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16- Contract Documents - Big Sky Asphalt - 2016 City Shops Paving Project
CONSTRUCTION SPECIFICATIONS CONTRACT DOCUMENTS FOR THE CITY OF BOZEMAN s 2016 CITY SHOPS PAVING PROJECT 7 s July 2016 - 000 Prepared By: City of Bozeman Engineering Division 20 East Olive Street P.O. Box 1230 Bozeman, MT 59771 Ph. (406) 582-2280 Fax (406) 582-2263 THE CITY OF BOZEMAN 20 E. OLIVE• P.O. BOX 1230 * _ * BOZEMAN, MONTANA 59771.1230 �Q ENGINEERING DEPARTMENT ? ?l Co PHONE: (406)582-2280 • FAX: (406) 582-2263 . 2016 CITY SHOPS PAVING PROJECT CITY OF BOZEMAN BID OPENING: JULY 26, 2016, 2:00 p.m. ADDENDUM No. 1 JULY 19, 2016 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Specification Section— Special Provisions: Strikeout the wording of Special Provision#26, USE OF REMOVED ASPHALT PAVEMENT, and replace with the following: "Asphalt concrete pavement removed during construction may be used as base course material in the bottom couple inches of the road section. If additive alternate #1 is awarded, the contractor shall process demolished asphalt to 4-inch minus prior to use as road base. If additive alternate #1 is not awarded, demolished asphalt will be processed and stockpiled on site by the City of Bozeman prior to mobilization by the general contractor." ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. I on the Bid Form to validate their bid. Kellen Gamradt, P.E. City Engineering Inspector HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. 1) Original Bid Bond Enclosed? (Personal checks,business checks, and faxed copies are not acceptable.) 2) Bid Proposal: a. Arithmetic Checked? b. Unit Bid amounts agree with math calulations? c._All Addenda acknowledged on proposal sheet and cover? d. Signature portion completely filled out? e. Bid Proposal intact in Contract Documents DO NOT REMOVE!!!! f. Non-Descrimination Affirmation form completed and signed? 3) Bid Envelope: a. Addressed properly? (See Article 1 —Bids, Instructions to Bidders) b. Contains the Contract Documents and Specifications booklet? C. Acknowledged Receipt of Addenda? d. Sealed? 4) Bid Submitted prior to required time at specified location? Be sure to seal your bid. Include project name, bid date/time, contractor name, contractor registration number, contractor fuel permit number, and acknowledgement of all addenda(by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Specifications booklet. Return the complete Contract Documents and Specifications booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. CITY OF BOZEMAN, MONTANA 2016 CITY SHOPS PAVING PROJECT JULY 2016 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Bid Form Bid Bond Non-Discrimination Affirmation Form Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contact Supplementary Conditions Montana Prevailing Wage Rates Standard Forms CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment APPENIX A Standard Drawings CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: 2016 CITY SHOPS PAVING PROJECT Separate sealed bids for construction of City of Bozeman 2016 City Shops Paving Project will be received by the City Clerk at the office of City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, July 26, 2016 and then publicly opened and read aloud. Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk's Office, Suite 202, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 202, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Bids must be received before 2 p.m. Tuesday, July 26, 2016. Original copies must be submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The project work is generally described as follows: Sub-grade preparation, road base placement, grading and compaction, storm drainage improvements, and hot mix asphalt paving at the Bozeman City Shops Complex. The Contract Documents may be examined or obtained at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 59771- 1230, 406-582-2280, in accordance with the Instruction to Bidders. Required deposit is $30.00 per set, which is not refundable. There will be a Pre-Bid Conference at the City Shops Complex at 814 North Bozeman Avenue at 10:00 a.m. on July 19, 2016. Interested CONTRACTORS are encouraged to attend. CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and Section 00100 INVITATION TC BID Page 1 of 2 mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:00 p.m. local time, July 26, 2016. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. Thp rnntractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 29t" day of June, 2016. Robin Crough, CIVIC City Clerk, City of Bozeman Published Bozeman, Montana, July 10, 2016 July 17, 2016 Section 00100 INVITATION TO BID Page 2 of 2 INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink,with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the Clerk of the Commission,City Hall, 121 North Rouse Ave.,P.O.Box 1230,Bozeman,Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2016 CITY SHOPS PAVING PROJECT. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee,in the amount stipulated in the Invitation To Bid,made unconditionally payable to the Owner,which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership,the name and residence of each member must be inserted. In case the Bid is submitted by,or on behalf of,a corporation,it must be signed in the name of such corporation by an official who is authorized to bind the corporation,and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another,or of others,may be required to submit satisfactory evidence of this authority to do so. The title of the person(s)executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved(a)maintains a permanent place of business;(b)has adequate plant and equipment to do the work properly and expeditiously; (c)has a suitable financial status to meet obligations incident to the work; and(d)has appropriate technical experience. 1 INSTRUCTIONS TO BIDDERS Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, 6tn Edition(MPWSS),shall be used to govern the contractual and performance aspects of this project,and is hereby incorporated as part of these CONTRACT DOCUMENTS,as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 6th Edition(COB MODS),dated March 31,2011,including all addenda which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman,in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form...................................... Bound Herein Bid Bond...................................... Bound Herein Agreement Form...........................Bound Herein Payment Bond..............................MPWSS/Bound Herein Performance Bond........................MPWSSBound Herein Standard General Conditions........MPWSS/Bound Herein Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed............. MPWSS/Bound Herein Field Order...................MPWSS/Bound Herein Change Order.....................MPWSSBound Herein Work Directive Change.......MPWSS/Bound Herein Application For Payment (Guidance Only)............... Bound Herein Certificate of Substantial Completion........................MPWSS Order to Contractor to Suspend Work...............Bound Herein 2 INSTRUCTIONS TO BIDDERS Order to Contractor to Resume Work...............Bound Herein Contractors Certificate And Release...............MPWSS Lien Waiver for Prime Contractor................MP W S S Lien Waiver for Subcontractor/Supplier...MP W S S Wage Rates...................................Bound Herein Special Provisions..........................Bound Herein Technical Specification...................MPWSS, COB MODS, &Bound Herein Appendix A—Standard Drawings...........Bound Herein Plan Set EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid,each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances,rules and regulations that may in any manner affect cost,progress or performance of the Work;and(d)study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may,upon request,examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness,nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request,Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans,it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. 3 INSTRUCTIONS TO BIDDERS No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which,or the dates by which,the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal,shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 North Rouse Ave. P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: 2016 CITY SHOPS PAVING PROJECT. 4 INSTRUCTIONS TO BIDDERS Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.: , In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. July 26, 2015. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL OR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price,the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions,conditions,stipulations,erasures,or other irregularities. F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name,address, and current Montana Contractor's License Number. H. The proposal must include a completed and signed Non-discrimination affirmation form. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-m- fact. If signed by an attorney-in-fact,there shall be attached to the bid a power of attorney evidencing authority to sign the bid. 5 INSTRUCTIONS TO BIDDERS Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: By: Corporate Seal Title: If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. Before submitting a proposal,each Contractor should read the complete Contract Documents(including all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder,but also to his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that,during progress of the work, the Owner may find it advisable to omit portions of the work,to increase or decrease the quantities as may be deemed necessary or desirable,that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. 6 INSTRUCTIONS TO BIDDERS The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. MODIFICATIONS AND WITHDRAWAL OF BID A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids,as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s)who signed the Bid. If,within twenty-four(24)hours after Bids are opened,any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid,that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to acceptor reject the Bids,or portions of Bids if denoted in the Bid as separate schedules,and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or reject nonconforming,non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened,the apparent low Bidder,and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor,if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor,they may, before giving the Notice of Award,request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution,the contract may not be awarded to such Bidder,but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation,nonconforming,nonresponsive,unbalanced, or conditional Bids. OWNER further reserves 7 INSTRUCTIONS TO BIDDERS the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also rej ect the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability,or fails to meet any other pertinent standard or criteria established by the OWNER.The OWNER also reserves the right to waive all informalities not involving price,time,or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements,and such alternatives,unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers,and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers,or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded,OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded,OWNER will give the Successful Bidder allotice of Award within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If,at any time this Contract is to be awarded,the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten(10)days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. 8 INSTRUCTIONS TO BIDDERS PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent(100%) of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds,there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen(15)days following receipt from the Bidder of the signed Agreements and Bonds,the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder,or the work may be re-advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders,Bid Form,Bond forms,Agreement,contract stipulations,or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This contract allows the owner to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty(30)days,progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- 2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana 9 INSTRUCTIONS TO BIDDERS Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2,Part 4,MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry(DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue,Helena, Montana. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE(MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA,the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders.The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further,wherever possible,products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price,quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 10 INSTRUCTIONS TO BIDDERS BID FORM 2016 CITY SHOPS PAVING PROJECT CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER,having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations,municipal ordinances and other factors which may affect the performance of the Work,and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached,to perform all work for the construction of 2016 CITY SHOPS PAVING PROJECT,including the assumption of all obligations,duties,and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in,and form a permanent part of,the work;tools,equipment,supplies,transportation,facilities,labor,superintendence, and services required to perform the Work;Bonds,Insurance and Submittals;all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 30 calendar days. Where multiple schedules are awarded under a single Contract,the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 &2.3 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above,after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. 1 BID FORM The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Schedule 1: Excavation,base course placement, grading and compaction,and paving at the City Shops Complex. Estimated Total Unit Estimated Quantity Item Description Unit Price Price 101 Taxes, Bonds, Insurance L.S. �- ,p,. "17- . 102 Mobilization L.S. �103 Unclassified Excavation CY 11 ,057 7 O-CO 104 Geotextile Separation Fabric SY (w/ 10% Overlap) 1 .00 95488 1.5 inch Minus Crushed Base 105 Material CY (%d2� 2,174 106 Asphalt Concrete Pavement, SY 10,zto 7,907 soy 657 n 40 3" Thick 107 6" Sch. 40 PVC Storm Pipe LF 4G 00 140 108 10" Sch. 40 PVC Storm Pipe LF 30 .no 132 109 12" BP Storm Pipe LF 36, o o 153 110 2' Diameter Storm Drain EA 2, ,�xa 2 Riser Manhole ��©�'` ' 111 4' Diameter Storm Manhole EA 3.7co.cc, 2 7 -0,Co 112 Miscellaneous Work EA $1.00 20,000 $2000.00 TOTAL SCHEDULE 1 BID $ 2 J 7 l�,8 , cfo 'Iuio u,PZ'dtr'-j —f kL Seve.n 41'n i�, can d 04d stu e h wo Lit 0-- ' (1 GZVt �--P�l h can{ lax � K T (TOTAL SCHEDUL I BID - WRITTEN WORDS) 3 BID FORM Additive Alternate 1: Milling and disposing of existing asphalt. Estimated Total Unit Quantity Estimated Item Description Unit Price Price 201 Asphalt Milling CY 740 5� BASIS OF AWARD If the contract is awarded,the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all bid items on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive,responsible Bidder which,in the Owner's sole and absolute judgment,will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined Schedule 1 Bid. The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No. Dated J u�t 19 2-olj� No. Dated No. Dated No. Dated Submitted this 2. day of_ Z,{�G v 32016. SIGNATURE OF BIDDER: Montana Contractor Registration Number 4 BID FORM If an individual: doing business as If a Partnership: by partner If a Corporation: � _Aa� (a) CC pv by Ud4,11- (Seal & Title Attest (� Business Address of Bidder: 41 7� If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an Individual: doing business as If a Partnership: by Partner If a Corporation: (a) Corporation 5 BID FORM i 2 by (Seal & Title Attest) 6 BID FORM NON-DISCRIMINATION AFFIRMATION FORM (�;P� 1-1�[name of entity submitting]hereby affirms it will not discriminate on the basis of race, color,religion, creed, sex,age,marital status,national origin,or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman,if a contract is awarded to it,and also recognizes the eventual contract,if awarded,will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the ,_1 _[nale of entity submitting] employees and to all subcontracts it enters into in pe ormance of the agreement with the city of Bozeman. Signature of Bidder: (/ Person authorized to sign on behalf of the bidder i NOTICE OF AWARD Dated: 1\D TO: Big Sky Asphalt,Inc. ADDRESS: P.O.Box 835,Bozeman,MT 59718 PROJECT: 2016 City Shops Paving Project CONTRACT FOR:2016 CITY SHOPS PAVING PROJECT You are notified that your Bid opened on July 26,2016, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:2016 City Shops Paving Project. The Contract i Price of your Contract is: Two Hundred Fifty Six Thousand Two Hundred Sixty Eight & 90/100_ Dollars ($256,268.901. Your contract work includes Schedule 1 and bid alternate number 1. IFour (4) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three(3)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by h Aaa,:-k '-3' )_ %.. 1. You must deliver to the OWNER Four (4)fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to Bidders(Article 20),and the General Conditions(paragraph 5.01). 3. List other conditions precedent: i You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award,and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterparts of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: BY: BY: • < (CITY M AGER) (CITY RK) • ��,' DATE: f�fl_, CU• l PENAL,SUM FORM BID BOND Any singular reference to Bidder, Surety,Owner or other party sball be considered plural where applicable. BIDDER(Name and Address): Big Sky Asphalt, Inc. P. O. Box 835, Bozeman, MT 59718 SURETY(Name andAddress of Principal Place ofEusiness): United Fire & Casualty Company P. O. Box 73909 , Cedar Rapids, IA 52407-3909 OWNER.