing nagulahono, except as provided for in Contract Documents. 1�02 REUSE OF EXISTING MATERIAL A. Except as specifically indicated or npeoified, do not use removed materials and equipment in new Work- All material and equipment incorporated into the Work oho|| be new, and an epenified, except as otherwise provided in the Contract Documents. B� For material and equipment specifically indicated ur specified 1oba reused in new Work. 1, Use special care in removal, hendUng, stonage, and reinstallation to ensure proper function in completed Work, 2. Provide for tronnportahon, ntorage, and handling of products which require off-xiln atora0a, restoration, or renovation. Donohue &Associates, Inc. MATERIAL AND EQUIPMENT �x*|anvvp��zn«/a/a 016�5 1 Pn�a� No� 13860-A8 - 07/12/23 1�83 MANUFACTURER'S INSTRUCTIONS A, Installation of equipment and materials shall comply with manufacturer's written instructions. Maintain o,ie set of oomp|aha instructions stjob site. Distribute printed copies of instructions hz parties involved in installation, including 1 copy toEngineer. Provide 1 electronic copy es a searchable, bookmarkedPOFdooumentto the Engineer. B. Hand|e, store, install, uonnoct, dean, oondhion, 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. Oo not proceed with Work without written instruction mf Engineer, 104 TRANSPORTATION AND HANDLING A. Arrange deliveries of material and equipment in accordance with Construction Progress Schedule. B. Deliver materials and equipment in undamaged oundhion, in manufacturer's original containers or paokaging, with identifying |ebe|n intact and legible. C. Protect bright-machined eurfamas, such as shafts and valve hoces, with heavy coat ofgrease prior+oshipment. D� Immediately upon do|ivery, 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. Gtore, protect, and maintain material and equipment in accordance with manufacturer's written instructions. B� Temporary storage areas and buildings shall conform to Section O1528. C� Owner assumes no responsibility for damage or |000 due to storage of materials and oquipment- 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 hsbhoahad materials and equipment above ground, on blocking or skids, to prevent ani|inc or staining. Cover materials and equipment subject to deterioration wdh impervious sheet coverings. Provide ventilation 10 avoid condensation. MATERIAL AND EQUIPMENT Donohue &Associates, |mc. 01815-2 s»*|onvv Page z1eo/u7» Project No. 13860-A8 OT/12/23 2� Store k:)oae granular materials in well-drained area on solid Surfaces to prevent mixing with foreign matter, 3. Store materials such as pipe, reinforcing atee|, structural steo|, and equipment on pallets or racks, off ground. F. Inspection and Maintenance: 1. Arrange storage to provide easy access for inspection, maintenance, and inventory, 2. Make periodic inspections of stored materials and equipment to ensure materials and equipment maintained under specified conditions are free from damage ordetmnormdor. and coverings are in place and in condition to provide required protection. G. Assume responsibility for protection of completed construction and repair and restore damage to completed Work. H. Wheeling of loads over finished #ooro, with or without plank pmtaotion, not permitted in anything except rubber tired vvhoe|ba,nzwo, buggieo, trucks or dollies. This applies to finished floors and exposed concrete floora, as well as those covered with other applied surfacing. |. 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 oize, moke, type, and quality specified mrao approved unsubmittals. B� Deaign, tabrioahe, and assemble in accordance with engineering and shop practices standard with industry. C� Manufacture like parts of duplicate units to standard sizes and gaugeo, to be interchangeable. Two or more items of same kind shall he identical, by same manufacturer. D. Material and equipment ohoU be suitable for service conditions, Design so working parts are readily accessible for inspection and mpair, and easily duplicated and replaced. E, Equipment capabilities, sizes, and dimensions shown or specified shall be adhered to, unless specifically approved in accordance with General Conditions. F� Equipment shall be adapted to best economy in power consumption and maintenance, Parts and components shall be portioned for stresses occurring during continuous or intermittent mperadon, 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' Project No. 13860-48 ExH|e|r'A'Page z1en,zrn 01615_3 U7/12/23 SECTION 01735 ALTERATION AND DEMOLITION PROCEDURES PART 1 —GENERAL 1�01 SUMMARY A. Section Includes: 1. Cutting and patching. 2. Alterations Vz existing buildings orstructures, 3. Oemo|ition, namova|, and abandonment ofexisting facilities. B. Work Includes: 1. Cutting moving or removal of items as shown onDrawings. 2. Cutting, moving or removal ofitems as necessary to provide access to allow alterations and new Work toproceed. 3. Cutting, moving or removal ofitems riot shown Vo be cut moved or mmoved, but which must be cut` moved or removed to oUoxv new Work to proceed. 4� Patching or reinstalling Work or items which are to remain in finished Work, 1.02 SUBMITTALS A� TeatReou|na: 1. Facility condition surveys, B� Miscellaneous Submittals: 1. Alteration and demolition schedule and operational sequence. C. Submit in accordance with Section 0133O. 1�03 C)UAL|TYASSURANCE A. Conform tc requirements nf regulatory agencies and utility companies, 1.04 PROTECTION AND CONTINUITY OF OPERATIONS AND UTILITIES A, Perform Work with trades qualified to perform Work in manner causing least damage to each type of Work, B. Protect existing finioheo, aquipment, and adjacent Work which is to remain, from damage. C. Protect existing and new Work from weather and extremes oftemperature, O. Do not pile material to endanger building or structure. E, Structural stability of structures adjacent to o/ affected by Work shall be Contractor's reoponsibillity. Provide ohoring, needUng, and bracing to keep buildings or struCtures otrootunsU� secure and free of damaging deflection ornett|emenL F� Do not close or obstruct streets, mm|ku, or other facilities occupied and used by Owner and public without prior written permission from Owner and others having jurisdiction. Donohue &Aosouimtea~ Inc. ALTERATION AND DEK8DUT|[)N PROCEDURES sxme/�n'�aoe xz1 ^,zre Q1735 1 Pn�e�� No� 1386O,43 _ 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, VVhens 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 soau not tu interfere with Owner's operations. 2. Provide and maintain continuous e|ecthma|, plumbing, and HVAC aewkma to functioning portiors of facilities during hours normally in use, 3. Temporary outages are pennb0ad during cutover work at such times and p|eomn as can be pe*arrongedwhh 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 outoverVVork at such times and places as can be pre-ormangedwith Engineer and Owner. Keep such shutoffs to minimum number and length, Once Work has started on temporary shuhoff, continue until Work is complete. Make mo shutoffs without prior approval. 1 Remove temporary equipment and materials when no longer required. 1.05 TEMPORARY ELECTRICAL AND MECHANICAL SERVICES A� Comply with Section O152O. 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 tocontinue operation of faci|ity. 1 Provide temporary electrical connections to temporary equipment or existing equipment that has been relocated, but ia required to continue operation offacility. C. Mechanical: 1. Maintain existing interior work area above GO"F. 2. Provide weather pnoteckon, waterpmofing, hea\, and humidity control to prevent damage 8o remaining existing and new Work. PART 2— PRODUCTS 2.01 PRODUCTS FOR PATCH|NG, EXTEN0NG, AND MATCHING A. Provide same products, salvaged materials, types of construction or finish as that in existirg mtructure, as needed to patch, extend or match existing Work, PART 3— EXECUTION 3,01 PREPARATION ALTERATION AND DEMOLITION PROCEDURES Donohue &Asanoiaten. Inc. 01735'2 s»H/o/rn'raoezzo»'c/a Project No. 1386O`A8 U7/12/23 A. Prior*z alteration or demolition of facilities, accomplish following: 1. Owner ns|eama of facility. 