(Alame and Address): City of Bozeman PO Box 1230, Bozeman, MT 59771-1230 BID Bid Due Date: July 26, 2016 Description(Project Name andlncludeLocation): 2016 City Shops Paving Project, Bozeman, Montana BOND Bond Number: Bid Bond Date(Not earlier than Bid due date): July 26, 2016 Penal sum Ten Percent of Amount Bid $ 10% (Words) (Figures) Surety and Bidder,intending to be legally bound hereby,subject to the terms set forth below,do each cause this Bid Bond to be duly executed by an authorized officer,agent,or representative. BIDDER SURETY Big Sky Asphalt, Inc. (Seal) United Fire &Casualty Company (Seal) Bidder's N d Corporate Scal Surety's Name and Corporate Seal By. 7 By: Si afore S,,CA5� ,�Signntur4{Attach Power of Attomcy) c�yttpeaATE mi Gerber Print Name a t Name / — � S L sE� �4 y A'rd orne -in-Fact Tit siaattti3;�i ' iL Attest: Attest: Si atvre Signature Am lackard Witness Tie Title Surety Phone No. Note:Above addresses are to be used for giving any required notice. Provide execution by any additional parties,such asjoint venturers, ifnecessary, VCDC C-430 Bid Boni(Penal Sam Form) Prepared by the Eogi cm mint Contract Documents Committee. Page 1 of 2 PENAL SUM FORM 1. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors,administrators, 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 is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur 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. 3. This obligation shall be null and void if. 3.1 Owner accepts Bidder's Bid and Bidder delivers 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, or 3.2 ,All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the 13idding Documents (or any extension thereof agreed to in writing by Bidder and,if applicable,consented to by Surety when required by Paragraph 5 hereo�. 4. Payment under this 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 rcaaonable 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 time 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 extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action,under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is Iocated, 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such noticeg may be scat by personal delivery,commercial courier,or by United States Registered or Certified Mail,return receipt requested,postage pre-paid,and shall be deemed to be 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. 10. This Bond is intended to eonform to all applicable statutory requirements.Any applicable requirement of any applicable statute that has been omitted from this Bond shall 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 shall govern and t:he remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term"Bid"as used herein includes a Bid,offer,or proposal as applicable, FJCDC C430 Md Band(Penal Sum Form) Prepared by the Eu&ccn Jolat Con"et Dneaments Commlttea Page 2 of 2 UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department U191WMIX UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA Cedar Rapids,IA 52401 CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company—See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That UNITED FIRE&CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Iowa;UNITED FIRE&INDEMNITY COMPANY,a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY,a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint Naomi Gerber their true and lawful Attorney-in-Fact with power and authority hereby conferred to sign,seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100,000,000.00 Surety Bond Number: Bid Bond Principal: Big Sky Asphalt,Inc. Obligee: City of Bozeman and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE&CASUALTY COMPANY, UNITED FIRE&INDEMNITY COMPANY,AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE&INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI—Surety Bonds and Undertakings" Section 2,Appointment of Attomey-in-Fact. "The President or any Vice President,or any other officer of the Companies may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal, when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. \\ IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its NCAS ```,� tNDerMN `�`PG�E�O�.INS&11*,'C, vice president and its corporate seal to be hereto affixed this 251h day of June,2015 coRPORATe ?w cOAPORATE � ,Q:3 SOL UNITED FIRE&CASUALTY COMPANY 7 x�.^ 1986 UNITED FIRE&INDEMNITY COMPANY EAL S SEAL Y` :2%0, P 2 9 FINANCIAL PACIFIC INSURANCE COMPANY fill Zp--- State of Iowa,County of Linn,ss: Vice President On 251h Day of June,2015,before me personally came Dennis J.Richmann to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of UNITED FIRE&CASUALTY COMPANY, a Vice President of UNITED FIRE&INDEMNITY COMPANY,and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument;that he knows the seal of said corporations;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. Mary A.Bertsch ig Iowa Notarial Seal qly- A Commission number 713273 a' Notary Public 41m, w My Commission Expires 10/26/2016 My commission expires: 10/26/2016 I,David A. Lange, Secretary of UNITED FIRE&CASUALTY COMPANY and Assistant Secretary of UNITED FIRE&INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 26th day of July 2016 \\\l\t1111I(//j \\1111i1I!(rr/� \fit\\1UIill11)lllll, \d\�F\C INSU�yg. 6 ``k °0Y,G Al 4P GOAPOR CORPORATE `p� 4 H CORPORATE Oro '¢i'�DULY 2Z By. ZX SE SEA }986 L. °O `cq<1FOA���'�_• Secretary,iJF&C ''+nnuu�\" ''uuaauw`\\ "'l,lunma\a°• Assistant Secretary OF&I/FPIC,, I AGREEMENT FORM THIS AGREEMENT is dated as of the�day of in the year 2016, by and between CITY OF BOZEMAN, hereinafter called OWNER, and PH4,r- c hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Sub-grade preparation,road base placement,grading and compaction,storm drainage improvements, and hot mix asphalt paving at the Bozeman City Shops Complex. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2.016 City Shops Paving Project, City of Bozeman . Article 2. CONTRACT TIME. 2.1 The Work will be completed within 30 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. I 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above,plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving,in a legal or arbitration proceeding,the actual loss suffered by OWNER fif the Work is not substantially complete on time. Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER two hundred fifty dollars ($ 250.00)for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract D/ocumentts'the sum(suyb�je�c/t to adjustment as provided in the Contr/aQct Docume s� ofray) /1Q �FYP[f�l/ �/S�L�S(3NV/Q101- r*"mW /6Y LGi4T ¢ ay-Z e g \P Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions,OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances,rules and regulations that in any manner may affect cost,progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost,progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations,investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price,within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations,tests,reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts,errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 CONTRACTOR hereby affirms it will not discriminate on the basis of race,color,religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Sixth Edition,and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 (by reference). 7.12 Appendix A. 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization, 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. 7.23 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification(as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions, 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns,and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing parry or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. i� IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. V (CONTRACTOR) B ,., (SEAL &) (ATTEST) Title la^p.s ��, 0a" �LG� � r� (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman O WNER (CITY MANAGER) (SEAL&� I n `1,e c. J.��' �/ — • � APPR ED AS (CI Y ATTORNE '1 c:hvpdocs\forms\agreefim.mrg i I BIGSKYA-02 RSCHOOL ACORO"' CERTIFICATE OF LIABILITY INSURANCE DATE(M `--� 8/241201YYY) 2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bozeman Office PHONE (406)586-3351 FAX (406)586-0437 PayyneWest Insurance,Inc. Alc No Ext: A/c No 1283 North 14th Avenue E-MAIL Bozeman,MT 59715 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Western National Assurance CO 24465 INSURED INSURER H Big Sky Asphalt,Inc. INSURERC: P.0.Box 835 INSURER D: Bozeman,MT 59771 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS INSD WVD POLICY NUMBER MM/DD/YYYY MWDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEFil OCCUR X CPP114768200 08/22/2016 08/22/2017 PAMAGE TO RENTED REMISES Ea occurrence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY rX ECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000 000 Ea accident A X ANY AUTO X CPP114694700 08/22/2016 08/22/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ X I UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE UMB114768200 08/22/2016 08/22/2017 AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION SEA EMPLOYERS'LIABILITY YIN TT UTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ A Equipment Floater CPP114769700 08/22/2016 08/22/2017 Rented/Leased Equip 50,000 A Equipment Floater CPP114769700 08/22/2016 08/22/2017 Business Property 415,400 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) City of Bozeman is additional insured per form WNGL39 in regards to General Liability.City of Bozeman is additional insured per form WNCA27 in regards to Auto Coverage.City of Bozeman has 45 day notice of cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AC� DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Doug Jones P IIONN Ext: 480 951-4177 FAX No: 480 951-4266 c/o Artex Risk Solutions,Inc. E-MAIL 8840 E.Chaparral Rd.;Suite 275 ADDRESS: Scottsdale,AZ 85250 INSURER(S)AFFORDING COVERAGE NAIL# INSURERA: American Zurich Insurance Company 40142 INSURED INSURER 6 Avitus,Inc.dba:Avitus Group for co-employees of:Big Sky Asphalt,Inc. INSURER c 175 N.27th Street,Suite 800 PO Box 2506 Billings,MT 59103 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:16MT901817646 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MMIDD MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY❑PROJE LOC PRODUCTS-COMP/OP AGG $ CT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Perperson) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION X SPER TATUTE OERH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑ N/A WC 90-00-916-05 04/01/2016 04/01/2017 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE' $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Location Coverage Period: 04/01/2016 04/01/2017 Client# 925-MT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Big Sky Asphalt,Inc. City Shops Paving Project Coverage is provided for only those co-employees 1195 Stonerid9 e Dr Suite 3G of,but not subcontractors Bozeman,MT 59718 to: CERTIFICATE HOLDER CANCELLATION City Of Bozeman SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 814 N. Bozeman THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bozeman,MT 59718 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /y ©1988-2014 ACORD CORPORATION, All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business): Big Sky Asphalt, Inc. United Fire &Casualty Company R O. Box 835 P. O. Box 73909 Bozeman, MT 59718 Cedar Rapids, IA 52407-3909 OWNER(Name and Address): City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: Amount: $256,268.90 Two Hundred Fifty Six Thousand Two Hundred Sixty Eight Dollars and 90/100 Description(Name and Location): 2016 City Shops Paving Project, Bozeman, Montana BOND Bond Number: 54-194712 Date(Not earlier than Effective Date of Agreement): Amount: $256,268.90 Two Hundred Fifty Six Thousand Two Hundred Sixty Eight Dollars and 90/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Big Sky Asphalt,-Inc. (Seal) United Fire & Casualty Company _ (Seal) Contractolr's Name,and Corporate Seal Surety's Name and Corporate Seal ig ture �4'MCORPORATE �' Signature(Attach Power of Attorney) d `; Naomi Gerber Print Name 'F��a o s' � Print Name l� Attorney-in-Fact Title Attest: Atte Signature Signature V � C4—,,` Rhonda Schultz Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 1 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond,except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any,subsequently to declare a Contractor Default,and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor,with consent of Owner,to perform and complete the Contract;or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. Affer investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined,tender payment therefor to Owner;or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond,and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3;and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors,administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner,which has neither been remedied nor waived,to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address and Telephonef ayneWest Insurance, Inc. Surety Agency or Broker: 3289 Gabel Road, Billings, MT 59102 406-238-1914 Owner's Representative Ln zneer or other party): EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 PAYMENT BOND Any singular reference to Contractor,Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Big Sky Asphalt, Inc. Business): P. O. Box 835 United Fire &Casualty Company Bozeman, MT 59718 P. O. Box 73909 OWNER(Name and Address): Cedar Rapids, IA 52407-3909 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: Amount: $256,268.90 Two Hundred Fifty Six Thousand Two Hundred Sixty Eight Dollars and 90/100 Description (Name andLocation):2016 City Shops Paving Project, Bozeman, Montana BOND Bond Number: 54-194712 Date(Not earlier than Effective Date of Agreement): Amount: $256,268.90 Two Hundred Fifty Six Thousand Two Hundred Sixty Eight Dollars and 90/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Big Sky Asphait Inc. (Seal) United Fire & Casualty Company (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Sign a1ture Signature(Attach Power of Attorney) J � A ,i1tii CAS.'mil,, Naomi Gerber Print Name `' r Q' Print Name CORPORATE o2,,c ssa � Attorney-in-Fact Title 8 I 1 eh 5�14 Attest: Attest: Signature —Zjvx-��— Si nature Ut C-Q— poems ) JLAA� Rhonda Schultz Witness Title t Title Note: Provide execution by additional parties, such as joint venturers, if necessary. {Mw001504;1} EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly,for all sums due Claimants,and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner,within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed;and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is sufficient compliance. 6. Reserved. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. {MW001504;1} EJCDC G615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor,to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived,to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address, and Telephone)PayneWestInsurance, Inc. Surety Agency or Broker: 3289 Gabel Road, Billings, MT 579102 406-238-1914 Owner's Representative Engineer or other): {MW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE U1991 FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA Cedar Rapids,IA 52401 CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company—See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That UNITED FIRE&CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Iowa;UNITED FIRE&INDEMNITY COMPANY,a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint Naomi Gerber their true and lawful Attorney-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100,000,000.00 Surety Bond Number: 54-194712 Principal: Big Sky Asphalt,Inc. Obligee: City of Bozeman and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE&CASUALTY COMPANY, UNITED FIRE&INDEMNITY COMPANY,AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE &INDEMNITY COMPANY,and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI—Surety Bonds and Undertakings" Section 2,Appointment of Attomey-in-Fact. "The President or any Vice President,or any other officer of the Companies may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal, when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. �pswrnrpp IN WITNESS WHEREOF the COMPANIES have each caused these resents to be signed b its 4rq�j�'i p��� ueMN�'iG §11 NO iNSU"''i, o P g y �$ " c�,.......... vice president and its corporate seal to be hereto affixed this 25 day of June,2015 �WF CORPORATE s p CORPORATE Q; �uLv z� °;o UNITED FIRE&CASUALTY COMPANY a UNITED FIRE&INDEMNITY COMPANY c+� SEAL SEAL P <IFOR,�� ��` FINANCIAL PACIFIC INSURANCE COMPANY �: By: State of Iowa,County of Linn,ss: Vice President On 25rh Day of June,2015,before me personally came Dennis J.Richmann to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of UNITED FIRE&CASUALTY COMPANY, a Vice President of UNITED FIRE&INDEMNITY COMPANY,and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument;that he knows the seal of said corporations;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. Mary A.Bertsch { -y, Aw Iowa Notarial Seal `%yt p� aLrd&u FCommission number 713273 Notary Public M Commission Sx ires 10/26/2016 Y P My commission expires:10/26/2016 I,David A. Lange,Secretary of UNITED FIRE&CASUALTY COMPANY and Assistant Secretary of UNITED FIRE&INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this day of 20 0�F�`INS� CORPORATE W>>% ?wq CORPORATE °�.= Qi �uLY zz`��;moo By: SEAL %� SEAL Y` ^64 1986 iyTg ../F..... J Secretary OF&C Anunr nrnnprPr� "mnuunura Assistant Secretary,OF&I/FPIC = _ w This.:document lias important legal consequences,consultation wt an attorney is;enc©uragm-wi, respect o s use:or modification_ This document should be adapted;tQ the particular circumstances of:the,contemplated Project and the`controlling Laws and Regulations STANDARD GENERALCONDITIONS OF THE CONSTRUTV CTION CONTRACT -� _Prepared by ENGINEERS JOINT,CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jaintiy by_ ACEC `� _ A.-,"NCOUNC-1l 01F-1G1..NmKt\GCONP V(E4 _' icl�t ! 11fit6lfl>r _ American Society National Society of V ��� Professional Engineers _ Of Civil Englnee►S Professional Engineers in Private Practice - A' RICAN COUNT,; OF ENGIrERE`I _ - ASSOCIATED GENERAL GOI+ITRCTORS QF AIVIERICA = AMERICAIV SOCIETY OF CIVIL ENGINEERS _ _ - - - - - PROFESSIONAL ENGINEERS IN PRNATE PRACTICE A Practice Division of the - - _NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS - _ Pii - - CONSTRUCTION SPECIFICATIONS INSTITUTE = = EJCDC C 700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.-:..- Iv - - '" These General::fond;bons have been prepared fo3 use with the 5uggesed Foes of Agreement Between �, C?wter and ContractorJCI�C C20 or�C 525, 007 Eitinns)` Their pron� eiela and a` v change in one may neceas�tate a change�n the other Comrnentsconcernrng their usage are contaied Yn the Nan atiye Guide to the EJCDC'Cotisf�tcfron Documents:(E7CDC C=t)Q , 2QC)711diticsri): For g�iancei the preparation of Supplementary Conditions, see°;Guide,to'tfie Preparation;of Supplementary Conditions EJCDC C"=800,�200A 1- 7 IN- A'Elf- _ _ - - _ _� Y - -(Copyright�2007 National Society of�rofesslonal Eng%neers � � _ 1420 King Street,Alexandria,VA 223I4-2794=- � �y. � -� -- R NOW— www.nspe.ort; RIM Sm American Council iif Engineering Companies - 1015 15thStreetN.W,;Washington,DC 2000 l -21 (202)3474474 -M ;American ocie Civil E neers v 1801 Alexander'Bell Driue,'Reston,VA 20191-A400 (800)'548-2723 s - www:asce Associated General,Contractors of America 2300 Wilson Boulevard;Suite 400: Arlington,VA 22201-3308 (703j 548-3118 = - vuww.a W _ JJ The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE R -EJCDC 6700 standarid-en al Con�t�o oT ttieoris umoniracf Y _ _ Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved _ _ STANDARD GENERAL=CONDITIaNS (�F T��� CONSTRUCTION COACT TABLE OF CONTENTS Article 1-Definitions and Terminology. 1 1.01 Defined Terms. .1 1.02 Terminology., 5 Article 2-Preliminary Matters. _• .6 2.01 Delivery of Bonds and Evidence of Insurance. 6 2.02 Copies of Documents. •6 2.03 Commencement of Contract Times;Notice to Proceed.... ............... .......6 2.04 Starting the Work. •7 2.05 'Before Starting Construction. •7 2.06 Preconstruction Conference;Designation of Authorized Representatives.......... . . ......... ......7 2.07 'Initial Acceptance of Schedules.................................................................. •7 Article 3-Contract Documents: Intent,Amending,Reuse 8 3.01 Intent. .8 3.02 Reference Standards. 8 3.03 Reporting and Resolving Discrepancies. 9 3.04 Amending and Supplementing Contract Documents....... . .... . ....... .... ... .. ....... ... ....... . ..9 3.05 Reuse of Documents. 10 3.06 Electronic Data. 10 Article 4-Availability of Lands;Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points....... . ... ........'... .............. ........... .....I...... ........,............. 11 4.01 Availability of Lands. 11 4.02 Subsurface and Physieal'Conditions. 11 ; 4.03 Differing Subsurface or Physical Conditions. .12 4.04 Underground Facilities............ ... ....... . .., .....,......13= - 4.05 Reference Points, .14 4.06 Hazardous Environmental Condition at Site. 14_ Article 5-Bonds and Insurance. 6 5.01 Performance,Payment,and Other Bonds .16 in 5.02 Licensed Sureties and Insurers. .16' 5.03 Certificates of Insurance 17 5.04 Contractor's Insurance. 17 5.05 Owner's Liability Insurance. •1 5.06 Property Insurance. .... . .... ..... ..... ........ .... ........................................................................ 5.07 Waiver of Rights... ... ..... ..... .. ......... . .......... .. ............... ..... ... .................................. 20 l 5.08 Receipt and Application of Insurance Proceeds..................... .........I....................................21 21= EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC.'All rights reserved. Page 5 09 Acceptance of Bonds andrisurarice Option to Replace1= 5:10 Partial L7tilization,Ackii6 dgn ent, Property Insurer 57 Article 6-Contractor's Responsibilities .....,.... .. ...... ........: .. . .. ....,.. �2 04 Supervision and Superintendence _ 6 02 Labor;Working Hours 22 - b.03 Services,lYlaterials,ar�d E uipmenfiel , 2 -- = 0:04 Progress Schedule: 23 ,6.05 Substitutes and"Or-Ftluals" 23 6.06 Concerning Subcontractors,Suppliers;and Others. 25 6.07 ,Patent Fees and Royalties 27 6.08 Permits: 22 6.09 Laws and Regulations. 2g 6.10 Taxes .28 - 6.11 Use of Site and Other Areas 28 6.12 Record Documents. 29 6.13 Safety and Protection .29 6.14 Safety Representative. ,30 6.15 Hazard Communication Programs. .30 6.16 Emergencies 30 6.17 'Shop Drawings and Samples. 31 61l 8 Continuing the Work. ..' ij, WIN 32 6.19 Contractor's General,Wairanty'and Guarantee. MEW 33 6.20 'Indemnification. �33 61.21 Delegation of Professional Design Services. 34 JIM .... ........ .. ........ ....... .. ......: ........ ....... Article 7-Other Work at the Site $ 7.01 Related Work at S' ........... = - ,..�.. .. ......: ......... ........ .. ............ ..... . ....... - T.02 Coordination �2 35 7.03 Legal Relationships 36 Article 8-Owner's Responsibilities. 36 8.01 Communications to Contractor., 36 .laws ♦...f.,.*... ..o-.a ,..e+.a:.x. w..e♦...e. 4•.,..h.,r. r+. .q.; .++�+. x»sx ..++wax...... 8.02 Replacement of Engineer.... ..... ... . ...... . ........ . ....... ....... .. .......... ........ ....3b 8.03 Furnish Data. 36 8.04 'Pay When Due., ..... ............ ....... 36 8.05 Lands and Easements.Reports and Tests, 36MEW 8.06 Insurance.. 36 8.07 Change Orders. .37 S.08 Inspections,Tests,and Approvals 37 NOW Limitations on Owner's Responsibilities. ,.......» ........ . . ...... ........ .. ...... . ..... ....a..aa ....37 _ 8.10 Undisclosed iazardous Environmental Condition. 3'7 8.11 Evidence of Financial Arrangements. : 37......... ........ ......... . ......., ...,.... .........., 8.12 Compliance with Safety Program 37 . ... ... ........: ........... ....... ..... ....ii!... ...aa: ........ .. Article 9-Engineer's Status During Construction. a.: .377 9.01 Owner's Representative. 37 a....>...... � .. ...... ....... . . ..... _. EJCDC C-700 Standard General Conditions of the Construction Contract _ Copyright©2007 National society of Professional Engineers for EJCDC.;All rights reserved. Page ii = - 9.02Vi5it5 to Site. 37 e - 9.03 Project Representative 38 9.04 Authorized Variations in:Woik. 38 9.05 Rejecting Defective Work. 38 9.06 Shop Drawings,Change Orders and Payments 39 0.07 Determinations for Unit Price Work. 34 9.08 Decisions on,Requirements of Contract Documents and Acceptability of Work............. .39 9.09 Limitationson Engineer's Authority and Responsibilities...... ...... .: ........ .... ........ ...... ....39 9.10 'Compliance with Safety Program..... ... . ....................................................... ......... . ....... 40 Article 10-Changes in the Work;Claims. .. 40 10.01 'Authorized Changes in the Work. 40 10.02 Unauthorized Changes in the Work.. .41 - 10.03 Execution of Change Orders........ .. ...... .... ... . ......... .. ...... . .......... .....................................41,- 10.04 Notification to Surety. •41 10.05 'Claims. 41 Article 11-Cost of the Work;Allowances;Unit Price 11.01 Cost of the Work. 42 11.02 Allowances. 45 1103 Unit Price Work. .45 iS Article 12-Change of Contract Price;Change of Contract Times. ........ .. . ............ . ...... .... .. ....... 46 12.01 Change of Contract Price. .46" 12.02 Change of Contract'Times 47 1203 Delays 47 Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work......... .. .... 48= 13.01 Notice of Defects. 48:w 13.02 Access to Work. 484 13.03 Tests and Inspections. .49 13.04 Uncovering Work. 49 It a 13.05 Owner May Stop the Work............................,.... . ............. . ........ ... ...... . .. . ....... . ........ .50 13.06 Correction or Removal of Defective Work................ . ....... . ........ ....... ....... > .... ...... . . ....50 _ 13.07 Correction Period............................................ .......,............ 50 13.08 Acceptance of Defective Work.... .... 5I 13.09 Owner May Correct Defective Work 52 Article 14-'Payments to Contractor and Completion .. ........... .. .... ........ .. ..... .. ...... .. .....r:... .,... 52 14.01 Schedule of Values. 52 14.02 Progress Payments 52= 14.03 Contractor's Warranty of Title. 55 T 14.04 Substantial Completion. 55_ 14.05 Partial Utilization. ....56_ 1406 Final Inspection......................................... •57 14.07 Final Payment. .57 14.08 Final Completion Delayed. .58 - EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page iii 14.09 Wainer of Clauns, .,,.... ....,.. 58 Article I - Suspension of W ork aincl 15:01 Owner Majr Susptnd Work - 15 02 Owner May Ternnate for Cause 59 - 15 03 Owner May Terminate ForConvemence ,v 15 04 Contractor May Stop Work=or Teirriinat ........ ,..... .,,.,. .. �6Q Article 16—Dispute Resolution, 1 16.01 Methods and Procedures. .61 Article 17 Miscellaneous61 17.01 Gi uing Notice 61 17.02 Computation of Times. 62 11.03 Cumulative Remedies. 62 11.04 Survival of Obligations. 62 17.05 Controlling Law. 62 17.06 Headings. 62, iyg - - -y c - MIS - _- -' -- MINE= ME EICDC C-700 Standard Genera]Conditions of the Construction Contract - `-Copyright©2M National Society of Professional Engineers for EJCDC.AO rights reserved. - - Pap iv " - _ ri MgM RNM w - ARTICLE 1=DEFTWIONS AND,TE MOND 101 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms:listed below will have:the meanings.indicated which are applicable to both the singular,and plural thereof.:In:addition to terms specifically:defined,terms with initialJa capital:letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other;documents orforms. 1. Addenda—'Written or graphic instruments issued prior to the,' ning of Bids which_clanfy, correct,or change the Bidding Regu�rements or the proposed Contract Documents = 2. Agreement—The written instrument which is evidence of the agreemen between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents 4. Asbestos—Any:material that.contains more than one percent asbestos and is fnable�or is releasing asbestos fibers into the air!above current action levels established by the United States Occupational SafetytildHealthAdministration zo g _ - 5. Bid.—The offer or:proposal of a Bidder submitted on the rescribed form setting forth the prices for the Work to be performed 6. Bidder The individual or entity who suimits a Bid directly to Owner. _ - \ 7. Bidding Documents—The Bidding Requirements ands a praposedContract Documents (including all Addenda). - ap--- MM $. Bidding Requirements The advertisement or invitation to bid,Iiistnrctions to Biilders,Bii security of acceptable form,if any;and the'Bid Form with any supplements _ 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work ar an adjustment in the Contract Price or the Contract Times,issued on or after the Effective Date of the Agreement 10. Claim--A demand or assertion by Owner or Contractor seeking an acij stmerit of Contract Price or:Contract Times, or both, or other,relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim 11. Contract The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior, negotiations, representations, or agreements,whether written or oral. _ - EJCDC C-700 Standard General Conditions of the Construction Contract Copyright o0 2007 National Society of Professional Engineers for EJCDC. All rights reservedf Pagel of 62 - - - , = —= 12.Contract Documents `Those items`° o designated inn the:Agreement >O�ly;printed'or har77 d ; copies of the items listed in the Agreement ContractDocuments Approved Shoe, Drawings, other Contractor:>subrnitfals, and the reports>:and Drawings of:=subsurface and pM Ysical conditions are riot Contract Documents 13 Contract price 'e moneys payable by Owner to Contractor for completio of the Work in accordance with the :Contract Documents as stated~in the A,greernenf`:{subject to the �: provisions of Paragraph 1103 in the`casef 7nit Price Work) = -= _ 4 — _ M. MSOA 14. Contract Times—The number:of days or the dates stated in the Agreement to: (i) acluev 1VIilestones;if any, (ii)aehie e Substantial Completion;and(hi)complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor The individual or entity with om Owner has entered into the Agreement 16. Cost of the Work-=See Paragraph 11.01 for de i�rf ni on - _- 17.Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor Shop Drawings arld other Contractor submittals are not Draw m s as so defined IN-- 18, Effective Date of the Agreement—The:date indicated in the Agreement on which it become =if no such date isindicated,`imeans thedate on which the Agreement is si'by the last"file two parties°to,sign aritl deliver. 19. Engineer The individual or entity named as such'in,the Agreement . t+ Wider:;A written cider lssured by rtgn whieft requires rrtinor ohanges m the Wow but which does not involve a"change in e Con act Price or the Contract Times 21. General Regutrenwnts=-Sections of 1 Division ofthe Specifications 2I Hazzardous Environmental Condition--The presence at the Site of,Asbestos, PCBs Petroleum, Hazardous Waste, or RAdi6acctive Material in such quantities or circumstances that may presenta;substantial:ilanger topersons or property exposed thereto 23. Hazardous Waste- The t 1=la6lrdous Waste sfia11 nave the meaning prouided in Section 1004 of the Solid Waste Disposal Act(42 LZS o_n C3samended from time tome _ 24.Laws and Regulations;Laws yr Regulatcons--Any and all applicablelaW ,rules,regulations ordinances, codes'- anti orders of arty and all go*erhmentai bodies, agencies, authorities, an�� courts having jurisdiction: — � 25.`Z ien --Chargesy security rriterests, ox�e_ncumbrances upnect funds, eaLroperty, o personal property. �_ — r 071 ME- 26. Milestone-A principal event specified in the Contract Documents relating fo""an intermediate - completion date or time prior to Substantial Completion of all the Work. _ EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 02007 National Society of Professional Engineers for EJCDC All nphts reserved` Page 2 of 62 27.Notice.,of:4ward=The ng that upon timely compliance by=the Successful Bidder=with the eanditions precedent listed there, Owner will sign and deliver the Agreement. 20 2$.Notice to Proceed—A written notice given by Owner to Contractor fixing the date on whreh the.Contract Times will commence to run and on which Contractor shall start to-erform the Work under the Contract Documents 29,Owner—The individual or entity with uvhom Contractor has a feted into the Agreement and _ for whom the Work is to be performed mom 30.PCBs—Polychlorinated biphenyls = 31.Petroleum—Petroleum,including crude oiI or any fraction thereof which is liquid at standazti conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil,petroleum, fuel oil, oil sludge, oil refuse,gasoline,kerosene, and- oil mixed with other non-Hazardous Waste and crude oils._ - 32.Progress Schedule—A schedule, prepared and maintained by Contractor, describing the J \ sequence and duration of the activities comprising the Contractor's plan to accomplish77 the Work within the Contract Times 33.Project.—The total construction of which tie.Work to-be perforrneci under the Contract Documents may be the whole,or a part 34.Project Manual The bound documentary information prepared for bidding and constricting the -Work. A listing of the contents of the Project manual, which may be bound in one of more volumes,is contained in the table(s)of contents = _ _ 35.Radioactive Material-Source, special nuclear,,or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq)as amended_from_time-to time = 36. Resident Project Representative.—The authorized representative of Engineer who may lie assigned to the Site or any,part thereof _ Y �M - 37. Samples-Physical examples of materials;equipment,or workmanship that are representative of some portion of the Work and which establish than _by whichsuc4--portion e sof the Work will be judged. 38. .Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required Su bmittals and "the time requirements to support scheduled performance of related construction activities. 39.Schedule of values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions fof the Work and used as the basis for reviewing Contractor's Applications for Payment = EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 ` Shrip Drawarzgs=All drawing, diagrams, illustratroris, schedule , :and other data o information which are specifically prepared or assembled by or'far Contractor and subn3itted by Contractor to illustrate some portion of the Work MEMO ME - 41 Site Lands or areas`indicated in the Contract Documents as being furnhed by Owner upon - which the Work is to be,performed including rightsf -way and easements-for access there and such other lands furnished by Owrier'which are designated for the use of:Contractor 42. Specifications—That part of 4he,Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as:applied to the Work, and certain administrative requirements and procedural matters applicable thereto. _ 43. Subcontractor An individual or entity having a direct contract with Contractoirof with any ,, other Subcontractor for the performance of apart of the Work at the Site: 44. Substantial Completion---The time atwhich -the Work (or ,a specified part thereof) has - progressed to the point where, in the opinion of Engineer, the Work (or a specified part Y thereof) is sufficiently complete, in accordance with'the Contract Documents, so that ^ Work (or a specified part thereof) can be utilized for the purposes for'which it is intended The terms "substantially complete'and "substantially completed"as applied to all or part of;the Work refer to Substantial Completion thereof 45. Successful Bidder—The Bidder submitting,a responsive Bid to whom Owner makes an award. T 46. Supplementrxry Conditions—That part of theontra ?oc�um n"t which amens ; supplements these General Conditions; !'_ - 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor havuig direct contract with Contractor or with any Subcontractor,to furnish materials or equipment tt be incorporated in the Work byContractor or Subcontractor _ RM AM- = 48. Underground Facilities--- underground pipelines, conduits, ducts,`�-abld- ' wires manholes,vaults,tanks,;tunnels, or other such facilities or attachments;and any encasement;; containing such 'facilities, including those that convey electricity, gases, 'steam, liquid petroleum products;telephone or other communications,cable television, water, wastewater; storm'cvater,other liquids or chemicals,or traffic or other control system 49. Unit Price Work Work to be paid for on the basis of unit pnees. 