2. Electrical, HVAC, pnzoeos, 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 effected by Work. After Work complete, survey conditions again and restore facilities tooriginal condition atno additional cost to Owner. Conduct surveys in presence ofEngineer. B. Where new Work in to be installed or suspended concealing existing surfaces or spaces, Contractor shall remove hznai0n substances such on Qnmeae, o|udge, and odoriferous material before starting Work. C. Where surfaces are to remain expooad. Contractor shall remove foreign substances such as grease, sludge, and odoriferous material. D. Coordinate alteration and demolition Work so new construction installed before, durinO, and after Work may commence without undue delay. 3.02 CUTTING AND PATCHING A. Cut finish surfaces such as monon/y, d|e, plaster ormetals, by methods 10 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 X Remove concrete, steel and masonry to extent indicated onDrawings. B. Remove equipment and appurtenances to extent indicated onDrawings. C. VVhove existing materials and equipment are removed or re|oonted, remove materials no longer used such as otuda, atnapa, conduits, ducto, winaa, anchors, and supports. Remove or out off concealed or embedded materials and equipment to at least 1 in. below final finished surface. U. Repair affected surfaces to conform to type, quality, and finish of adjacent surfaces, E. Dispose cf removed items eo specified herein. 3.04 RESTORATION A. Where existing partitions are nemovad, patch f|ooro, woUs, and ceilings with finish mater4|a matching existing 1oprovide smooth planes without breaka, steps, or bulkheads. Trim and refinish doors aa necessary to clear new floors ur 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 8z patching finish. Donohue &Associates, Inc. ALTERATION AND DEMOLITION PROCEDURES Project No. 138SO,A8 ExHmn'A'Page az»mzre 01735-3 O7/12/2'3 2. Refinish patched portions of painted or coated surfaces to produce undbnn color and texture over entire surface. 3. When existing surface finish cannot be matuhed, refinish entire surface to nearest intersection. C� When nevv Work abuts nr finishes flush with existing VVnrk, transition shall match existing adjacent Work in texture and appearance so patch or transition is not visible at e distance of SfeeL O. When smooth transition is not possib|e, terminate existing surface along straight line at natural division, and provide appropriate trim. E. Clean and repair damage caused by installation or by use of temporary facilities. 1. Remove foundations and underground installations used for construction aids. 2. Grade areas affected by temporary installations to required elevations and slopes. F. Restore existing facilities used for temporary purposes to specified, or original, condition. 3.08 CLEANING A. Perform periodic cleaning and final cleaning ea specified in Section 01740. 1. Clean Owner occupied areas daily. 2. Clean apiUoge, ovonopmy, and heavy collection of duet in Owner occupied aname immediately. B� At completion of alteration and demolition Work in each area, provide final cleaning and return space to condition suitable for use by Owner. 3.09 DISPOSAL A. Remove debris from site each day. B. Equipment and materials not scheduled to be salvaged or reused in new Work shall become property of Contractor to be disposed of in accordance with applicable laws. C. Debris and other undesirable and unsalvageable material resulting from alteration and demolition operations shall bo legally disposed offsite. ENO OF SECTION ALTERATION AND DEMOLITION PROCEDURES Donohue &AonouioVeo. Inc. 01735'4 E»ma|T'A'Page zz*»fz/m Project No. 13860'~:.* O7/12C23 SECT|0NO174O CLEANING PART 1 -GENERAL 1�01 SUMMARY A Perform cleaning throughout construction period and at completion ofWork. O Refer Vo Specification sections for specific cleaning products orWork. C. Conduct cleaning and disposal operations to comply with coden, ondinanueo, regu|ahonn, and anh'poUudoo |awm, PART 3 'PRODUCTS 2�01 CLEANING MATERIALS AND EQUIPMENT A, Use only the cleaning mehario|a and equipment which are compatible with the surface being cleaned, ao 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 wi-h general Conditions. B, Provide or-site containers for collection and removal of waste materia|o, debhu, and rubbish inoncondance with applicable regulations. C, An required preparatory to installation of succeeding materia|o, clean the structures or pnrb- nant portions thereof to the degree of cleanliness recommended by the manufacturer ofthe succeeding moterim|, using equipment and materials required to achieve the necessary clean- liness, O. Following the installation of finish Moor mateho|o, clean the finish floor daily (and more often if necessary) at aUhmeo while work is being performed in the space in which finish moeha|s are installed. 102 FINAL CLEANIING A Remove gnemse, mautin, adheaives, dust, dirt, stains, fingerprints, |obe|e, and other foreign materials from exposed interior and exterior surfaces. B. Wash and shine glazing and mirrors. C. Polish glossy surfaces to clear shine, U� Ventilating Systems: 1, Clean permanent filters and replace disposable filters if units were operating during construction. 2. Clean ducta, b|owers, and coils if units were operated without filters during construction. Donohue&Associates, Inc. CLEANING exn|enp/p»ne cz�«'n,e 01740 1 Project No. 138GO-A8 07/12/23 E. Electrical Systems: 1. Leave electrical equipment rooms broom clean. 2. Clean mteriorof panel cobinetu, pull boxeo, and other equipment enclosures. 3. Clean |ightingfixtureo. |empn, and other electrical equipment soiled during installation. 4. Touch-up paint or repaint finishes on e|oohoa| items delivered to Project with finished coat ofpaint. Engineer will make final determination of items tobe repainted ortouched' up� F. Broom clean interior hard surface floors and exterior paved surfaces. Rake clean other surfaces cfgrounds. 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 roods during construction of accumulated material. Clean paved streets with water. L Prior to Final Completion or Owner occupancy, Contractor, with Engineer and Owner, ohmJ| conduct inspection of exposed interior and exterior surfaces and work areas to verify Work and Site ioo|eon. 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 beos determined by Engineer in accordance with the General Conditions. END OFSECTION CLEANING Donohue &Associates, Inc. 01740'2 sxH|e|T'A'Page czsofzro Project No. 13860'A8 O7/12/23 SECTONO178S PROJECT RECORD DOCUMENTS PART 1 -GENERAL 1.01 SUMMARY A. Throughout pn»gneou of the VVork, maintain on 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 hzContract. 5. Engineer Field Dn]erm, written instructions, or clarifications. 8� Approved Shop Drawings and other Work-related submittals. 7. Field modifications made 0z equipment by Contractor, Subcontractors and Suppliers. 8. Construction photographs, B. Associated permits. 10. Certificates of inspection and approvals. 1,02 PAYMENTS A. Progress payments will not be made until the Contractor has demonstrated tothe Engineer that a memkad up set of Drawings is being satisfactorily maintained on the site and is available for Engineer's review as specified herein. 1.03 SUBMITTALS A. Prior to Substantial Comp|adon, submit revised copies of approved Shop Drawings and other Work-related submittals for equipment modified in field by Contnso*zr. Subcontractors, and Suppliers. B. Prior to oibmhting request for substantial oomp|ehnn, 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 Ducumentsto Engineer for Owner. O. Aocompany submittals with transmittal letter containing following: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4, Title c-'record document. 5. Signature nf Contractor or authorized representative. PART 2—PRODUCTS (NOT USED) Donohue &Aonocio0as. Inc. PROJECT RECORD DOCUMENTS Pro|ect No. 138GO+\8 s»mmT'A'Page zz/v/cra 01789-1 07/12/2J PART 3 ' EXECUTION 301 MAINTENANCE 0F DOCUMENTS AND SAMPLES A. Store documents in Contractor's field office apart from documents used for construction, B� Maintain documents in dean, dry, legible condition and in good order. Ou not use record documents for construction purposes. C. Label each document"PROJECT RECORD" in neat, large letters. D. Make docmmento and samples available for inspection by Engineer and Owner. E, Failure toproperly maintain record documents may be reason to delay e portion of progress payments until records comply with Contract Documents. 3.02 RECORD DRAWINGS A. Maintain one record set of Drawings legibly annotated to ehmm all changes made during construction and the final location of all underground piping and utilities. 