50. Work--The entire construction or the various separately identifiable parts thereof requued to be provided under the Contract Documents. Work includes and is the result of performing oz providing all labor, services, and documentation necessary to produce such construction, an furnishing, installing,;and incorporating all materials and equipment into such construction} all as required by the Contract Documents. _ - _ - 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering at EJCDC C-700 standard General Conditions of the Corishvction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.:- Page 4 of 62 r —' —_ = - _ MM Addition, deletion,_'or revision in the Work, or responding to differing. or unforeseen subsurface or physical conditions tinder which :the Work is to be performed or tom emergencies: A Work Change Directive will:not`change the Contract"Price or the Contract Times but is;evidence thAC the parties:expecfi that the change ordered or documented by a Work Change. Directive will,be incorporated in a .subsequently`issued Change Order following negotiations by the-," s,as to Its effecC,if any on Cbe Contract Price or Contract Times: c 1.02 Terminology, _ A. The words and terms discussed in Paragraph 1.42.B through F are not defined but,when;used in the Bidding Requirements or Contract Documents,have the indicated meanuig B. Intent of Certain Terms or Adjectives = - _ 7 33 1. The: Contract Documents include the terms GG as allowed,3 iG as approyed, "as ordered," "ass t as directed" or terms of like effect or import to authorize an exercise of professional judgment GG GG ! = by Engineer. In 'addition, the adjectives "reasonable," suitable,' GG acceptable,33 proper,,- 3 "satisfactory," .or adjectives of like effect or import are used to describe an action 0r1 _ 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 fo compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown orindicated in the Contract Documents'(unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign'to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragra h Q9 or any other provision of the Contract Documents. - _ _ C. l3ay, _ - 1. The word "day" means a calendar day of 24 hours measured from'rnidnight to the next midnight. I ME ME D. Defeetive: = - NO _ - _ - 1. The word "defective," w fyW the wordWork,'s.refers- fo tNork that �s unsatisfactory;faulty,or deficientin'that it _ a. does not conform to the Contract Documents,or i b. does not meet the requirements of any applicable inspection,reference standard-terms ,o approval referred to in the Contract Documents•,or _ - c. has been damaged prior to Engineer's recom nendation of final payment (unless responsibility'for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05) = _ EJCDC C-700 standard General Conditions of the Construction Contract Copyright©207 National Society of Professional Engineers for EJCDC. Ali rights reserved: Page 5 of 62 - - s - - M E.: Furnish,"Inrtall,Perform;provide' 1 The word"furnish," when used ul onuec6 with services,rnateriais, or equipment;;shall r �crlean to supply an liver;said services; natrials, or equipment to the Site (or some other specked location)ready:for use or'installation and in usably or operable condition 2. Theword "install;" when used in connection with services, materi ;-,,,or shall mean to put into use or place in final positron said services,materials or meennt com e e = and ready for intended use � — - _ _ y w - _ 3. The`words "perform or `providti when used in co won w� i�ervices, matena s; r equipment, shall mean to furnish and install said services, materials,or equipment complete~ and ready for intended use. 4. When furnish, install, perform, or provide is not used in connection'with services materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied: _ - F. Unless stated otherwise in the Contract Documents;-words or phrases that have a well-known technical or construction industry or trade meaning a ed inhe Contract J.Documentsn accordance with such recognized meaning11�AM M ,ARTICLE 2-PRELFW NARY MATTERS �� � � a IN . 2.01 Delivery a,f Bonds and nce 6flnsurQnce A: When Contractor delivers tale executed counterparts of the Agreement to Owner;Contractor shall Also deliver to�Owner such bands as`Contractor may be required.to furnish. W MW ` — B. Evidence of Insurance: Before any W, av e Site ontiacfor an wne� s cad.~ deliver to the other, with copies to each additional insured identified in the Supplementary Condifions,certificates of insurance(and other evidence of insurance which either of them or and additional insured may reasonably request) which Contractor and aim _'O me re ectlyel required to purchase and maintain in accordance with Article 5 � _ w aw 2.02 Copies of Documents - V A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Prolec - Manual: Additional copies will be furmshed ru onxequest at the_cost f�epr ductlon 2.03 Commencement of Contract Times;Notice to Froceeci A. The Contract Times will commence ithe thirtieth.day after theffective�Date�tsf the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed A Notice to Proceed may be given at any time within :30 days after:the ;Effective bate of the Agreement:In no(event will the Contract Times commence to run later than the sixtieth day after~ the day of Bid opening or,the thirtieth,,day,after the Effective Date of the Agreement, whichever date is earlier. EJCDC C•700 Standard General Condffi& of the Chi stiv�c ioii Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved- - _Page 6 of 62 — ME U 2.04. Starting,,the Work MENEM = _ A. Contractor shall-start to perform the Work on the date when the Contract Times commence to run.No Work shall be done at the Site prior to the date on which the Contract Times commence to run. j - 2.05 Before Starting Construction w A. Preliminary Schedules: Within Z0 days after;the EffectiveDate of the Agreement(unless otherwise specified in the General Requirements),Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for~starting and completing the various stages of the Work, including any"Milestones specified in the= Contract Documents; = 2. a preliminary Schedule of Submittals;an 3. a preliminary,Schedule of Values for,all o€the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into .component parts,in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of 2.06 Preconstruction Conference;Des* gnczhan of Authorized Repres ntattYes_ �_ � v A. Before any Work at the Site is Started, a evru�erence att2iiued by Owner,JContractt',r,E��i,��er, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other'submittals, processing Applications for`Payment, and maintaining required records. _ _ - - _ - _ B. At this conference Owner and Contractor each shall designate in writing,aJspecif c individual to-_ act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals:shall have the authority to transmit instructions;receive information,, render decisions relative to the Contract,and otherwise act on behalf of each respective party 2.07 Initial Acceptance of Schedules' -� A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, .Engineer, and others as appropriate will be held to review far acceptability to Engineer as provided`below the schedules ,submitted in accordance with Paragraph '2 05 A Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress,payment shall be made to Contractor until acceptable _ schedules are submitted to Engineer - _ 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page;7 of 62 A Engineer responsibility,for the Progress Schedule,for segU66Hng,scheduling,or progress of the.Work; nor interfere with or relieve Contractor from Contractor's full res onsibil therefor, n 2. Contractor's Schedule of Submittals wnl be acceptable Engineer if it- prove es a vaor e arrarigernent for reviewing and processing the required submittals, 3. Contractor's Schedule of'Values will be acceptable to Engineer as to form and substance-Jif it provides a reasonable allocation of the Contract Price to component parts of the Work T� - - ARTICLE 3-CONTRACT DOCUMENTS: INTENT,}A;C�NDIN ;>ItEI JSE W l 3.01 Intent = A. The Contract Documents are complementary, what is required by one is as binding as if required by all. = - B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with 'the Contract' Documents. Any labor; documentation, services, materials, or equipment that reasonably may be inferred from the; Contract Documents or from prevailing custom or trade usage as being required to produce the_ _ indicated result will be provided whether or not specifically'called for, at no additional cost to YRM Owner. _ C. Clarifications and interpretation§'of the Contract Documents shall be issued by Engin ree provided in Article 9 G -m - momp 3.02 Reference Standards A. Standards,Specifications, ' s;and Rego atioris 1. Reference to standards, specifications, manuals, or codes iof any technical society organization,or association, or to Laws or Regulations,whether such reference be specific of MUM by implication, shall mean the standard; specification;manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if them were'no Bids),except as may be otherwise specifically stated in the Contract Documents 2. No provision of any such standard, specification, manual,'.or code, or,any instruction of Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or- Engineer, or any of their subcontractors, consultants; agents, or employees, from those set_ forth in the Contract Documents. No'such provision or instruction shall be effective to assign _ to Owner,Engineer,or any'of their officers;direetors,members;partners, employees,agents; consultants,or subcontractors,any duty or authority;to supervise or direct the performance o the Work or any duty or authority'to undertake responsibility inconsistent with the provisionM _ of the Contract Documents INS I'M - - EJCDC C-700 Standard General Condition of the Ctiiionan�ract Copyright©2007 National Society of Professional Engineers for EJCDC.;All rights reserved. _ _ - Page 8 of 62 - 3.03 Reporting and Resolving Discrepancies F A. Reporting Discrepancies,,',,' ------------- _ Y 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work,Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements: Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work a€fected� thereby. _ 2. Contractor's Review of Contract Documents During Performance of Work.ylf, during the performance of the Work,Contractor discovers any conflict,error, ambiguity,or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable =- Law or Regulation , (b) any standard, specification,manual,or code, or(c)any instruction of any Supplier,then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby(except in an emergency as required by Paragraph = 6.16.A) until an amendment or supplement to the Contract Documents has been issued---by one of the methods indicated in Paragraph 3 04 - 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents,the provisions of the Contract Documents shall take precedence in resolving any conflict,error, ambiguity, or discrepancy between`the provisions of the Contract Documents and _ a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not s cally mcor�orateci by reference in�the Contract Docuuments);for b. the provisions of any Lases or Regulations;applicable to the perfornianc of the Work {unless such an interpretation o€the provisions of the Contract Documents would result in violation of such Law or Regulation) 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be arnended to provide for additions, deletions, anrevisions �n the Work or to modify the terms and conditions thereof by;either a Change Order or a Work Change Directive. - = _ - B. The requirements of the Contract Documents may be supplemented, and`minor lvariations and deviations in the Work maybe authorized,by one or more of the following ways: EJCDC C-700 Standard General Conditions of the Construction Contraci Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 9 of 62 - y 0 A. A Field l&I -= v o - - Y 2. Erlgrneer's approval:o a Shop D Ml rawnng or Sample (subject to the provisions fParagrap 6:17.D: w v w 3 Erigirieer's written interpretation or clarification - 3.05 Reuse,u Do umenlS _ A. Contractor and any Subcontractor or Supplier shall hoot. _ 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, of other documents(or copies of any thereof) prepared or beanng theeal of �neerwx its consultants,including electronic media editions,or - - ` P yl 2. reuse any such Drawings,Spec cations,offer documents or co ies-thereofon extensions of the,project or any other;project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes - - w 3.06 Electronic Data - A. Unless otherwise stated in the Supplementary Conditions, the data funushed by Owner car - Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited o the printed copies(also known as hard copies);Files in electronic media format of text; data, graples," other am ire fish my for the curlvenicnce€ the tiviig y conclusion or information obtained or denved,from'such electronic files will be at the user's soli✓ ------------ - risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. UUM B. Becalxse 'data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the date's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred.Any errors detected within the 60 day acceptance period will be corrected by the transferring party C. When transferring documents in electronic media format, the transferring party, makes no representations as to long term compatibility, usability, or readability of documents resulting frorrl the use of software application packages,operating systems,or computer hardware drffenn from those used by the date's creator. — - - f - l - EJCDc C-700 staniisib Genet at Conditions of the ConsFrncUor"Coniract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights_reserved=, Page 10 of 62 { YM W0001-1 ARTICLE 4—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS; WERE POINTS 4.01 Availability Wands - A. Owner shall furnish the.Site. Owner shall notify,Contractor,of any encumbrances or restrictions not of general application but specifically related to use.of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay far easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or' Contract'Times,or both;as a result of any delay in Owner's furnishing the Site - " or apart thereof,Contractor may make a Claim therefor as provided in Paragraph L0 05 B. Upon reasonable written request, Owner shall furnish Contractor with 'a current statement of record legal title and legal description of the lands upon which the Work is to be performed Owner's interest therein as necessary for giving notice of or filing a;mechanic's or construction- lien against such lands in accordance with applicable Laws and Regulations.' _ C. Contractor shall provide for all additional lands and access'thereto that may be required for temporary construction facilities or_storage of materials and equipment MEN- 4.02 Subsurface and Physical Conditions a - A. Reports and Drawings. The Supplementary Conditions identify 1 those reports known to Owner of-explorations, and tests of subsurface conditions at or contiguous to the Site; and RUN 2. those drawings known to Owner-of physical"condrtiors relating to=existing-surface or subsurface structures at the Site(except Underground Facilities). - B. Limited Reliance,by Contractor on Technical Data Authorized. Contractor may rely"upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary ; Conditions. Except for such reliance on such"technical data,' Contractor may not rely upon of make any claim against Owner or Engineer,or any of their officers, directors,members,partners employees,agents,consultants,or subcontractors with respect to _ - 1. the completeness of such reports and drawings for Contractor's purposes, including,"but not = limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;or - w 2. other data, interpretations, opinions;and information contained.in such reports or shown of indicated in such drawings,or 3. any Contractor interpretation of or conclusion drawn from any "_technical da&' or any such other data,interpretations,opinions,or information: EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 MMM 4.03 Drfferang Subsurface or Physacal Conditzo 7 _ A: Notice: >f:Contractor believes;that any subsurface'or physical condition that is uncovered or reusaledeither: - - 1 is of such a nature as to establish that any° technical d ta'�on'—, dh=Contractor is entitled to = rely as provided rl Paragraph 4 02 is materially inaccurate;or J 2: is of such a nature as towire a change in the Contract Documen M= 3. differs materially from That shown or,indie in me Contract,Documents,or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered generally recognized as Inherent in work of the character rQ ded'' form the Contract Documents; ME = - - then Contractor shall;promptly aft i becoming aware ereof ands ore`fiutlier disturb Ong the subsurface or physical conditions or performing any Work in connection therewith (except in air emergency as required by Paragraph 6J6.A), not Owner and Engineer in writing about such condition. Contractor,shall not further disturb such condition or perforannyXrksnonnectlon , therewith(except as aforesaid)until receipt of written order to do so - B. Engineer's Review: After receipt of written notice as required by Paragraph 4:03A,Engineer will promptly review the pertinent condition,determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing(with a copy to Contractor) _ of Engineer's pindings and ccnclrisions sm C. Possible Price and Times Adjustments v _ _ MW EM 1. The Contract Price or the Contract T es or�oth ill be egintal3Ty djuste to tie ex n _ that the existence of such differing subsurface or physical condition causes an increase or rN decrease in Contractor's cost of,�or time required for, performance of the Work; subject however,to the following: o- - a, such condition must meet any one or,more of the categories described in Paragraph 4.03.A;andIRS= - b. with respect to Work that is paid for on- unit price basis,;any ad�us went in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11:03, 2. Contractor shall not be entitled to any adjustment in the Contract PriceM MN or Contract Times if a_ _ a. Contractor knew of the existence onr fion�at i e Contractor made a pina� cominitrnent to Owner with respect to .Contract Price and .Contract Times� by the= submission of a Bid yr becoming bound under a negotiated contract;or b. the existence of such condition could reasonably have been discovered or revealed as a =; result of any examination, investigation, exploration, test, or study of the Site and `EJCDC C-700 Standard General Con ons 6 the Consiructiori`Copfract' Copyright Cc3 2007 National Society of Professional Engineers for EJCDC.`All rights_reserved = Page12 of 62° _ - M-MIN go: contiguous areas required by the Bidding Requirements or Contract Documents to conducted by or far Contractor priorto Contractor's making such final commitment ar c. Contractor failed to give the written notice as required b Paragraph 4 Q3 A -� - I If Owner and Contractor are unableto agree on ntitlement to or on the amount or extent,if any, of any adjustment in the Contract Price or`Contract Times, or both, a Claim maybe-,___-------- -- - made therefor as provided in,Paragraph<10:05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, .employees, agents, consultants, or subcontractors shall be liable.to .Contractor, for any claims, costs,, losses, or damages (including but not limited to all fees and charges of engineers, architects,attorneys,and other - professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities - = = _ A. Shown or Indicated. The information and data shown or indicated in the Contract Documents= with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer,by the owners of such Underground- Facilities, including Owner, or by others. Unless it is otherwise' expressly Provided in the Supplementary Conditions: EM AN � w 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others;and Y 2. the cost of all of the following will be included in the Contract Pnce, and Contractor shall 'have full responsibility for -_ _ - = a. reviewing and checking all such uiformation andata; - b. locating all Underground Facilities shown or indicated in the Contract Documents; C. coordination of the Work with the owners of such Undezgroutid Facilities; including ` Owner,during canstrucrion;and - d. the safety and protection: of all such Underground Facilities and repairing any damage - thereto resulting from the work B. Not Shown or Indicated. = _ _ 1. If an Underground Facility is=uncovered or revealed at-or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before fil disturbing conditions affected thereby or performing any Work in connection therewith (except in ari emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer Engineer will promptly review the Underground Facility and determine the extent, if any, which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contraer Copyright©2007 National Society of Professional Engineers for EJCDC.?ill rights reserved-. _Page13 of 62 w ^�MM 5 r� 70 cons uerices of the existence or location of`the fiTnder ound acili burin such time.__ :. i `: g -- Contractor shall tie responsible:ior the safegyand protection of:suchlTnder ound Facili If Engiirieer�cor dudes tF at a'change m the Corifract D oc iirnents is regnired..... Wor Chang Directive or a Change,Order will be issued to reflect and document such consequences Al eiiutable adjustixent shall be invade in the ontract Price or Contract Fines,'csr bothy to thy_ , extent hxte `locaioofaydeu ty thathat they are attribte er Fac was riot shown or indicated or not""shown :or'indicated with reasonable accuracy in the Contract Documents and that Contractor did not'know of and could notreasonably have bee f expected to be aware of or to have'anticipated.if Owner,and Contractor are unable to aI'llgree an entitlerrieit to or'on the aniourit or extent,if any,of any"such adjustrnerit in Contract Price or Contract'Times.,Owner or Contractor may,make a Claim therefor as provided in Paragrap,14M. 10.05,., MEN 4.05 Reference Points - r A. Owner shall provide:engineering surveys to establish reference points for construction which ill ; Engineer's'judginentare necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work,shall protect andpreserve the established reference points and property monuments, and shall make no changes or relocations without the prio written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires'relocation because of necessary changes in grades or locations; and shall be responsible for the accurate replacement or relocation _oLSucYt reference points or property monuments brofessionFE a7ly qualified personnel 4.06 Hazardous Envirdti t)w ztal'Condition at Site T - A. Reports and Drawings: The Supplernentary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions xhat liav beOddentifiednt the o_a b _ Site. - B. Limited Reliance by Contractor on Technical Data Authorised: Contractor may rely upon tTie accuracy of the "technical data"contained in such reports,and drawings, but such reports and drawings are not Contract Documents.Such"technical data"is identified in the Supplerrientarj% Conditions. Except for such;reliance on such "technical data,"Contractor may not rely upon of make' claim against Ouuner or Engineer,or any of their officers dir cto�rsnembrs,partners AA employees,agents,consultants,or subcontractors with r e A to -� - l 1. the completeness of such reports and drawings far Contractor's purposes, including, but nod limited to,-any aspects' of the means, methods, techniques, sequences and procedures o construction to,be erriployed by Contractor and safety precautions and ;programs in ciden ihereto,,or - 2, other data, interpretations, opinions and information contained in such reports or shown o indicated in such drawings;or 3. any Contractor interpretation o�usioiirawri fr y teclirn� t ' orry sCzci other data,interpretations,opinions or information - EJCDC C-700 Standard General Conditions of the Construeiion Connect Copyright m 2007 National Society of Professional Engineers for EJCDC.Ail nghis reserved.= , Page 14 of 62 - - C. Contractor shall not be',responsible.forwdy Hazardous Environmental Condition unccivered or revealed at the�Site:which*as trot shownor indicated in Drawings orSpecifications or identified in the,Contract:Docurnents to be within the scope,of the.Work';'Contractor shall be responsible fora.Hazardous Environmental Condition created with any materials,brought;,to the Site by Contractor,Subcontractors,Suppliers,or anyone else for whom Contractor is responsible D. If Contractor encounters a Hazardous Efivironiiiental,Condition or,if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i)secure or otherwise isolate such condition; (ii)stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter,confirm such notice in writing). Owner shall promptly consult with Engineer concerning:the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer,Owner shall take such actions as are necessary to permit(owner to timely obtain'required permits and provide Contractor the written notice required by Paragraph = 4.06.E. E. Contractor shall not be required to resume Work in connechori with such conclltlori or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work maybe resumed safely: If Owner and Contractor cannot agree as to entitlement to or on the amount or extent,if any, of!any adjustrneiit in Contract Price or Contract Times, or both,as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph F. If after receiptof such written notice Contractor does not agree to resume such Work based on a reasonable belief it'is unsafe, or does not agree to resume such Work under such special ` conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a , result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by -- Owner's own forces or others in accordance with Article 7 G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, 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 lirnited to all fees and charges of - engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, _ provided that such Hazardous Environmental Condition: (i) was notshown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4:06 G shall obligate Owner to indemnify,any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National society of Professional Engineers for EJCDC.All rights reserved. Page 15 of 62 •H: To the:fullest`extent;permitted by Laws,sand Regulations,;Contractor shall:indemnify and hold harmless Owner andEngireer, and the�officers,"d�recCors,members partners,eirtpl�iyees,'agents consultants,nrduUcontractors of each and anyof themfroiti and a _. gainst all claims;costs,�loss" and" ;(irtclucling but not lrnited to all fees and charges of engineers;architects,attorney and other professionals and all court or arbitration or other dispute resolution costs) arising out o or relating to a ,Hazardous Environmental Condition;created by Contractor or by anyone fob w whorn�Contractor is`respons"bl" Not hi yn this Paragraph 4:06:H`shall obligate Contractor tp indemnify"any individual"or entity from and'"against the consequences'of that individual's or entity own negligence: I. The provisions of Paragraphs 4.02, 4.0 , and`4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site =_ _ ARTICLE 5—BONDS AND INSURANCE ------------ 5.01 Performance,Payment, and Other Bonds J A. Contractor shall furnish performance and payment bonds;eacr�n ari airiouirt at7ea equaio the Contract Price as security for the faithful performance and payment of all of Contractor's" obligations under,the Contract Documents.These bonds shall remain in effect until one year aftef, , the date when final payment becomes due or until completion of the correction period specified_ in Paragraph 13.07, whichever is later,except as provided otherwise by Latins or Regulations of , by the Contract Documents. Contractor shall also,furnish such other bonds as are r uired by the Contract Documents. x WEEK ` B. All bonds shall be in the form prescribed befit e contract Documes except as proe otherwise by Laws or Regulations,and shall be executed by such sureties as are named in' lisp Of t'Cornpanies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and a Acceptable Reinsuring Companies" as published in Circular 5'01,,(amended) by the Financial Management Service, Surety Bond Branch, U.S.Department of the'Treasury.All bonds signet by an agent or attorney-in-fact must be accompanied by a certified copy of that individual'a authority to bind the surety, The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond01 - G C. if the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any patt of the Project is located or it ceases to meet the requirements of Paragraph 5.0LB, Contractor shall promptly notify Owner and Engineer and shall,within 20 days after the event giving rise to such notification,provide another bond and surety, both of which shall comply,with the requirements of Paragraphs 5.01 B and w 5.02. "1020 — - = _ 5,02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and'maintaned b Owner or Contractor shall be obtained from surety ar insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard deseral Conditions of the Constntction ContraM Copyright 0 2007 National society of Professional Engineers for EJCDC. All rights res4-4 erved.` Page 16 of 62 - K meet such.additional requirements and`quahfications as may be provided in the Suppnentary �_ Conditions. - - 5.03 Certificates of Insurance MT A. Contractor shall deliver to Owner, with copies^to .each additional insured and loss payee identified in the Supplementary ,Conditions, certificates of insurance .(and other evidence of insurance requested by Owner or any other additional insured) which'Contractor is required to purchase and maintain. = _ w _ - _ B. Owner shall deliver to Contractor, with copies to each additional insured and loss payer identified in the Supplementary.Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. - WE C. Failure of Owner to demand such certificates ar:other evidence of=Contractor's full compliance -, with these insurance requirements or failure of Owner to identify a deficiency in compliance from= the evidence provided shall not be construed as a waiver of Contractor's obligation to_maintain - such insurance. D. Owner does not represent that insurance coverage and limits established in' this Contract necessarily will be adequate;to protect Contractor _ _ _ E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contras Documents - 5.04 Contractor's Insurance A. Contractor shall purchase and main such insurance as i"s appropri t-for the Worms being performed and as will provide protection,from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether it is to be performed by Contractor,any Subcontractor or Supplier, - or by anyone directly or indirectly employed by any of them to perform any,of the Work or by anyone for whose acts any of them 4 be liable - - _ L claims under workers'.compensation, disability benefits,"and other=sim1Iar employee benef f acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or, death of Contractor's employees; _ amm 3. claims for damages because of bodily uijury;^sickness or disease;or death of aiype son athe than Contractor's employees; 4. claims for damages insured by_reasonably available personal incur r liability coverage which are sustained: EJCDC C-700 Standard General.Conditions of the Construction Contract Copyright©2M National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 ^s Ma . a; b ,an erson as:a xesult of an offense:direcfl orndijreco7atthe+ern to enter such person byContractor,or -� w� b. by any other person for""any other reason; _ � 5: claims`for damages; other than to` ` Work itself, because of;injury to o destruction of tangible property wherever located,=including loss of use resulting therefrom;.and 6. claims'for damages because of bodily;injury or death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle - = — e B. The policies of insurance required by tlii Paragraph 5.04 shall y -,_ MW 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary_ exclusion regarding professional liability)Owner and Engineer, and any other,individuals or entities identified in the Supplementary Conditions, all of'whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of alI such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered417 there __ Y s 2, include at least the specific coverages and be written for not less than the limits of liability provided in the Supplement ary'Cotiditions or required by:Laws oir Regulations, whichever is greater; _ - - 3. include contractual liability insurance covering Contractods indemnity- obligations A— c Paragraphs 6.11 and 6.20; 4. 'contain a provision or endorsement that the coverage afforded will not be ca led,materially changed or renewal refused until at least 30 days prior written notice has been given to Owne and Contractor and ,fo each other additional insured. identified in the Supplementary Conditions to whom a certificate of insurance has been issued and the certificates o insurance furnished by the Contractor"pursuant to Paragraph 5.03 will so provide), _ 5.4 remain in effect at least until final payment and at all times thereafter vhen Contractor may be correcting, removing, or replacing defective Work in accordance with'Paragraph 13 0T and ------------ x 6. include completed operations coverage } w ,Y�_ a: Such in shall remain in effect for two years after final paymentME b. Contractor shall hm6 isMWner an each Gother dd fi oil ins�ir ire 'fi "in Fi _ Supplementary Conditions,to whom a certificate of insurance,"has-been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and onp--y jthereafter = _ EJCDC C 700 Standard General Conai6ons of tie Copyright 02007 National Society of Professional Engineers forYEJCDC."All rights reserved: Page T8 of 62 F _ s _F- �_ 5.05 Owner's Bability Insurdnce - A: In addition to the insurance required to be provided by Contractor under Paragraph 5.04,Owner, at I Owner's option, may purchase and maintain at,Owner's expense Owner's own liability insurance as will protect Owner:against claims which may arise from operations under the- Contract Documents.' � � �� � N 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions,Owner shall purchase and maintain property insurance upon the Work,at the Site in the amount of the full replacement cost there (subject to such deductible amounts as may,be provided in the Supplementary Conditions or required by Laws and;Regulations).This insurance shall _ i v _ ti � - 1. include the interests of Ow ne%Coo ttactar coSubnl ac ors, an 11tngineer,-and-any other individuals or entities identified in the Supplementary Conditions, and the officers,directors; members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to-have an,insurable interestand shaltbe listed as a loss payee; = — - 2. be written on a Builder's Risk k"all-risky policy form that shall atleastnelude insurance fo _ physical loss or damage to the Work,;ternporary buildings, falsework, and materials and equipment in transit, and shall insure,agamst at least the following perils or causes of Loss fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake; collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage(other than that caused by flood),and such other peels or causes�_ofloss as may be specifically required by the'Suppleznentary Conditions WHIM 3. include expenses incurred in the repair or replacement of any insured property; ncluding but not limited to fees and charges of engineers and architects); _ 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing byOwner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer, \ S. allow,for partial utilization of the Work by Owner; 6. include testing and startup;and _ 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 36 days written notice to each other i loss payee tee whom°a certificate of insurance has been issued B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other = individuals or entities identified in the Supplementary Conditions, and the officers, directors; EJCDC C-700 Standard General Conditions of the Construction Contract , Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved; _Pagel9 of_62 �= y Ml WIN members,Partners, employees, agents; consultants and subcontractors of each and any:of them, each of whom is deemed fohave arl xnslarable'interesti aild shall be listed as a loss payee. _ w- = C: All the polies of insurance :`(and the'%:certificates or other'evidence thereof) required to bey purchased anti maintained�in�accordance with`this Paragraph 5.06'wi11 contain e a provision orb =~ endorsement that the coverage afforded will'not.be canceled or:materially an or renewal refused until at Ieast 30 days prior written hotice has been given to Owner arld Contractor and to each other loss payee to'whorn a certificate of insurance has been issued and,vvill contain waive provisions in accordance with Paragraph 5.07. D. Owner 'shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests'of,Contractor,Subcontractors,or others in the Work to the extent of any deductible amounts that'are identified in the Supplementary Conditions. Thin_ risk of loss Within such identified deductible amount will be borne by Contractor,Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts,each may purchase and maintain it at th"urchaser's own expense me-Foams m E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06,Owner shall, if possible,include, insurance,and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site,Owner shall in writing advise Contractor whether or nod such other insurance ha'sbeen procured by Owner MR- 5.07 Waiver of:Rights .A, Owner and Contractor ihtend that all policies purchased in accordance with?a�rra protect Owner, Contractor,'Subcontractors, and Engineer, grid all other individuals or entities identifiedin the Supplementary