1. The marked up set of Drawings shall be a compilation of all of the changes made by all of the trades involved. Individual sets from the various subcontractors will not be accepted. 2. The marked up set ofDrawings shall graphically show the changes. Reference \oHF[s. Change Orders, Field Orders, etc. will not boaccepted. 3, The marked up set ofDrawings shall incorporate changes made tmthe primary drawings, and shall include the corresponding changes made to the ancillary drawings. 4� Changes made tothe process drawings, electrical drawings. and |&C drawings ahoU be depicted on the P&|D'o. 8� Record information concurrently with construction progress. C. Drawings: 1� Gnaphiiica|ly depict changes by modifying or adding to p|enn, detai|s, sectiono, elevations, or schedules. 2. Using red colored pencil or pen, clearly describe the changes by graphic line and note as required. Provide supplemental photographs where required to clarify drawing mark up. 3. Note tnefollowing: a. Depths of various elements of foundation in relation to finished first floor elevation. b. Field changes. c. Details not on uhQima| Drawings, d. Location and identification of exposed interior pipinQ, including those shown schematically onDrawings. e. Location and size of equipment including connections. t Departures from original Drawings. ENO OF SECTION PROJECT RECORD DOCUMENTS Donohue &Aasociates. Inc. 01789'2 e»:mn»'Page zzn»'o/a Project No. 138SO,A8 O7/12/23 DIVISION 3 CONCRETE EXHIBIT'A Page 229 of 278 07/12/23 3ECTONO39JO REHABILITATION DFCAST'|N-PLACECONCRETE PART1 'GENERAL 1V SUMMARY A. Provide concrete c|eaning, naaurfaoing, and rehabilitation where shown on the Dnawinga, an specified herein, and mn needed for a complete and proper installation, 1.02 SUBMITTALS A. Product Data. 1. Manufacturer's product data and installation instructions. B. Submit in accordance with Section O133O. 1D3 PROJECT/SITE CONDITIONS A. Contractor shall be familiar with concrete areas designated for cleaning, reourfaoing, and nap.;r prior tosutnittingBid. No additional cost shall be authorized for Work after Contract Award, B� Contactor shall not he responsible for cleaning, nesurfauing, or repair ofconcrete surfaces not exposed foir inspection prior to submittin0 Bid, not designated for cleaning, enurfaning, or nape�. or areas requiring cleaning, resurfacing, or repair uncovered during construction operations C. Unless ourfaoes are protected from the weskher, do not ulean, mnudaca, or repair concrete surfaces w-ien temperatures are below freezing or will be below freezing for a period of 24 hours after work complete. PART2 'PRODUCTS 2�01 PRODUCTS A. Reinforcement Coating: 1� Manufacturers: a. Dura|pepA.0 by Euclid Chemical Company, b. SikaAmateo110EpoCem c. Or equal. B. Horizontal Repair Mortar. 2, Acceptable Manufacturers: a. VersaypeedL310Oby Euclid Chemkm| Company. b. Sikaquiok25OUbySikaCorporation, 1 Rapid Setting and Fast Drying Horizontal Repair Mortar for Repairs from 1/4' toG~ deep: Cement-basad, one namponent, rapid oetting, repair mortar, suitable for exterior use, and compatible with specified concrete coatings. Donohue &Associates, Inc. REHAB|L|TAT|ON0FCAST-|N'PLACE CONCRETE Project No. 13860+A8 s»mo|r»'P«o*za1 »/ue 03830-1 07/12/23 4. Repair Mortar shall be designed for adverse use in freeze/thaw environments. The manuisctunarsha|| certdy, in writing, its applicability in bonding to damp concrete Surfaces and to the uses intended in this project. 5. The mortar shall be gray in color. The cure temperature, pot life, and workability shall be compatible for intended use. G� Choose placement methods and appropriate specified repair materials for each particular field situation in accordance with |CR| 32O,1R Guide to Selecting Application Methods for Repair ofConcrete Surface. Submit placement methods to Engineer for approval prior to ordering, purchasing, taking delivery of materials, and commencing any repair work, 7. Product shall be in accordance with app|iosb|eAGTM standards for strength (48TM C103 and C348). shrinkage(ASTMC157). and crack resistance(ASTN1C1581). & Mortar scrub coat bonding agent shall be used in accordance with manufacturer's written instructions. Q� The finished repair shall have a color that matches the surrounding concrete. C. Vertical ard Overhead Repair Mortar, I Aocel1eb|eN1anufoctunam: s. EuconapairV1O0hy Euclid Chemical Company. h. SikequickVUHbySikaCorporation. 2, Sing le-component, quick-setting, low-shrinkage cement-based repair mortar with fiber reinforcement and integral ocxmeion inhibhor, formulated for trowel-applied vertical and overhead repairs of concrete structures in thicknesses from 1/8 inch (3 mm)to full depth. 3, Repair Mortar shall be designed for adverse use in freeze/thaw environments, The manufacturer shall nertify, in writing, its applicability in bonding to damp concrete surfaces and to the uses intended in this project, 4, The mortar shall be gray in color. The cure temperature, pot |ife, and workability shall be compatible for intended use. 5. Choo-% placement methods and appropriate specified repair materials for each particular field nfuation in mnonmanoe with |CR| 3201R Guide to Selecting Application Methods for Repair ofConcrete Surface. Submit placement methods to Engineer for approval prior to ordering, purchasing, taking delivery of materials, and commencing any repair work. G� Product shall be in accordance with app|ioob|eASTM standards for strength (4GT[W C105). shrinkage(ASTK8C157). and crack resistance (\3TK8C1581). 7. Mortar, scrub coat bonding agent shall be used for all trowel applied mortars in accordance with manufacturer's written instructions. 8. The finished repair shall have a color that matches the surrounding concrete. D. Epoxy Bonding Agent: 1. Manufacturers: a. K8asterEmauoADH Series by Master Builders Solutions. b. Oi�adur32 Hi-Mod by Sika Corp. c� Epox ba 2362 byA,C. Horn. d� Sure Bond J'58 by Dayton Superior. m. Epobond by L&K8 Construction Materials, Inc. [ Five Star Bonding Adhesive by Five Star Products, Inc. 2, Use when joining new to existing concrete, 3 Conforming toASTN) CG81, E. Non-Epoxy Bonding Agent: REHABILITATION 0FCAST-|N-PLACE Donohue&Associates, Inc. CONCRETE 03930'2 exn/anvr Page znzoru7n Project No. 13800-A8 U7/12/23 1. Manufacturers: a. Weld-Crete byLarsen Products Corp. b. MbstmrEmacoAGSOby Master Builders Solutions. c. ExorbondbyL&NY Construction Materials, Inc. Z Use when joining new to existing concrete when bonding agent cannot be placed immediately prior to placement ofnew concrete, 1 Conforming toA3TN1C1O59 Type ||. PART 3' EXECUTION 3.01 SURFACE CONDITIONS A. Examine t-ie areas and conditions under which work of this Section will be performed. 1. Correct conditions detrimental to timely and proper completion of the Work. 2. Do not proceed until unsatisfactory conditions are corrected. 102 PROTECTION A. Protect surrounding anaaa. |andsoeping, building 000upunta, pedeutriana, vehic|eu, and non- concrete surfaces during progress of the work of this Section from contact with chemical cleaners and otnppere, residues, rinse water, fumeo, wastea, and cleaning efOuentu, in accordance with the manufacturer's recommendations. 3.03 SURFACE PREPARATION A, Concrete Removal. 1. Remove uneound, damaged, fou|ed, porouo, or otherwise undesirable concrete, Removal outlines shown on Drawings are approximate. 2. Engineer will inspect concrete removal and determine whether or not remaining concrete in sound 3. Unsound concrete in generally defined on concrete easily removed with hand-held pneumatic chisel. In genenai, sound concrete in considered as having been exposed when cracks are no longer visible and pieces of aggregate fracture before being dislodged intact. 4� Clean surface of existing concrete to be bonded to new Work by one of the following: c. Rnee. sandblast, and rerinee. d Rnoo. brush with power operated wire brushes, and rehnne. e. Aa recommended by bonding compound and reinforcing coating manufacturer. B. Shaping '.4underiao. 1. Cut back edges of areas tobe repaired sharp (do not feather odges) perpendicular 1oface of existing concrete surface, and at least 3/4 inch deep, except do not cut into reinforcing. Z Top edge of area shall be sloped about 3:1 to permit placement of concrete without forming void mr air pocket at top of repaired area. 1 Where entire thickness of concrete is to be removed, remove concrete from both sided to preventspa||ing, Round corners of repaired areas where possible. C. Reinforcing. 1, Remove unsound concrete around reinforcing. 2. Remove rust from existing reinforcing beyond thin film. Donohue 8Aoaociates. Inc. REHABILITATION OFCAST'|N'PLACE CONCRETE exmo/T'�'paga znn ofcre 0393Q'3 Pn�e�� No� 1�86O��8 O7/12/23 3. Provide new reinforcing and dowels asshown. 4. Coat existing reinforcement sanoted. D. Bonding, 1. Prior tioplacement of new cast-in'p|ane concrete or repair mortar, coat existing concrete wilth bonding compound in accordance with manufacturer's recommendations l Bonding compound shall be as specified herein. Bonding compound ahoU be compatible with repair product used. 3.04 REPAIRING EXISTING CONCRETE A. Pressure inject cracks where noted and in accordance with Section 83B3G. B. Repair cletariorated concrete with repair mortar as noted in Drawings and as specified herein. C� Coat surfaces of exposed reinforcement with nemontitimuocoating vvhena noted. Prepare surface as specified herein and in accordance with manufacturer's recommendations, Provide 2 coats, thickness ao recommended by coating manufacturer. END OFSECTION REHABILITATION OFCAST'|N'PLACE Donohue&Associates, Inc. CONCRETE 03830-4 Exn/B|T'x Page zn4o,orm Project No. 13860-A8 07/12/23 SECTON0SS3G FOAM INJECTION GROUTING PART 1 —GENERAL 1�01 SUMMARY A. Provide pxeuoure injection of existing concrete with hydrophilic liquid fmorn at locations where shown on Drawings or otherwise directed by Engineer, as specified herein, and as needed for a complete and proper installation. 1.02 SUBMITTALS A Product Data: 1, Foam manufacturer's literature. B. Miscellaneous Submittals: 1 Statement detailing Contractor/Subcontractor previous experience and personnel performing comparable Work. 2 Proposed technique and equipment. C. Submit in accordance with Section O1330. 1�03 QUALITY ASSURANCE A. Contractors/Subcontractor shall have successfully used injection process on min of 5000 linear heatover past 5years. PART 2—PRODUCTS 2,01 MATERIALS A. Manufacturers (Non-Potable Water): 1. Dural Aqua-Dam by Euclid Chemical. 2. 3ikoFixHH+ bySikoCorp. B. Liquid that when it comes in contact with wmtor, expands and quickly cures to Vough, flexib|e, c|onedoe|. polyurethane foam. C, Cured foam shall be low in toxicity and noncorrosive PART 3—EXECUTION 3.01 GENERAL A, Examine the areas and conditions under which work of this Section will be performed. Correct ocndihono detrimental to timely and proper completion of the Work, Do not proceed Until unsatisfactory conditions are corrected, B� Inject cracks with foam in accordance with foam manufacturer's recommendations and as specified herein. Donohue &Aunocia1es. Inc. FOAM INJECTION GROUTING sxn|�/T�'� zaomzm O383O1 Project No. 13OG0,A8 »m* ' 07/12/23 3.02 EQUIPMENT A. Equipment used to meter and inject components into crack shall provide positive ratio control of proportions. B. Pumps shall be capable of discharging components at pressure up to 2500 pounds per square inch. C. Hosoa, gaugas, and injection ports shall be as recommended byfoam manufacturer. 3,03 PREPARATION A, Clean surfaces uf cracks of dirt, dust, grease, oil, efflorescence, or other foreign matter. B. Drill injection holes at approximately 45" angle intersecting crack at approximately middle of structural element. Locate holes along crack oe required oo foam flows from adjacent ports during injection. Space ao recommended by foam manufacturer. C� Install injection ports into holes. Flush crack clean with water to remove drilling dust. 3.04 FOAM INJECTION X Pump foam material into first/lowest port with suitable mechanical injection equipment. Maintain slmw, steady pressure rather than rapid build-up of pressure. Use the |ouuL amount of pressure required to completely penetrate the crock. B� Pump unti foam material reaches the next pod and pure resin is leaking from the crack or good qua|h/ foam has appeared on the surface of the crack. Move to next port and foUmw some procedure until length and width of crack is injected. C� Per-form iNection continuously until complete crack ininjected. 3.05 FIELD QUAL|TYCONTROL A� At completion of inj*otion, if nrooku or portion of cracks are not completely oea|ed, re-inject ports or spot drill and inject areas until entire crack iusealed. 3.06 FINISHING A. Upon satisfactory completion of irjection, remove injection ports and excess foam from surface, and repair and finish surface with Patching Mortar as specified in Section 03930. ENO OF SECTION FOAM INJECTION GROUTING Donohue &Associates, Inc. 03936'2 sxV|anvv Page zosorzra Project No. 13860-A8 U7/12C23 DIVISION 7 THERMAL AND MOISTURE PROTECTION EXHIBIT'A'Page 237 of 278 07/12/23 SECTONO7Q2U JOINT SEALANTS PART i -GENERAL 1,01 SUMMARY A. Preparation uf joint substrates and installation of joint sealants,joint backer materials and acces- sories needed to ensure a complete and durable weathertight seal at locations indicated. 1.02 REFERENCES A. ASTN1:Amoricnn Society for Testing and Materials 1.03 SUBM|F|AL@ A. Product Data: 1. Manufacturer's specifications and other data needed to prove compliance with the specified requirements. 2. Manufacturer's recommended installation procedures. 3. Catalog illustrations in sufficient detail to show installation and interface of the Work of this Section with the Work of adjacent trades. 4. Standard color card showing full range of colors available for each product exposed to view. B. Miscellaneous: 1. Written documentation of applicator's que|ificationn, including nahaponma projects ofoimi�ar scope and complexity, with current phone contacts of engineers and owners for verification. 2. Certification from sealant manufacturers that their products are suitable for the use indicated and comply with specification requirements. C. Submit in accordance with Section O1J3O, 1.04 QUALITY ASSURANCE A. Applicator shall be approved by sealant manufacturer and shall have at least three years experience in installing materials of types specified and shall have ouoneaefu||y completed at least three projects of similar scope and complexity. B. Obtain joint sealants from single manufacturer for each different product required to ensure compadbillity. 1, Provide joint sealants,joint fillers and accessory joint materials that are compatible with one another and with joint substrates under Project conditions. 2. Provide joint sea|anto, joint fillers and related joint metmha|u that are nonstaining to visible joint surfaces and surrounding substrate surfaces. 3. Manufacturer shall instruct applicator in procedures for intersecting sealants. C. Perform Work in accordance with AST[N C'1193 guidelines except vvheva more stringent requirements are indicated orspecified. Donohue &Aosoniatea. Inc. JOINT SEALANTS Projectn m U7828 No� 13451 sx*|s/T 'paoazsy z7a -1 07/12C23 O. Schedule applications ofwaterproofing, water nape|lents, and preservative finishes after sealant installation unless sealant manufacturer approves otherwise in writing. Ensure that installed sealant io allowed kz cure sufficiently prior Vo subsequent applications, 1.05 DEL|VEHY, STORAGE, AND HANDLING A, Deliver the materials to Site in the manufacturer's unopened containers with all labels intact and legible sktirmeofuse, B. Maintain the products in a dry condition during de|ivery, stonoge, hand|ing, inataUadon, and concealment, 1.06 SUBSTRATE CONDITIONS A. Surfaces shall be broom dean, dry, oound, and free of voidn, bugho|es, noukpncketa, honeyoombs, pntruok/na, excessive mughneoo, foreign matter, froat, ioe, and other contami- nants which may inhibit application or performance of the sealant system. B. Provide joints properly dimensioned to receive the approved sealant system. 1.07 WARRANTY & Furnish written warranties against adhesive and cohesive failure of the sealant and against infi8nsdonofwaterondairthmughthesea|odjointforopehodo/3yeamfromdeteofoubntenda| completion. 1. Manufacturer's standard warranty covering materials. 