Conditions as loss payees (and the officers;directors,members, = partners, employees,agents, consultants, and subcontractors of each:and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have'no rights of recovery against any of - the insureds or loss payees thereunder.Owner and Contractor waive all rights against each other and their respective officers; directors, members, partners, employees, agents, consultants and = subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive;all such rights agains11"t Subcontractors _ and'Engineer,'and all other individuals or entities identified in the Supplementary Conditions a - loss payees,(and the officers; directors,members, partners,1,employees; agents; consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused None of the above waivers shall extend to the rights that any party making such waiver may'have to the proceeds of insurance held by Owner as trustee or otherwise'payable under any policy so PON issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors,members, partners, employees,agents;consultants and subcontractors of each and any of them for. WN EJCDC C-700 Standard General Conditions of the et Copyright 01007 National Society of Professional Engineers for FJCDC. All rights,reserved. Page 20 of 62 - - 1. loss due to.business interruption, loss of use, or other consegaential loss extendzng beyond direct,physical loss or damage to Owner's property ar the Work caused by;arising out of,of resulting from fire or other perils whether or not insured by Owner;and 2. loss or damage to the completed Project or part thereof caused by, arising out of,or resulting from fire or other insured peril.or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph-14.05,:after Substantial Completion pursuant to Paragraph 14.04 or after final payment.pursuant to Paragraph 14.07. eqM RE ------------------- C. Any insurance policy maintained by Owner,covering any, loss, damage or consequential loss, referred to in Paragraph 5.07.E shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer,and the officers, directors, members, partners, employees,agents,consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06'will be adjusted with , Owner and made payable to Owner as fiduciary for theI ss payees,as their interests may appear,; subject to the requirements'of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest mayreach.If no other special agreement is reached, , the damaged Work shall be repaired or replaced;the moneys so I received applied on account thereof,and the Work and the cost thereof covered by an appropriate Change Order B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such abjection be made, Owner as fiduciary shall make, settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no, such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and,if required in writing by any party in interesf3 Owner as fiduciary shall give bond for the proper performance of such duties - \_ 5.09 Acceptance of Bonds and Insurance;Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded byy other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformwith the Contract Documents,the objecting party= shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.0I.13. Owner and Contractor shall each provide to the other such additional 'information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance ` required of such party by the Contract Documents, such party shall notify, the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain - prior to any change in the required coverage.Without prejudice to any other right or remedy,the other party may elect to obtain equivalent bonds or` insurance to protect such other'part y's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 "interests at the expense of the tirhow pi gdd hparw a Ch Order shall,be issued'to adjust the Contract Price acCordin ly — ; 5.10 Partial Unikatibn,Acknowledgment of Property Insurer A, If Owner finds it necessary to occupy or use a portion orpoMons of the Work prior to Substantiate Completion of all tte;Wok'as provided in Paragraph 1405;:no such use or,=occupancy shall commence before the insurers providing the property insurance<pursuant to Paragraph 5.06'hav acknowledged notice thereof and in writing effected -any changes in" coverage necessitated thereby.. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property"insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. - _ = - a _ = _ ARTICLE 6—CONTRACTOR'S RESPOlTS1BIL ITIES = _ 6.01 Supervision and Superintendence A. Contractor shall supervise;aspect,and reef e Work coriipetent y and e elently, dei�otin such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means,;methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification,of a specific means,method,technique;sequence,or procedure of construction which is shown or indicated III and expressly required by the Contract Documentsor B. At all times during the progress of the Work, Contractr Shall assign-competent esideriF- superintendent who shall not be replaced without written notice to Owner'and,Engineer except under extraordinary circumstances HE = � - — 6.02 Labor; Working Hours15 - _ A. Contractor shall provide competerit,s itabty quallfie�pars nnel ri survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good disclpluie and ordeat the _ B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto,-and except as otherwise stated in the Contract Documents, all Work at- the Site shall be.;performed during regular working hours; Contractor, will not permit the - performance:of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent(which will not be unreasonably withheld.)given after prior written notice to Erigineer 6.03 Services,Materials, a7id Equipment IMF- ME — — — A. Unless otherwise specified in the�ntract Documents, Contractors p v dez�an�assu�cefu�f responsibilityfor all `services,materials;et3liipment,labor,transportation,construction equipment , and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facili temporary facilities, and all other facliitlesndjncidentals necessary for therformance,testing, start-up,and completion of the Work SIMMONS _ EJCDC C-700 Stanaiid General Conditions of the Consirutfion`Contia�t Copyright©2007 National Society of Professional Engineers for EJCDC, All rights reserved.. Page 22 of 62 y _ — B. All;materials and equipment,incoxporated into the Work shall be as specified©r,if not specified _ shall be of goodquaiity,an, l.new,,except as.otherwise;prodded in the Contract Documents: All s ecial warranties and grantees re aired b the S ecifications shall ex ressl run to the benefit P � � 9 : Y � P P Y of Owner: If required by Engineer,'Contractor shall furnish satisfactory' evidence (including-�� reports of required tests)as to the source,kind,and quality of materials and equipment _ C. All materials and equipment shall be stored, applied,installed, connected, erected, protected used;cleaned,and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided m the Contract Documents - _ _ ME— WIN 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established_n accordance with Paragraph 2 07 as it may be adjusted from time to time as provided below J _ 1. Contractor shall submit to Engineer for acceptance tto theJex�tenfndica�ed 1n Paragraph�2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements, applicablethereto. 2. Proposed adjustments in the ProgressvSchedule that^will change the Contract Times shall die submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order: - — 6.05 Substitutes and "Or-Equals" _ / - A. Whenever an item of material or equipment is specified or,described in the Contract ocuments by using the name of a proprietary item or the name of a particular Supplier,the specification or description is-intended to establish the type, function; appearance, and quality required. Unless the specification or description contains oris followed bywords reading that no like,equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers maybe submitted to Engineer for review r unde the circumstances described below. gl t 1. "Or-Equal"Items:If in Engineer's sole discretion an item of material or equipment^proposed by Contractor is functionally equal to that named,and sufficiently similar so that no change in related Work will be required, Win' be consid ere d'by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph,b.05.A.1, a proposed-.1 of material or equipment will be considered functionally equal to an item so named if a. in the exercise of reasonable judgment Engineer dettrrnines that = 1) it is at least equal in materials of construction, quality, durability, appearance, strength,and design characteristics; - - = EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. Ail rights reserved.- Page 23 of 62i " - _ - �- 2):>it will r"eliably:perfi�rm at least equally well tie fanetitin'and achieve the xesul Imposed by the design concept of t> e completed P%iect as a functonii whole,and - ) it has',a,proven:reeor,, performance and a�ailabili of responsive sere b. Contractor certifies that,if approved and rrrc iporated into the Wor 1) there will beano increase in cost to the Qwner or increase in Contract Times,and " 2) if will conform'substantially to the detailed requirements of the item named m the Contract Documents - - 2. Substitute Items: T w a. If in Engineer's sole discretion ari item of material or equipment proposed by Contracto does not qualify as an"'or-equal" item under Paragraph 6.05.A.1, it will be considered proposed substitute item _ Contractor shall submit sufficient information as provided below, to allow Engineer to determine if the item of material or equipment proposed is essentially'equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substxtut items of material or equipment will not be accepted,by Engineeiltom anyone other than Contractor. - — b M-111WO c. The requirements for review by Engineer will 1 e as set forth m Paragraph 6 05.AM supplemented by the Cenerg uirements, and,as Engineer may decide'is appropnat under the circumstances:, r rev ,C actor shall Beat t ri of a posed stzbstitu ; item of material or,equipment that Contractor seeks=to famish or use.The application MOM M _ 1) shall,certify that the,proposed substitute item w>1t _ a) perform adequately the functions and achieve the results called for by the'general = b) be similar in substance-to tha specified;and c) be suited to the same use as that specified, _ Y 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prelud�ce= Contractors achievement of SubstantlaLbrnpletlon�nime; b) whether use of the proposed substitute item in the Work will require a change i _ any of the Contract Documents(or'in the'provisions of any other direct contract NO with Owner for other work on the Project) to adapt the design to the proposed - substitute item,and = EJCDC C-700 Standard General Conditions of the Construction Gontr�c Copyright 02007 National Society of professional Engineers for EJCDC. All rights reserved. Page 24 of 62 - " c),_,.wh&ther Jncprppr4tion,,or use of the proposed substitute item°in connection with the Work.is sub'ect to a inept of an license fee cir;ro`al J p;Y Y Y tY; � - 3) will identify a) all variations of the proposed substitute item from that specified;and _ - - - b) available engineering,sales,maintenance,repair,and repiacerrient services,and 4) shall contain an itemized estimate of all costs or credits that will result directly or o ueofsucindim h substitute item, including cossdredesign andclaimsofe other contractors affected by any resulting change _61 B. Substitute.Construction Methods or Procedures: If a specific ;means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit,sufficient information to allow Engineer,in Engineer's sole discretion,to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review--by Engineer ffiwill be similar to those provided in Paragraph 6.05.A.21, _ C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B.Engineer may require Contractor to furnish additional data about the proposed substitute item:Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be`evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an"or equal" Engineer will advise Contractor in Y �writingofanynegatiyedetermination , 70 D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. _ w E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs mi evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and fr.05.B.Whether or not Engineer approves a substitute so proposed or submitted by Contractor. Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each,such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract withpig Owner)resulting from the acceptance of each proposed substitute - - F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or=equal"at Contractor's expense: 6.06 Concerning Subcontractors, Suppliers,and Others A. Contractor shall not employ any Subcontractor, Supplier,or other individual or entity(including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 25 of 62 " required to employ any 5ubcontractor,'Supplier, or other individual .or entity to furnish - perform any of the V►�ork against whom contractor has seasonable objection. r B. If the Supplementary Conditions require the identity of certain Subcontractors,Suppliers,or other - individuals or entities to be submitted to Ownex in advance for acceptance by Owner by a, - .• . - specified date prior to tlie'Effect ue Date of,tl e Agreement,a id if Contractor as'submitted a lisp thereofin accordance with the Supplementary Conditions;Owner's acceptance,(either in vvritin or"by falling to make wn en:o gee on thereto`by ihe'& indicated'for acceptance or objection i i the Bidding.Documents or the Contract Documents)of any such Subcontractor,Supplier,or othez individual or entity so identified may be revoked on the basis of reasonable objection after due investigation: Contractor shall submit an acceptable replacement for the rejected Subcontractor; Supplier,or other individual or entity, and Elie Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. Nd acceptance by Owner of any such Subcont`racior Supplier, or.other individual or entity, whether initially or as a replacement,shall constitute a waiver,of any right of Owner or Engineer to reject defective Work _ C. Contractor shall be fully responsible to;Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing m the Contract Documents: _ 1. shall create for the benefit of any such Subcontractor, Supplier;or other individual or entity any contractual relationship between Owner or Engineer andy any such`Subcontractor, A Supplier or other individual or entity;;nor _ _ 2. shall create any obligation on the part of Owner or Engineer to pay or to see toNO t he payment o -any moneys d y such Subcontractor,Supplier,or"o r individual or entity e as ma otherwise be required by haws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnlshn$ any of me Work under a direct or indirect contract with Contractor E. Contractor shall ,require all Subcontractors, Suppliers, and such oilier individuals or--entitles performing or furnishing any of the Work:to communicate with Engineer through Contractor. F. The'divisions and sections of the Specifications and the'identifications of any Drawings shall nod control Contractor in dividing-the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade = v _ G. All Work performed for Contractor by a Subcontractor or'Supple will be pursuaio an _ appropriate agreement between Contractor and the Subcontractor ar Supplier which specifically binds the Subcontractor on Supplier to the applicable terms and conditions of the Contrac- Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner; EJCDC C-700 Standard General Conditions of the Construction Contract - Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserYed. Page 26 of 62 - - - _ - - Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insure is'or loss payees {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;gelatin to,or,resulting from a' f the perils,or causes of loss g covered by such policies and any other,property insurance`applica e to the Work: If the insurers on any such policies;require separate waiverforms to be signed by any Sub ac r or Supph Contractor will obtain the.same. IMM ��-� `- � _ - 6.07 Patent Fees and Royalties _ A. Contractor shall,pay all license fees and,royalties and assume all costs incident to the use m the performance of the Work or the incorporation in the Work of any invention, design, process; Product,or device which is the subject of patent rights or copyrights held by others:If a particular invention, design, process, product, or device is specified in the Contract Documents for use m the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants,and subcontractors from and against all claims;costs,losses,and damages(including but not limited to all fees and charges,of engineers,architects,attorneys,and other professionals; and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention,design,process,product,or device specified in me Contract Documents,but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. - C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer,and the officers,directors,members,partners,employees, agents consultants and subcontractors of each and any of them from and against all claims,costs,losses; and darxlages(including liut not limited to all fees and charges of engineers;architects,attorneys, and other professionals and all court or arbitration or other,dispute resolution costs)arising out of or relating to any infringement.of patent rights or copyrights incident to the use in the performance of the Work or resulting from the 'incorporation in the Work of any inventions design,process,product,or device not specified in the Contract Documents ME 6.08 Permits MA = _ -p r _ A. Unless otherwise provided in the Supplementary Conditions`,Co�ac r shall obtain and,pay for all construction permits and licenses. Owner shall assist Contractor,when necessary,in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids,oF, if there are no Bids,on the Effective Date of the Agreement.Otivner shall pay all charges of utility owners for connections for providing permanent service to the Work- EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62` _ 609 Laws and Reguiatons - _ w A :Contractor shall give all notices required by.arid shall comply with all laws and regulations applicable=;to the performanceof the Work; Except` where oerwrse expressly reduireo by applicable`I;avus and; Regulations, neither Owner `nor Engineer shall' be responsible fof monitoring Contractor's-compliance with any Lours orRegulations. B. if Contractor performs any Work-knowing or having reason to know that it is contrary to" or Regulations, Contractor shall bear all claims, costs, losses, and damages (including 'but not limited to all fees anti charges of engineers; architects,attorneys, and other professiofals and all court"or arbitration or other dispute resolution costs};arising out of or relating to such Work. However, it shall not be Contractor's responsibility to"'make certain that the Specifications and Drawings are in accordance with Laws and Regulations;but this shall not relieve Contractor of Contractor's obligations�.znder Paragraph 3 0? - C. Changes in Laws or Regulations not known at the time of opening of Sids (or, on the Effective Date of the Agreement if there were no Bids)having an effect'on the cost or time of perforrnanc _ of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner _ and. Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment,a Claim may be made therefor as provided in Paragraph 10 05 _ 6.10 Taxes A. Contractor shall pay all sales, consumer,'use,.and other, similar,taxes required to be paid b Contractor in accordance with the Laws and Regulations of the place of the Project which ase applicable during the performance of the WorkAM-1-1- Efth NOW 6.11 Use of Site and Other Areas 1 � f A. Limitation on Use of Site and other Areas NO - _ I. Contractor shall confine construction equipmen , ie storage of ri S Ind quipment,and the operations of workers to the Site and'other areas permined byLauvs and Reguilations,and shall not unreasonably encumber the Site and other areas with construction`equipment a other materials or equipment. Contractor shall assume full responsibilityfor any damage to any such land or area,or to the owner ,or occu ant thereof or of�Tid acen° land or, resulting from the performance of the Work.M RON y _ = 2. Should any claim be made by any such owner o orccupant cause of the pc rrriance,o Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolufion_proceeding.or at"law. 3. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold w harmless Owner and Engineer, and the officers, ctretors, 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 Fall court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action,legal or equitable,brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 02007 National Society of Professional Engineers PCDC.Aflxlgh ABr tsseserved _ - - - Page 28 of 62 - `_ by any such owner.,or,occupant against Owner,.Engmeer, or anyotlier party indemnified hereunder to the extent eausect by orbased upon Contractor's performance of the Work , - _ B. Removal of Debris During Performance.of the Work. During the progress of the World Contractor shall keep the Site and other'areas free from accumulations of, waste materials_; rubbish,.and other debris. Removal and Aisposal,of such Waste rnatenals, rubbish, and other debris shall conform to applicable Laws:and Regulations _MM= 4 y - - C. Cleaning: Prior to Substantial Con of`the Work Conrad ro shallc ean tYie Srte and"die ompleti Work and make it ready for utilization by„Owner.At the completion of the Work Contractor shallig remove from the Site all tools, appliances, constructio><t equipment and machinery, and surplus materials and shall restore to original condition-all property no designated for.alteration by RPM x Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part:of any structure_t6 be Ioaded any manner that will endanger the structure,nor shall Contractor subject any part of the Work or = adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents = - _ A. Contractor shall maintain in a safe place at the Site ore`record copy of all Drawings_, Specifications, Addenda, Change Orders, Work.Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer,for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings wilL-e dehrrered to Engineerfor Owner. - y - r 6.13 Safety and Protection A. Contractor shall be 'solely,responsible for initiating, maintaining!and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary,precautions for the safety of, and shall provide the necessary protection to prevent i damage,injury or loss to: - - - - _ 1, all persons on the Site or wha may be affected by the Worker 2. all the Work and materials and'equipment to be incorporated therein,whether in storage onEM- or off the Site;and _ - 3. other property at the Site or adjacent thereto; incliidmg=trees; sliubs,=lawns,'wallcs, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation,or replacement in the course of construction. = - B. Contractor shall comply with all applicable Uaws and Regulations relating to the safety of persons or property,or to the protection of persons or property from damage,injury,or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved: =Page 29 of 62 shall erect and maintain all neces5cafe its for such safe and rotection 4 ontractor shall notify,owners of adjacent property and of Underground Facilities°and other uhl�ty owners when _ rpermosoevcault,i'on o' W � , erty: with them in tho � o 11 reloca m prop e �- C. Contractor:shall dimply with the appliea e recltmernen s:o Owner s safety prpgran any - ; The Supplementary on, to dentify;any Owrier's safety programs thaf are applicalsle to tlr Work. w 3 D. Contractor shall inform Owner and Engineer of the specific requirements;of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. osa- E. All damage,injury, or loss to any property referred to in Paragraph 6.13.A.2 orEAIA.3 caused, directly or indirectly,mil whole or in part,by Contractor„any Subcontractor,Supplier,or any other individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, shall'be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions -" Of Owner or Engineer or anyone employed by any of them,or anyone for whose acts any of them, may be liable, and not attributable, directly or indirectly,,in whole or in part, to the fault o negligence of Contractor or any,Subcontractor,Supplier, or other individual or entity directly o indirectly employed bany of them) - - - F. Contractor's duties and responsibilities for safety and for protection of the Work shall contanu until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.0 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) Ad- 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shalt be the prevention `of accidents and the maintaining and supervising of safety precautions an -programs. AM " - _' -M 6.15 Hazard Comthunication Programs - A. Contractor shall be responsible for coordinating any exchange of material safety data sheets o other,hazard communication information required to be made available to or exchanged between or among employers at the'Site in accordance with laws or Regulations 6.16 E - mergencaes A. In emergencies affecting the safety°or protection of persons or the Work or property at the Site on adjacent thereto, Contractor is obligated.:to act to prevent threatened damage, injury, or loss Contractor shall give Engineer prompt written notice'if Contractor believes that any signlfiean changes in the Work or variations from the Contract Documents have been,caused thereby or ark required as a result thereof. 1f Engineer determines that a change in the Contract Documents EJCDC C 700 Standard General Conditions of the Constrnciion Gontracf - Copyright©2007 National Sonety of Professional Engineers for EJCDC._All rightsserved Page 30 of 62 required because o€theaction taken by Contractor in response to such an emergency, a Wore Change Directi�e,or Ch fflw v 6.17 Shop Drawings and Samples - A. Contractor shall submit Shop Drawings and Samples-to Engineer for review.and approval u accordance with the accepted Schedule of Submittals (as required by.Paragraph 2 07) Each submittal will be identified as Engineer may require .— - ,u Y 1. Shop Drawings: a. Submit number of copses specified 111 the General Requirements Y ~ b. Data shown on the Shop Drawings will be compete with"respecf"to quan�itles dimensions,specified performance and design criteria,materials,and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D IN - z= — 2'. Samples: �E a. Submit number of Samples-specifi0_MWe pcifications b. Clearly identify each Sample as to material; Supplier, pertinent data such as catalog numbers, the use for which intended and'other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17 D NVOR - � ' B. Where a Shop Drawing or Sampfe is req fired byie ContsDocum t o the-Scliedule of _ Submittals;any related Work performed prior to Engineer's review and approval of the pertmenl submittal will be at the sole expense and responsibility of Contractor.' C. Submittal Procedures. - 1. Before submitting each Shop Drawing or Sairrple,Contractor shall have _ a. reviewed and coordinated each.Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract DocKIM uments b. determined and verified all field measurements, quantities, dimensions; specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto, c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installatlori pertaining to the performance of the Work,and OWN ZEN— �v d. determined and verified-_' Information relative °to Contractor's responsibilities means, methods, techniques, sequences, and procedures of-construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved- Page 31 of 62 Esch submittal shall bear a stamp or specif c written`certification`that Contractor has satisfied Contractor"s obligations under the;Contract D iunents with re` ect tojontractor' view and approvalof fhat submittal. 4JIM MR NOW � - 3. With each submittal Contractor shall ve�En Weer s' ific written notice of an variations P y. ;that the 'Sliop Dravaizg or Sample may have;from the requu`ements of the Contract Documents. 'Ihts notice shad be both a written;communication separate from the,Shop Drawings or Sample submittal, and;in addtion, y a specific notation made on each.Shoff Drawing or Sample subrrutted tongineer for review and approval of each such variation D. Engineer's Revtew 1. Engineer will provide tunely iev�ew Siop Drawings;andampTes3ri accor ance wits the Schedule of Submittals acceptable to ETi sneer- En ePTSC reV2eW and approval A)AMI;be rJn�Jv to determine if the items covered by the submittals'will,'after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as sndieated b�the Contract Documents - _ - _ _ - - _ = MAZE- 2. Engineer's review and approval vain not extend to means-,methods;tech ntc es sequences, r procedures of construction(except where aparticular means,method,,,technique,sequence,or procedure of construction is specifically and expressly'called;for by the Contract Documents) or to safety precautions or programs incident thereto,The review and approval of a separate item as such will not indicate approval of the assembly 1n which the item functions 3. Engineer's review and approval shall not relieve Contractor from responsibility -for any variationIrom the requirements of the Contract Documents unless Contractor has complied wath the ruiremaats o1' Zh17 C 3.mod giunproval of a such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paraph17 C L _ — - _ _ E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shaIl.return the required number of corrected copies of Shop Drawings and submit, as required,new Samples for review and approval. Contractor shall direct specific attention in wnttng to revisions-other than the corrections called for by Engineer on previous Subrruttals 6.18 Continuing the Work ME x � A. Contractor shall carry,on the Work and:adhere to the:Pro gress Schedule during all disputes or disagreements with Owner.No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted Pagrh;15 04 or as Owner and Contractor __ - may otherwise agree in writing l _ = _ N c� EJCDC C-700 Standard General Conditions of the Construction Contract Alt Copyright©2007 National Society of Professional EnginesrsfoEJ rCDC. rights reserved: Page 32 of 62 ; 6:I 9 Contractor's GenercxZ.,Warraniy and Guarante A.,,Contractor,warrants and guarantees to owner= at all Wo will begin cca o dance with theme Contract Documents arid:will not be;defective. Engineer and its officers, directors, members? partners, employees, ;agents, 'consultants, and subcontractors shall be entitled to rely on representation of Contractor's warran _anc� antee. P ty � -- B. Contractor's warianty and guarantee hereunder excludes defects o d age caused by _ 1. abuse,modification,or improper nairitenaiice—oroperation by persons other than Contractor Subcontractors, Suppliers, or any other individual or entity fon whom Contractor �s = responsible;or - 2. normal wear and tear under normal usage C. Contractor's obligation to perforin`a d complete the Work in accordance=with the Contract; Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of-_Contractor's obligation toperform the Work in accordance with the Contract Documents. 25 1. observations by Engineer, z 2. recommendation by Engineer of payment by owner of any progress or final payment, 3. the issuance of a certificate of Substantial Completion by Engineer or anynent=related thereto by Owner; 4. use or occupancy of the Work or any part thereof b er; ---------------- 5. any review and approval of a Shop awing or Sample submittal or the issuance of a notice of acceptability by Engineer, 6. any inspection,test,or approval by others;or 7. any correction of defective Work by Owner. - 6.20 Indemnification = - A. To the fullest extent permitted by Laws;and 12egulations,'Coritractor shall`mdeiniiify and hold harmless Owner and Engineer, and the officers,directors,members,partners, employees, agents; consultants and.subcontractors of each and any of them from and against all claims,costs,losses; and damages (including but not limited to all fees and charges of engineers,architects,attorneys; and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to the performance of the Work,-provided that any such claim,cost,loss,or damage is attributable to bodily'injury, sickness; disease, or death,or to injury to or destruction of tangible property(other than the Work itself),including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor,any Subcontractor,any Supplier, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDc All rights reserved: Page 33 of 6Z ; gaynm , ir , memB In hoaE e partners, employees, agents, consultants, ar subcontractors by any employee(or the survivor or E personal representative of such,p iJpyee_of Contractor,anySubcontractor,any'Suppl er, or,any, = In ch idual or entltydlrectly or mdirectlyemployed by any of hem fa perform any of`tho Work,'or anyone fir`whale aces any of them may be liable,the indemnification obljgatlon under,Paragraph 6,20.A shallnof be ilrriited in any way by=any liimitation on:the iamounf or type:ofarnag - N compensation, or'.benefits,payable by or" far;Contractor or any such Subcontractdr,°Supplier;or = other iildividuaT or entity under workers ' compensation acts; disability benefit'acts,'or other - ernployee benefit acts. a v v C.- 'The indemnification obligations of Contractor under'Paragraph 6.20,A shall not extend to the \ liability of Engineer and Engineer's officers, directors, members, partners, emploees agents consultants and subcontractors arising out of.. MW _ — s 1. the preparation or approval of,or the failure toter pare approve maps;Draings;op�ons� reports,surveys,Change Orders,designs,or Specifications,or 2. giving directions or instructions, or failing to lve them, if that`is the; nmary cause of the J _ injury or damage.; _ r 6.21 Delegation of Professional Design ServicesWEIR A. Contractor will not be required to`provide pr"ofessional design services unless such services ark specifically required by the,Contract Documents for a portion of the Work or unless such serv3c are required to carry out Contractor's responsibilities for construction means, methodn, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. 13. if professional design services or certifications by a,design professional related to systems;31 materials or equipment are specifically required of Contractor by the Contract Documents,Owner and Engineer will specify all performance and design criteria that such services must satisfy Contractor shall cause such services or certifications to�be provided;by; a:properly licensed professional, whose signature and seal shall appear on all drawings;calculations, specifications , certifications, Shop Drawings and other submittals prepared by such; professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others,shall bear such professional's written approval when submitted to Engineer \ C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness o the services,certifications or approvals performed by such design professionals,provided Owner _ and Engineer have specified to Contractor all performance and design criteria that such service rnust satisfy. D. Pursuant to this Paragraph 6.21,'Engineer's review,and approval of design calculations and design' drawings -will be only for the limited. putpnse of checking -for conformance witfi _ performance and design criteria given and the design concept expressed in' the Contract Documents. Engineer's review and approval of Shop-Drawings and other submittals (except ,l design calculations and design, drawings) will be only for the purpose stated in Paragraph EJCDC C-700 Standard General C6ndill6as of the Construction Contract Copyright©2007 National Society_of Professional Engineers-or EJCDC. All rights reserved Page 34 of 62 v E: Contractor"shall nvt be responsible for the adequacy of the performance or design entente -_ required bytontact Documents } e 110 NOW ARTICLE 7—UTIlEER WORK AT ITWHE SITE 7.01 Related Workat SiteMEMO- Jam , - A: Owner may perform other.work related to the Projectate Site uvithwner s employees, or through other direct contracts therefor, or,have other,work performed by utility,owners. If such - other work is not noted in the Contract Documents,then ! - 1'. written notice thereof will be given to Contractor prior to starting any such other work;and r - - 2. if Owner and Contractor are unable to agree on enfit din nerve t to or on amount or extent;f any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work,a Claim may be made therefor as provided in Paragraph 10.05 B. Contractor shall afford each other contractor who is a parry to such a direct contract,each utility owner, and Owner, if Owner is performing other work with Owner's employees,proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work; and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, o 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.The.duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render >f unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper integration with Contractor's