2. |no\eUinQSubcontractor's standard warranty covering workmanship. PART2' PROOUCT3 Z01 ACCEPTABLE MANUFACTURERS A. Tremno. B. Sike. C. Emnemi D. Or Equal. Z02 SEALANTS A. The eeu|ar-,t products listed are set as m standard of quality. Sealants of other manufacturers shall meet mr exceed the characteristics of the products listed. B. Provide cok)rs selected by Engineer from manufacturer's standard color range. C� Sealant Type B: 1� For interior and exterior joints in vertical surfaces and non-traffic horizontal surfaces; such as. m. Control and expansion joints in concrete unit or brick masonry. b. Metal panel joints. c Joints around frames of doors, windows, louvers, and other similar openings, JOINT SEALANTS Donohue &An000iaten. Inc. 07020'2 cx*/s/T'A'peeez400/zrn Project No. 13451 O7/12/23 d. Under metal thresholds, e. Joints in sheet metal flaahinga. f, Trim nr finish joints, Z Sing|e'oumponerd or multi-componerd, non-sag polyurethane sealant having 2696 joint movement capability that is suitable for continuous immersion in water; comply with A3TN1 C920. Type SorM. Grade NS, Class 25. 1 Acceptable Sealants: s. Tuernno Vu|kem11G b. Tnernoo—Oymehc24O/24OFC D. Sealant Type C: 1� For interior and exterior joints in horizontal and sloped traffic surfaces; such as contmk expanamn. and isolation joints in concrete pavement and sidewalks. Z Sing le-component or multi-component polyurethane sealant having Shore A hardness o[ not less than 25 or more than 50 and 2596joint movement capability that in suitable for continuous immersion in water; comply with AGTN1 C820' Type Sor K8, Grade PorNS,, Class 25. 3. Acceptable Sealants: a. T^enoo—Vu|kem45/245, 2,03 ACCESSORIES A� Joint Cleaner: Aa recommended by sealant manufacturer for substrates indicated. B. Joint Primer As recommended by sealant manufacturer for nubn1rates, conditions and exposures indicated. C� Bond Breaker: Polyethylene tape or other adhesive faced tape as recommended by sealant manufacturer to prevent sealant contact where it Would be detrimental to sealant performance, O. Joint Backer Polyethylene foam rod or other compatible non'waxinQ, non'extruding, non-staining resilient material in dimension 2596 to 50% wider than joint width as recommended by sealant manufacturer for substrates, conditions and exposures indicated. E. Masking Tape: Non+sta|ning, non'abaorbenttape product compatible with joint sealants and adjacent jont surfaces that ia suitable for masking. 2.04 OTHER MATERIALS A. Provide other mederia|a, not specifically described but required for a complete and proper installation, as selected by the Contractor and approved by the sealant manufacturer as compatible, subject to the approval of the Engineer, PART% ' EXECUTION 3.01 SURFACE CONDITIONS A. Examine the areas and conditions under which Work of this Section will be performed. 1. Verify conformance with manufacturer's requirements, 2. Report unsatisfactory conditions in writing toEngineer. 3. Correct conditions detrimental to timely and proper completion of the Work. Donohue &Associates, Inc. JOINT SEALANTS O792O3 Pn�ec1No. 1345l sxme/r�'pao*zm1o,zrn - 4. Do not proceed until unsatisfactory conditions are corrected. 302 PREPARATION A. Prepare surfaces to receive sealants in accordance with sealant manufacturer's instructions and recommendations except where more stringent requirements are indicated. B, Thoroughly dean joint surfaces using cleaners approved by sealant manufacturer vvhethar primemarerequiredormt. 1. Remove all traces of previous sealant and joint backer by mechanical methoda, such as by cutting, grinding and wire brushing, in manner not damaging to surrounding surfaces. 2� Remove paints from joint ourfoceo except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer. 3, Remove wax ui|, gnsnse, dirt, film remiduem, temporary protective coatings and other residues by wiping with cleaner recommended for that purpose. Use clean, white, lint-free cloths and change cloths frequently. 4. Remove dust by blowing clean with oi|-freo. compressed air. C, Provide joint backer material todepth required by sealant manufacturer forpnoperjointdesign. 1� Fit securely bycompressing backer material 25% \o 5096 so no displacement occurs during tooling. 2. Avoid stretching or twisting joint backer. U. Provide bond-breaker where indicated or recommended by sealant manufacturer, adhering strictly hzt �- manufacturer's installation requirements. E. Prime joint substrates where required. 1. Use and apply primer according to sealant manufacturer's recommendations. 2. Confine primers 0z sealant bond surfaces; do not allow spillage ormigration onto adjoining surfaces, F. Taping: 1. Use masking tape vvhena required to prevent sealant or primer contact with adjoining surfaces that would be permanently stained or otherwise damaged by such contact or the cleaning methods required for removal. 2. Apply tape so an not to shift readily and remove tape immediately after tooling without disturbing joint sea[. 303 INSTALLATION A� Coordinate as required with other trades to assure proper and adequate provision in the work of those trades for interface with the Work of this Section. B� Provide the approved sealant system where shown on the Dravvingn, and in strict accordance with the manufacturer's recommendations as approved byEngineer. C. Install sealants immediately after joint preparation. O. Mix and apply multi-component sealants in accordance with manufacturer's printed instructions, JOINT SEALANTS Donohue &Associakes. Inc. 07920'4 cxma|TW Page 2*znrzro Project No. 13451 E. Install sealants 0o fill joints completely from the back, without voids or entrapped air, using proven techniques, proper nozzles and sufficient force that result in sealants directly contacting and fully wetting joint surfaces. F. Install aoo|onts to uniform cross-sectional shapes with depths relative to joint widths that allow optimum sealant movement capability as recommended by sealant manufacturer. G. Tool sealarts in manner that forces sealant against back of joint, ensures firm, full contact at joint interfaces and leaves o finish that is omuoh, undbnn and free of ridgea, wrink|os, negs, air pockets and embedded impurities, 1. Dry hooiling is preferred; tooling liquids that are non'otaining, non-damaging to adjacent sur- faces and approved by sealant manufacturer may be used if necessary when oana is taken to ensure that the liquid does not contact joint surfaces before the sealant. 2. Provide concave tooled joints unless otherwise indicated to provide flush tooling or recessed tooling. 1 Provide recessed tooled joints where the outer face of substrate is irregular. H. Remove sealant from adjacent surfaces in accordance with sealant and substrate manufacturer's reoommendatkunsaa work progresses. |. Protect joint sealants from contact with contaminating substances and from damages. Cut out, remove and replace contaminated or damaged nee|onta, immediate|y, uo that they are without contamination or damage at time ofSubstantial Completion. END OFSECTION Donohue&Associates, Inc. JOINT SEALANTS O7A285 Project No. 13451 sxn|u|T'a'pagoz4ao/2m ' DIVISION 9 FINISHES EXHIBIT'A"Page 245 of 278 07/12/23 GECT|0NOQ&6O COATINGS PART 1 —GENERAL 1�01 SUMMARY X Coating of surfaces as noted on the Drawings and as specified herein, including: 1. New and existing surfaces damaged or otherwise modified during construction. 2. Interior concrete wall and ceiling surfaces where noted. B. Do not coat the following unless specifically noted otherwise: 1� Factory-finished electrical motor control center (MCC), main instrument panels (N1|P), flow indinatoro, and related equipment. 2. Moving parts of operating units, e|eothoe| parts, |inkagea, sensing devicea, and motor shafts. 1 Fadory4iniahedthm. 4, Stainless steel, chrome plate, copper, bmnze, galvanized surfaces, and similar finished materials. 5. A|umirum ductwork or aluminum faced insulation. S. A|uminum louvers and trim. 7. Plastic and FRP piping, equipment, and ductwork, C. Do not coat over any code-required labels such an UL and Factory K8utua|, or any equipment identifioatkon, performance rating, name. ur nomenclature plates. 1.02 DEFINITIONS A. Definitions ea used on Drawings and Coating Schedule included herein, 1. Coatings: Paint or heavy duty finishes for use on surfaces subject to interior and exterior expouuna, aubmergence, high moiatum, apkauh, or chemical environment, including primers, sealers, fillers, and intermediate and finished coats, 2. First Coot: Field primor, factory phmer, or shop primer. When only one coat is mquinsd, first coat is the finished coat. 1 Second, Third, or Intermediate Coats: Successive finished coats applied over first coat. 4. DFT Dry film thickness (mi|n/cmot). 5. sfpg� Square feet per gallon (per coat). 1�03 SUBMITTALS A. Product Data: 1, N1anu�cuna/s literature including application recommendations and generic makeup for each coating scheduled. 2. Factory or shop-applied primer manufacturer's literature including application mconr"nendctiono and generic makeup choU be submitted with all material and equipment submittals, All primers shall conform Vo the requirements of this Section. B. Gomp|ou: 1 Anua/color samples available for each coating scheduled, Oonnhue &Associabao. Inc. COATINGS OSSGQ-� Project No. 13816,48 sxmmrvv Page z4r�z/e C. Miscellaneous: 1, Schedules: a. Scnaclukaof proposed coating systems. b. Schedule ofproposed coating systems shall contain all information as indicated in Coating Schedule included herein. D. Submit in accordance with Section O133O. 1�04 QUALITY ASSURANCE A. Regulatory Requirements: 1, All coatings shall conform to OSHA requirements for e||owoNe exposure to lead and other�ozandouosubstances, B� Applicator Qualifications: 1. EnQew- an experienced applicator who has successfully completed coating system applications similar in material and extent to those indicated. C. Sing|e'Gcource Responsibility: 1. Provide coating material produced by same manufacturer for each system. 1.05 OEL|VERY, S—OHAGE, AND HANDLING A� [No8sria|s shall be delivered to site in original containers with |obo\a intact and oea|a unbroken. 8, Protect aid heat or cool material storage location to maintain temperature mangos nacommerded by coating manufacturers. but not less than 55° F� C. Avoid danger offire. Oily rags and waste must be removed from buildings each night orkept in mppmphske metal containers. Provide fire extinguishers of type recommended by coating manufacturer's in enoos of storage and where finishing is occurring. AUmm no smoking or open containers ofsolvent, D. Empty containers ahoU have labels canceled and clearly marked as to use. 1,06 PROJECT/STE CONDITIONS A, Environmental Requirements: 1� Dry-heat and ventilate areas to obtain conditions recornmencled by coating manufacturer. 2, Relatije humidity conditions as specified by coating manufacturer shall be adhered to. 1 No unprutec1ed, unheated exterior coating uhmU be undertaken when cold, damp, foggy, or rainy weather appears probab|e, nor when the temperature of the substrate is below 55" F, unless approved in writing by coating manufacturer. 4� Maintain manufacturer's environmental requirements until coating is fully cured. 5� Apply nm coating in areas where dust is being generated. G. ToatirQ and disposal of any waste and coating shall be the responsibility of the Contractor COATINGS Donohue &Associates, Inc. 09968'2 Ex*|a|T'*'Page 2womora Project No. 13860+48 07/12/23 B. Protection: 1. Drop dnths ohoU be provided in all areas where coating is done to fully protect other surfaces. 2. Remove hardware, accessories. plates, lighting fixtuvas, and similar items or provide protecion by masking. Upon completion, replace items or remove protection and clean. C Upon Substantial Comp|ation, remaining unused material will become property of Owner. 8oe| material as required for storege, mark contents with color, type, |ocobon, and shelf life, and store om Site where required byOwner. Provide minimum of two gallons of each system component and color used. PART 2—PRODUCTS 2,01 MANUFACTURERS A. Tnemoc B. Sherwin-Williams 2,82 MATERIALS A. Coatings shall meet surface burning characteristics as required by code and established by ASTKAE84. B� Coating pmducta listed in the Coating Schedu|e, are set as o standard of quality. Coatings of substitute manufacturers shall meet or exceed the characteristics of the products listed as established by the flowing ASTK8 standards; 8117. C307. C413, C579. C580. C868. D870, D1014. D1653. D2047. D2248, D2370. U2794, O3363. O4060. D4141, D4541, D4585. D4587. amdG85. C. If the Contractor wishes to offer a substitute to the products specified, the request for a substitute shall conform 1nthe requirements of Section 01615. O. The Contractor and top coat coating manufacturer shall verify the compatibility of their products with the various primers used on shop primed materials and equipment. 2.03 COLORS A. Color shall be formed of pigments free oflead, lead compounds, or other materials which might be affected by presence of hydrogen sulfide or other gases likely to be present at Site, B. Colors shall beon selected byOwner. 2�04 TH|NN|NG, AXING, AND TINTING A. Where thinning is necaaaary, 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. C� Each coat shall be slightly darker than preceding noat, unless otherwise noted. Tint undercoats similar tu finish coat. Donohue &Associates, Inc. COATINGS Project No. 13G1G`48 sxmmT'a'Page o4eorz7 x 09980'3 O7/12/23 PART 3—EXECUTION 3.01 EXAMINATION A. Examine the areas and conditions under which Work of this Seok»o will be performed. Correct conditions detrimental ho timely and proper completion of the Work, B. K8ateho|o vemovmd and replaced to correct defects due to Work placed on unsuitable surfaces shall beo\Contractor's expense. 102 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 behuobtain a unifnrm, dean. and dry surface. 2� Quality of surface preparation described herein in considered a minimum. If coating manufacturer requires a higher degree of preparadon, comply with coating manufacturer's recommendations. 3� Where,surface dryness is questioned, teat with dampness indicating instrument. Do not apply coatings over surfaces where moisture content exceeds that permitted by coating manufacturer. 4, If vscmot time between application of primer and second coot or between top coats is exceeded, scarify surface before applying coatings, Conform tn top coat manufacturers recommendations. 5� Workmanship for surface preparation shall conform to the following SSPC specifications, o. Solvent Clean: SP'1. b� Hand Tool Cleaning: 3P'2. c. Power Tool Cleaning: SP'3. d, White Metal Blast Cleaning: OP'5. e� Commercial Blast Cleaning: SP'6. t Brush-Off Blast Cleaning: SP'7. g. Pickling: SP-8. h. Near-White Blast Cleaning: GP'10. i Power Tool Cleaning to Bare Metal: SP'11. j. Surface Preparation by Water Jetting: SP-12. & Ferrous i-ta|: 1� Ferrous metal primed in the shop shall have all msi, dunt, scale, and other foreign substances removed by abrasive cleaning conforming to SSPC SP'10. Cleaned metal shall be primed or pretreated immediately after cleaning to prevent new rusting. 2. Ferrous metal not primed in the shop shall be abrasive blast cleaned in the field prior to application of primer, pretreatment, or coating. Blast cleaning shall conform to SSPC SP'10 for submerged service. Blast cleaning shall conform to SSPC SP'G for non- nubmergedservioe, 3, Prior tofinish coehnQ, primed areas that are damaged shall be cleaned and spot primed. C. Concrete: 1. Concrete must be at least 28 days old and ohoU pass the overnight visquean test for dryness before applying coating. 2 Repmi surface defects/voids aa recommended by coating manufacturer. COATINGS Donohue &Associates, Inc. 09960-4 sxH/an'A'rounzoo»'z/e Project No, 1386O-A3 1 Concrete aurfocea, including precast concnate, to be coated shall be cleaned of all form oil, curing compound, |obenwnom. and other foreign substances, 4� Surfaces mhe|| be brush-off abrasive blast cleaned in order to prepare the surface for adherence uf the coating system. Acid etching will be allowed only where brush blasting is impractical, Resulting surface shall have a toothed or grainy texture. S. After cleaning, surfaces shall be washed and all dusi, sand, and loose particles removed by vaowuming. If Contractor elects to blow off the surfaces with oir, it shall be oil-free air and the method shall conform hz OSHA requirements. D. Galvanized Metal: 1. Where galvanized metal items are not submerged or buhad, they shall be abrasive sweep blast cleaned and then solvent cleaned in accordance with S8PCSP'1. E. Copper: 1. Where copper piping is not submerged or buried, it shall be lightly sanded and then solvent cleaned m accordance with SSPC8P'1. F. Existing Surfaces: 1, Remove and replace or mask attachments if attachments are not Vzbecoated. 2. Remove surface contamination such as oil, gneane, kzuaa or defective noaingo, ml| one|e, dirt, rus1, mo|d, mi|dew, mnrtar, effloreunenca, and sealers to assure sound bonding to tightly adhered old coatings. Glossy surfaces of old coatings shall b* cleaned and duU|ed before ovenooe6ng, 1 Sand surfaoen and feather edges where chips have occurred. 4� Cutout and fill cracks or other defects to match adjacent surface. 5. Exact nature of existing coatings is not known, Check compatibility of new coating by application to amn|| area prior to starting coating, If lifting or other problems occur, notify Engineer for direction. S. Comp|Vwhh new coating manufacturer's recommendations for preparation ofpn*viousl�y coated,surfaces. 7� Prepare surfaces subject to submerged service as specified for new surfaces. 3.03 APPLICATION A� Surfaces shall be dry at time ofapplication. B. The minimum surface temperature shall be55"Fand rising. C� Apply in strict accordance with manufacturer's recommendations by brush, noUar, opnay, or other appAioation 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 bo put in service until coatings are thoroughly dry and cured. E� Coatings 3haU be applied to provide an opaque, smooth surface of uniform finiuh, oo|or, appearance, and coverage. C|oudineos, spotting. holidays, |apa, brush marks, runa, sags, or other surface imperfections will not beacceptable. Areasout'in by brush prior to rolling shall have uniform appearance in comparison with adjoining surfaces. 3.04 FIELD QUALITY CONTROL Donohue &Associates, Inc. COATINGS Project No. 13816-48 exmo/rx'Page 2o1o,zra 09950'5 O7/12/23 A. Examination of Work on Site by coating manufacturer's representative shall be preformed when requested byEngineer. B� Sampling of Materials: 1. Engineer nmoemeo the right to select unopened containers of materials furnished for the Project and have the mo*aha|o tested at an independent laboratory. Owner will pay for first tests. 2. Retests of rejected materials and tests of replacement mokeha|o shall be paid for by Contractor, 1 Remainder of contents of containers not required for testing will be returned to Contractor. C, Coverage: 1. Before beginning VVork, finish one complete nonm, spoce, surfane, and item of each color ochernenaquimd. showing selected colors, finished texture, material, and workmanship. After approval, sample ronm, npace, surfeoe, and hem shall serve aa standard for similar Work. Z If coverage is not acceptable to Enginear. Engineer reserves the right to require additional application of coating atno extra cost to Owner. O� Work at Site. *hens coat ofmaterial into be app|ied, shall be observed by Engineer after surface has been prepared and before application of specified prima coot and each succeeding coat, otherwise no credit for applied coat will be given and Contractor automatically assumes responsibility to n000at Work in question. Surfaces coated without such observation shall be abrasive blast cleaned, napepar*d and nacoated atnoaddition cost to Owner, Notify Engineer when surface preparation uomp|eha, coot app|ied, and when ready for inspection to comply with above, 3.05 FINAL TOUCH-UP AND CLEANING A. Prior to 3ubatanda| comp|odon examine coated surfaces and retouch or refinish surfaces to leave in condition acceptable to Engineer. B. Remove manking, coodngs, and other material from floors. B|aaa, and other surfaces not scheduled tobecoated. 3,06 COATING SCHEDULE A. Scheduled thickness or coverage rate is minimum as recommended by manufacturer. Manufacturer's recommendations nhoU be foUovved, but in no case shall the thickness or, coverage rate be less than scheduled. B� Coatings uheU conform to the following schedule and coating manufacturer's recommendations. Examples of surfaces tobe coated may not be all inclusive. COATINGS Donohue QAaaodedes. Inc. 08960'6 s»n|mT'*'pon*z»2«fz/» Project No. 1386O`A8 07/12/23 COATINGS SCHEDULE System Generic No. Typo Application Tnomac Sherwin-Williams 4 Pu|yamidoanmine Interior FirotCoot—Serieu NGS Hi- First Coat—WYaoropoxyG46 Epoxy Concrete Build Epxo|ine || @ 115sfpg @1O0sfpg VVaUs/ Second Coat—Series NO9Hi- Second Coat— N1acropoxy Satin Build Eooxohne || @1BOofpg 64G (cD1GO�sfpQ _ 5 Po|yamidommine Exposed FirstCoat—SeriasNGQHi- FirntCoat—Mocropoxy Epoxy Concrete Bui|dEpoxo|ine ||. thinned 646. thinned 10%. @ 100 Ceilings/ 1096. @ 115 sfpg sfpg Satin Second Coat— Series NSSHi- SecondCoat— yWocropoxy ....B,,u,,i.l,.d,,,,,,E,po.xoline O 8 Modified Ferrous First Cood—Series N68 Hi First Coat-Coruma ed Amnnaho N1ate|, Cast Build Epoxo|ino || @3 mils yNio'Zinc@3 mils DFT, Polyurethane' Iron, UFT, touch-up primer prior to touch-up primer prior to Pnlyomidoonine Ductile Iron second coat second coat Epoxy / |n0arkor Second Coat— Series N0SHi- Second Coat— N1acropoxy Non' Build EpoxoUne ||@5mils S4G@5 mils DFT Submerged DFT ThirdCoot—Macropoxy /Satin ThirdCoa\—GarimnNGSHi' G4S@5 mils OFT Build Epuxo|inaU @5mils OFT 10 Polyomide Doura, Lightly Hand Sand Lightly Hand Sand Epoxy— Fnamen, Solvent Clean SP'1 Solvent Clean SP'1 Po|yamidoamine Motors and First Coat—Series 27'1255 FinstCoat—R000atab|e Epoxy other FCTypoxy Beige @3mils Epoxy Primer Tan @3mils Equipment DFT DFT with Non- Second Coat— Series NGSHi- Second Coat— K8acropoxy Epoxy Bui|dEpoxo|ine || @ 5mUn 646@5 mils DFT Primer/ DFT Interior/ Satin 12 Po|yamidoomoine Galvanized First Coat—Series NGS-1255 First Coat—K8ocropoxyG4G Epoxy K8eta|, Hi-Build Epoxo|ino || Beige @ —SVV4QO4 @2 mils OFT. Copper, 2 mils DFT, touch-up primer touch-up primer prior to PVC/ prior bz second coat second coat Non' Second Coat—Series N59Hi' SecondCoat— [Neoropoxy Submerged Build Epoxn|ine || @3mils S46@3 mils DFT / DFT ThirdCoat— Maoropoxy Interior/ Third Coat—Series NG8Hi- 648@3 mils DFT Satin Build Epoxo|ineU@3mils OFT END OF SECTION Donohue &Aanociahaa. Inc. COATINGS Project No. 1381O,48 sxme|rp/Pmoez5ao/z/e 03960'7 O7/12/l3 APPENDIX EXHIBIT'A'Page 255 of 278 07/12/23 APPENDIX TABLE QFCONTENTS 1 C'620 CONTRACTOR'S APPLICATION FOR PAYMENT ------------ 1 to 2 2 C'625 CERTIFICATE OF SUBSTANTIAL COMPLETION............ --------- 1 3 C'940 WORK CHANGE DIRECTIVE.... ........... ......... ...-....... ...... ............ --' 1 4 C-942 FIELD ORDER-------------------------------' 1 5 CERTIFICATE OF INSTALLATION SERVICES .......... CIS-1 GCHANGE ORDER ..... ---- .... ....... .................---... --.............. ......--' C[-1 7 CONTRACTOR'S REQUEST FOR SUBSTITUTION .......- ......---...---- ... RFS'1 to RFS-3 G REQUEST FOR INFORMATION ...............--------- .......................---... CCF-1 S CONTRACTOR'S SUBMITTAL TRANSMITTAL -................. ---- ......... TR'1 Exn/o1Tv,pane 257m278 U7/12/23 E 8, . 2 8 8 2 ? 18 8 8 8 t -8, I E g .,. :. .. .7,.st 2 .1 ,.1 ,"el .. 5 tc I, 5 8 i'i• i 7,. .F.' 44 ,.. 2 6 . t ,,,,„,L,,, ..41 t7. ,,..."'' , •,.., L, .. ;P - E: .-.. ,,4 ",'', ti",, w. •,- '1 "''' 0/ t, .e 4 7 E . '.:'.. 28 .4 e,i ..; rri re-; c 5 2 2 2',. s -Z., a 1 .4.0 et .,. 4., p c.) 8" 8 --,,,, ,•,•: . ,?... ' ,. :,.- ,„„ T.'. La --a —-— E / 7- ..,,; „.„,„ „,e e, ',.e.:.,,,z .,L,- ,•,;,,, re 1, 0'::, E 5 2 2 5 2 2 2 2 61 6 5 1 ,E g i'A 2 2t 8 2- L). 86 (...) IV 2, 8 c., 8. E 1 -2 '''' FR 2 5'2 5 8 8 8 82 8 54'a 44 2 ----- - --- - _ EXHIBIT'A°Page 259 of 278 07/12/23 O — 0 4,• 4 E 11 6: ca o •X. P XI P.* "'- CIO co 0* .....„ o islii0 _ 0 0 ;.c* 4,0i. 0 0 2 c C...) g,; g ...,. E f, 8 if ?, 5 8 . . . `onii :in ga .7 E; 81 z Ef' " L., 2: E; a L t Er, Ex. rn . , _ g' t' LE. g I 2: ... t., . , p ......„ 1 $.. c po, 5 z]. .4. E , . (,-.) c] ca. = = , 0,J ..., .... _ . . 2 0 414 rr; g E. $., E, ,-,; glo 8 . L,, < il EXHIBIT°A Page 260 of 278 07/12/23 CERTIFICATE C}F SUBSTANTIAL COMPLETION Owner: Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: Contract Name: This [preliminary] [final]Certificate ofSubstantial Completion applies to: F— All Work —� The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives ofOwner, 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 czmp|eted or corrected is attached to this Certificate. This list may not be a|| inc|usive' 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 he as provided in the Contract, except as amended asfollows: [Vote/Amendments uƒcontractual responsibilities recorded/n this Certificate should ba the product oƒmutual agreement nf Owner and Contractor;see Paragraph 25.09.Dpf the General[ond/t/ons.] Amendments toOwner's _ responsibilities: None | As follows Amendments to _ Contractor's responsibilities: None F-As 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 release of Contractor's obligation to complete the Work in accordance with the Contract. EXECUTED BYENGINEER: RECEIVED: RECEIVED: By: by: ____ By: _............ .... (Authorized signature) Owner(Authorized Signature) Contractor(Authorized 8igoauoe) Title: _ Tide: Title: Date: Umc: _ Umz: ococ~c-6zs'Certificate^r Substantial Completion. PrEVared and published 2013 by the Engineers Joint Contract Documents Committee. Page zv*1 FXFfTB---- r ----- � Work Change Directive No. � � Date ofIssuance: Effective Date: Owner: Owner's Contract Nn.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: [untractName: Contractor is directed to proceed promptly with the following chaxge(s): � Description: Attachments: [List docurren/s supporting change] Purpose for Work ChonWeDirective: Directive to proceed promptly with the Work described herein, prior to agreeing 10 changes on Contract Price and Contract Time, is issued due to: [check one ur both oƒthe/o0owing/ FNon agreementon pricing of proposed change. F— Necessity to proceed for schedule orother Project reasons. � Estimated Change in Contract Price and Contract Times (non-binding, preliminary): Contract Price [increase] [decrease]. Contract Time days [increase] [decrease]. Basis of estimated change in Contract Price: F Lump Sum -- Unit Price F Cost of the Work [l Other RECOMMENDED: AUTHORIZED BY: RECEIVED: By: By: By: Engineer(Author zed Signature) Owner,(Authorized Signature) Contractor(Authorized Signature) � Title: Title: Tide: Date: Date: Date: � Approved by Funding Agency(if applicable) uate� � 8y� ' � Title:__ ____ ___ __ EJmC'o40,Work Change Directive. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. _____-___ zou^��--- - - - - Field Order No. Date nfIssuance: Effective Date: Owner: Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project Nu.: 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) Drawiog(s)/ Detai|(d Description: Attachments: ISSUED: RECEIVED: By: _ By: Engineer (Authorized Signature) Contractor(Authorized Signature) Title: Title: Date: Date: _--_ Copy to: Owner EJcmc~c'o«z'Field Order. Pre,oared and published 2013 by the Engineers Joint Contract Documents Committee. ___ __________ CERTIFICATE OF INSTALLATION SERVICES Project Equment 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 Sprint) 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-A8 EXHIBIT'A°Page 267 of 278 CIS-1 07/12/23 CHANGE ORDER NO. CH-IANGE?ORDER COM MENCEMENE OF DATE OF ISSUANCE, CONTRACT"TIME, OWNER. ACTOR PROJECT"- ----------._._ _--. CONTRACT'""NO. _. ENGINEER R YOU ARE DIRECTED TO MAKE TFIL F'OL.LOWIN(, CHANGES S IN'I HE CON I'RACT DOCUMENTS: DESCRIPTION: REASON FOR CHANGE ORDER: ATTACHMENTS: CHANGE IN CON"TRACT"PRICE CI IANGE fN CONTRACT TIMES Original Contract Price: Original Contract Times: (days or dares) Substantial C'ornpletion: --.----_----- --- S Ready for Final Payment: --_—, --- Net increase(decrease)from previous Change Orders: Net increase(decrease) From previous Change Orders Nuys) Substantial Completion: _______ _ Ready f`or Final Payment: Net increase(decrease)of this Change Order: Net increase(decrease)of this Change Order: Nays) Substantial Completion: Ready for Final Payment: Revised Contract Price: Revised Contract Time~ Nuys or dates) Substantial Completion: Ready for'Final Payment: CONTRA CTOR 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 DOC[UMENT SHAI.1, BECOME AN AME,NDMENI''O"I FIE CONTRACT AND ALL STIPULATIONS ANI)COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: APPROVED: ACCEPTED: By: 13 > _ --- _______ ENGINEER (s!gnatare) OWNER (signature) CONTRACTOR(signunre) Date: ----- Date: Date: ....._ --- Donohue &Associates, Inc. CHANGE ORDER Project No, 13860-A8 EXHIBIT'A'Page 269 of 278 CO-1 07/12/23 CONTRACTOR'S REQUEST FOR SUBSTITUTION (Include With Submittal) Provisions requiring su^mvta/v/o=,Jo°"are described in Spe�ftOlion SCr6momsm and mm5 and paragraph um «/the General mx Supplementary C'omo&ons. Substitution Request No.. Project: cvmm, : VVa hereby apply for consideration of (*vvomctuobstitu°u" waum,,) as a substitute manufacturer to the manufacturer(s) named in Specification Section Paragraph/Drawing No. for the following reasons. (Check one(,"°w) 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 o single source supplier. ^m^"a name v/^xvp supplier and"h~,equipment*/er"«kax^// The proposed equipment or material in 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 deeign, be similar in substance to the specified, be suited to the name use as that specified, and will not prejudice CONTRACTOR'S achievement ofSubstantial Completion on time. Contractor: Signature: Date: Name(phm): Tbu: NOTE: ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, additional data about the proposed substitute including but not limited to, an ono|yoio by CONTRACTOR of the equivalency of the proposed substitute to the named item. Donohue&Associates, Inc. CONTRACTOR'S REQUEST FOR SUBSTITUTION Project No. 13860+\8 Exma/T'x'Page 271 orarn RFS'1 A, Physical Characteristics of Proposed Substitute (if applicable). Operating VVeght: Height: Width: _ Depth: Voltage:_ . Hertz: KVVor HP.- B. Will acceptance of the proposed substitute by the OWNER: 1. Require a change in the Drawings orSpecifications: Yes No y'Yes,"vuom,expla"niowom/vumiledura°/n*"rspeycv'�� 2. Require payment of any license fee orroyalty: Yes No _ Ifyes,ujach an exp6 "tio^ 3. Result ina change of contract time: Yen No y'es,uaamavnexplanation. C� Variations of proposed substitute from specified materia|, equipment, methods or procedures include: ,yx""a state none. mmcaxnmrule/"//"^�fmvw space mneeded) _ - — - 4. _ D� Service Source (/NainVanence. Repair, and Replacement)Availability: 1. Name ofBjninesa� . _ Address: Years in Business: Factory Authorized: Yes _ No Parts Stocked: Major: Yes No Minor: Yes No Field Semi:e Staff Available: Yes_ No 2. Name ofBusiness: Address: Years inBusiness: Factory Authorized: Yea No Parts Stocked: KAsyoc Yaa_ No Minor: You No_ Field Service Staff Available: Yes No E. Identify costs,direct or indirect, if any, associated with acceptance of this proposed substitute. �� mue none.) CONTRACTOR'S REQUEST FOR SUBSTITUTION Donohue &Associates, Inc. RFS-2 ExmsnvvP000zr2ov27o Project No. 13860`A8 O7/12/23 INSTALLATION LIST luoninw TchpboneNo.: Date Installed: Date Started Up:— Owner's Representative mhcConucted: _ Sogincu'u Representative whcContacted: Hnn`uNumc: ....................... Telephone No.: ................ ____ ~~*** L,ocxbon: Telephone No.: Date Installed:-- Date Started Owner's Representative mhe Engineer's Representative mhcContacted: Pimu'oNumc Tc|cphoncNo � ***** I000bou: Telephone No.:__ Date Installed: Date Started Dp: Owner's Representative mheContacted: Gogioocr'o8cprcsco tat ivc,nhuCnotactcd: Hrm`u�umc Telephone No.: ~~*** Location:—.— Telephone No.: Dom|n�d�d� Date Started Up: Owner's Dep*smudivvmhcCouta,cted: ____ Engineer's RoprcseouoivcLvhoCoomucd: Pinn`oNmnc:___ Telephone No.:_____ Oonohue&Asoociate!s. Inc. CONTRACTOR'S REQUEST FOR SUBSTITUTION Project No. 138GO+\8 cxn/snW Page z/om2m HFG-3 O7/12/23 REQUEST FOR INFORMATION Reftuest No. Date: Specification Section/Drawing No.: Contractor: Project: Contract: This is a request for a intbrmation on the following: Prepared By: Date Response Needed: Response: Prepared By: Date: ye_s_12jinse Returned to Contractor On: cc: Owner: Resident Project Representative: Donohue &Associates, Inc. REQUEST FOR INFORMATION Project No. 13860-A8 EXHIBIT'A Page 275 of 278 RFI-1 07/12/23 CONTRACTOR'S SUBMITTAL TRANSMITTAL CONTRACT: Richmond Sanitary District—VVm. E. Ross Wastewater Treatment Plant Tunnel Repairs(A8) �� _�� _�� ' ��' � "� ��' � � -m� =�� -To: From: From: ! Ms. Katherine yNerk|e <pemon> Donohue &A000niebya. Inc. `onmpony> ' 101 West OhkzStreet <addreao 1> � Indianapolis, IN 46204 <eddrpna2> Phone: 3175OO'422O Phone: ' � ' Emai|: kmerhle@dunchue-onaooiohao.com Email: Specification (Project specification submittal pertains to) � Section: � � Donohue Title: (name of Project specification) Description: (miscellaneous metals, concrete, handrail, grating, etc.) Type: Shop Drawings � pplicable Contract Clarification / Interpretation Request(s)were submitted and response(s) received: No Yes If Yes, List RF| Numbers: ^— --- ---- --- Submittal includes variations from the requirements of the Contract Documents'. No Yes |f Yes, Variations are identified below and in accordance with paragraph71S of the General Conditions: Variations are aafoUmwu: 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 7.16of the General Conditions: '*n No SUBMITTAL TRANSMITTAL Donohue &Associates, Inc. TR'1 Project No. 13860-A8 Exn|e|T'A'Page orror2m 07/12/23 Contractor: Signature: Dabs Name (print): Title: SUBMITTAL TRANSMITTAL Donohue &Associates, Inc, TR'2 Project No. 13860-A8 ExH/BIT vv Page zrnorzro O7/12/23