Work except for latent defects and deficiencies in such other work _ , 7.02 Coordination A, If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions MOM-_ 1. the individual or entity who w II have au MI and responsibility€or coordination o€the activities among the various contractors will be identified; - = _ 2. the specific matters to be covered by such authority,and responsibility will be itemized,and AM 3. the extent of such authority and responsibilities will be prow ded - EJCDC C-700 standard General Conditions of the Construction'Contract Copyright©2007 National Society of Professional Engineers for;EJCDC.All rightsreserYed Page 35 of 62 - 8 Tnless othe iseprovldedAn t e upplement y�Con it�ons Uwrier shall nave trle;authori `gin :. ty responsibility for such coordination. J __ = vy r 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for i tilities es.hu the n z� of Gwner B Each other direct contract of=Owner under Paragraph 7.01.A shall 'provide that the other contractor is liable to Owner and Contractor for the reasonable direct.delay,and disruption costd- incurred by Contractor as a result of the other contractor's wrongful actions or inactions C. Contractor shall be liable to Owner�n ar--contactor une`r � oaco owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of - Contractor's wrongful action or inactions. - ARTICLE 8=OWNER'S RESPONSIBILITIES 8.01 Communications` ontractor - A. Except as otherwise provided in these General Cgndittons,Owner shall issue all communications to Contractor through Engineer. a 8.02 Replacement of Engineer -------------- Y_ Y A. In case of termination of the employment of Engineer,Owner shall appoint an engineer to who Contractor makes no reasonable obgectzon whose status under the Contract Docaents--shall that of the former Engineer. -- - - 0�0 9.03 FurnishD A. Owner shall promptly furnish the data required of Qwner under the,-Contract Documents Ab - M—A ; 8.04 Pay When Due -, w A. Owner shall make payments to C ntrac or sheriiey are due as pro vi in �arir and 14.07.C. _ _ - IM - - 8.05 Lands and Easements, Reports and Tests = _ _ - A. Owner's duties with respect to providing lands and easements and providing engineering Surveys to establish referencpoints aesefrth inPragah 401 ad4.05:Pp ot Owner's identifying and malting available to Contractor°copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface od subsurface structures at the Site _ IN 0-100-0 NEW W r 8.06 Insurance 92 - _ - ._ 6-5 _ - 29 A. Owner's responsibilities,if any,with respeoprffiasng`ait maintaining liability and pi opei�y__ ; insurance are set forth in Article 5. - - - - EJCDC C-700 Standard General Conditions of the Constt action Contract"" Copyright©2007 National Society of Professional Engineers for EJCDC, till rights-reseed. Page 36 of 62 MM VMS 'MF � 3 � —M 8.07 Change Orders - - M A: Owner is obligated to execute Change Orders as indicated in Paragraph 10.fl= 8.08 Inspections, Tests,'and Aprbvals A. Owner's responsibility with respect to certain hispections, tests, and approvals Is s tt f rt Paragraph 13:03.B. MEN � — 8.09 Lirr itation's on Owners'Responsibilities l` A. The Owner shall not supervise,direct;or have control^or authority over,nor lie respo Bible for? Contractor's means,methods,techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents IM 8.10 Undisclosed Hazardous Environmental Condition 107W _ - A. Owner's responsibility in respect to an undisclosed Fazardous Environmental Condition is set forth in Paragraph 4:06. - 8.11 Evidence of Financial Arrangements T A. Upon request of Contractor, Owner shall furnish Contractor'reasonable evidence that finarici� arrangements have been made to satisfy Owner's obligations under the Contract Documents 8.12 Compliance with Safety Program = - - v A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D ` ARTICLE 9 .ENGINEER'S STATUS DUl[�ING C©NSTRLTCTION— v 9.01 Owner's Representative -� - - 51 A. Engineer will be Owner's representative cons 1 period he—dufies and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents -= 9.02 Visits to Site - � — A. Engineer will make'visits to the Site at intervals appropriate to the various stages of ccinstnactioii ; 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 detennine, in general, if the Work is proceeding in ; accordance with the Contract Documents. Engineer will not be required to make exhaustlue_or - EJCDC C-700 Standard General Conditions of the Construction Contract _ - Copyright©2007 National Society of Professional Engineers for FJCDC. Alt rights reserved: 4 Page 37 of 62' 4 continuous inspections on the$ite to clleckthe quality or quantity of the Work Erigiieez's efi'orls We directed toward pr9)T,mg for Owner a greater degree of confidence that the completed Wore will-confomm generally'�10 the Contract Documents:'On t1Ye basis "of rich fis at�d _ - observations,Engineer will Keep(Owner informed ofthe progress of the Work and.vuill end'teiv to guardOwrler against defeetie Work: B. :Engineer's vis>ts and observations are subj the un�tatlons on eet.5, responsibility Set'forth in'Paragraph 9.09."Particularly;but without linutatio ►,during"or as a result of Engineer's visits or observations of"Co 's Work, Engineer will.not," ery se, direct control, or have authority over or be responsible for Contractor's means, methods, technique sequences,or procedures of construction,;or the safety precautions and programs incident theretaa or for, any, failure of:Contractor to comply with Laws and Regulations applicable to - performance of the Work: - - 9.03 Project Representative A. If Owner and'Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work.The authority and responsibilities of any such Resident Project Representative and assistants will be as provided' in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided n Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee,the responsibilities and authority aria limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions -� ---�- �-,_ 0 -`---mow---_ 9.04 Authorized Variations in WorkMW RM Y = � A. Engineer may authorize minor vana o$s in;the Work ain o e ui PPri on Documents which`do not=involve adjustment in the Contract Price or the'Cto act Times and are compatible with the"design concept of the completed Project as a functioning whole aiz indicated by the Contract Documents. These may be accomplished by a Field Order and will bi binding on Owner and also on Contractor, who shall perform the Workinvolved promptly. I Owner or,Contractor eb6lieveis that`a Field Order justifies an adjustment in°the Contract Puce o Contract Times,or both,and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment; a Claim may be made therefor as provided i Paragraph 10.05, � — � 9.05 Rejecting Defective Work G � A. Engineer will have authority to reject Work which Engineer believes to be defective;or that Engineer believes will not produce a completed Project that conforms to the Contract'Documents or that will prejudice the;integrity of the design concept of the cornpleted`Project as a functiorun whole`as indicated by the Contract Documents. Engineer will, also have authority to require special'inspection`or testing of the Work as provided'in Paragraph 13:04,;whether or not the Work is fabricated,installed,or coletesi �g _ SM EJCDC C-700 Standard General Conditions of the Consiruetion Contract'~ Copyright©2007 National Society of Professional Engineers for .EJCDC, All ts_rrved " r Page 38 of 62 — 9.06 Shop Drawings,Change Orders and: 'ayirtents F A. In connection,with. :E..n ne ?s a�mhori�3s n Limitation s thereof ,as J6 Sho Drawin s and p , g Samples,see Paragraph 617'. M B. hi connection,with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services,if any,see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders,she Art cllees 0 11,and 12 D. In connection with Engineer's authority as to Applications for Payment,see Article 14 - 9.07 Determinations for Unit Price Worl� .- A. Engineer will determine the`actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon(by recommendation of an Application for Payment or otherwise):Engineer's written decision thereon will be final and binding(except - as modified by Engineer to reflect changed factual conditions or more accurate data upon Owner and Contractor,subject to the provisions of Paragraph 10.05, 9.08 Decisions on Requirements of Cent*act Documents a.nd Acceptaball#yl ofYorl Y A. Engineer will be the initial interpreter of the requirements of the Contract Documents and fudge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Worl£; and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work,will be referred initially to Engineer in writing within 30 days of the event giving rise to the question—_ = _ w - _ An B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both,a Claim maybe made under Paragraph I'0.05.The date of Engineer's decision shall be the date 6f the event giving rise to the issues referenced for thEWtW purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor,subject to the provisions of Paragraph 10.05Sk — _ D. When functioning as interpreter and andge under this Paragraph 9 09,Engineer wfil not sFiou� partiality to Owner or Contractor and will not be liable in'connection with any interpretation '- decision rendered in good faith in such capacity. MM AN 0350 NINO _ 9.09 Limitations on Engineer's Authority and Responsibilities = _ - _ A. Neither Engineer's authority or responsibility under thi"s Article 9 or`undei any other proyiston of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract ` Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. 62 Page 39_of a exercise such authority nr responsibility`or the ,undertaking; exercise; or performance of aril =authority or respnnsibihty by Engineer shall create,impose, or give rise to any duty ra eontrae� tort,"or othe wise=owed by Engineer to'Gontractor;ar y Subcontractor any Su her, an} other individual or entity;or to any surety for or employee or agent of any o01 f the B. Engineer will not supervise, direct,'control; or have;=au OM ovei or e respo s o Contrac tor's"means,methods,techniques,segiuences,or procedures of construction;or the safety precautions and programs incident thereto,or for any failure of Contractor to,comply with Laws and Regulations applicable to the performance of the Work Engineer will not he resporblfor Contractor's failure to perform the Work in accordance with the Contract Documents Mw- C. Engineer will not be responsible for the acts or omissions of Contractor or of any 5uljcontractor} any Supplier,or of any ether individual or entity performing any of the Work D. Engineer's review,of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their=content complies with the 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;9 09hall also app to the Resident Project Representative,if any,and assistants,if 9.10 Compliance with Sgfiety;program A. While at the Site, Engineer's employees and representatives haXlnply withe specific applicable requirements of Contractor'9ssafety programs_ £which Engineer has been informed , pursuant to Paragraph 6.l3:D ARTICLE 10—CHANGES IN THE WORK; CLAIMS v MIN 10.01' Authoriked Chdnges in the Work A. Without invalidating;the Contract and without notice to any surety,'Owner may,'at any tune o from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such,document, Contractor shall promptly proce with the Work involved �vbich will be"performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent,tf any of an adjustment in'the Contract Price+or Contract Times, or both; that should be allowed as _ result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. - - IMMOMw ERRO y - — - � - =EJCDC C-700 standardGenerai Con�idons of the ConstructionContraM " Copyright©2007 National Society of Professional Englneers for EJCDC. All rights reserved.- Page 40 of 62 - - F -�EMN Roam 10.02 Unauthorized Changes hi the Wor"I A. Contractor shall not be.entitled.,to-man increase in .the Contract Price an extension of the Contract Times with respect to:any. work performedthat is not required by the Contract Documents as amended,modified;or supplemented as provided in Paragraph 3.04,except 1n the case of an emergency as,provided in `Paragraph 616 or 1n the case of,uncovering W_ork_as provided°in Paragraph 13.04;D. MINES e -_ 10.03 Execution of Change Orders - - A. Owner and Contractor shall execute appropriate Change Orders recommend d by_Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10:01.A, (i) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09,or(ii)agreed to by the parties; - 2. changes in the Contract Price or Contract Times which are agreed to by the parties,including N any undisputed sum or amount of time for;Work actually performed in accordance with a_ Work Change Directive; and - _ - - 3. changes in the Contract Price o Contract Tir ies which=ernbody the sit st ce`of any=wntten decision rendered by Engineer pursuant to Paragraph, 10.05 provided that, in lieu of executing ;any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and- Regulations,but during any such appeal,Contractor shall parry on the Work and adhere to the MUM _0 Progress Schedule as provided in Paragraph b 18 A_ =- M - = - - - - 10.04' Notification to Surety A. If the provisions of any,bond require notice to be given to a'surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times),the giving of any such notice will be Contractor's responsibility.`The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims - A. Engineer's Decision Required All Claims, except those waived pursuant to Paragraph 14 09? shall be referred to the Engineer for decision. A decision by Engineer shall be required as 6- condition,precedent to any,exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. E. Notice:Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event I er than 30 days)after the start of the event giving rise thereto.The responsibility to substantiate a Claim shall rest witfi the party making the'Claim Notice of the amount or extent of the Claim,;with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC.Alt rights'reserved Page 41 of 62 shall be:deliyered to the Enguieer and the other party to'tlie Coritractwithin 66 daps after the sir► of such'event (unless Engineer allows additional tune for claimant to submit additional or mo accurate date in support pf such Clam). A Claim for an acljustrnent�n Contract l'nce shall b � , prepared in accordance with the provisxoris of Paragraph 12 0 B A Claim fqr an adjustment ii Contract Times shall=be prepared in accordance with the provisions of Paragraph 12.Q2:B Each Claim shall be`accompanied_by claimant's written statemez t hat die adj tment=claimed is, entire adjustment to which the claimant believes=its entitled as"a"result of said event Thy opposing party shall submit any response to Engineer;and the claimant'within 30 days after receipt of the claimant's last submittal(unless'Engineer allows additional time) = _ C. Engineer's Action: Engineer will review each Claim and,within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of thn following actions in writing: N _ 1. deny the Claim in whole or' n part, _ 2. approve the Claim,or 3. notify the parties that the Enguieer is unali7e to er solve tie Claim theiigineer s sole " discretion, it would be inappropriate for the Engineer 'to do so. For purposes of further resolution of the Claim,such notice shall be deemed a'denia - a D. in the event that Engineer does not take action on a Claim within said 30 dais,the Claim shall bi deI'lemed denied. l E. Engineer's written action under Paragrap�� for n a1 puns o aragrap &s or 10.05.D will be final and binding upon' Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action o denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted ii accordance with this Paragraph 10.05. ARTICLE 11—COST OF T`HE WORK,ALLOWANCES;VNIT PRICE WORK mz 11.01 Cost of the Work _ - - � v A. Costs Included. The term Cost o the Wow e s the sum of a�lI costs,except those exc�Iudezii _ Paragraph 11.013, necessarily incurred and paid by Contractor in the proper perfcrmanee of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is defemiirted'on the basis of Cost of the Work, the costs to be reimbursed to Contractor will:be'only those additional or"incremental costs`required because of _ the change in the Work or because of the event giving rise to the Claim.Exceptas otherwise may be agreed to in writing by.Owner,such costs shall be in amounts no higher than those prevailing in the Locality of the Project,shall notinclude any of the costs itemized in Paragraph 11.013,and shall include only tlie`following items - EJCnC C-700 Standard General Conditions of file Conslruction'Contract 4 - / Copyright O 2007 National Society of Professional Engineers for EJCDC. All ngfifsreserved.- Page 42 of 62 = _ 43 ------------------ 1. Payroll costs for employees in the direct employ of Contractor In the performance of t Work under schedules of job classifications agreed;upon:by C?wner and Contractor. Such employees shall include, without limitation; superintendents;foremen, and other personnel Mwt employed:full tune on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their tune spent on the Work. Payroll costs shall include,but not be limited to, salaries and wages plus the cost of fringe benefits,which shall include social security `contributions; ;unemployment; excise, and payroll taxes; workers' compensation;health and retirement benefits, bonuses, sick leave; vacation and holiday pay, applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday,or legal holidays,shall be included in the above to the extent authorized byJR Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in conneetton therewith. All cash discounts shall accrue to Contractor unless,Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner.All trade discounts,rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, alid Contractor shall make provisions so that they may be, obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,who will then determine,with the advice of Engineer,which bids,if any,will be acceptable.If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01 4. Costs of special' consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants)employed for services specifically related to the Work. Ng HUM 5. Supplemental costs including the following: _ = a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work M b. Cost, including transportation and maintenance, of all material supplies, equipment,- machinery, appliances, office, and temporary facilities at the.Site, and hand tools not _ owned by the workers, which are consumed in the performance of the Work, and cost, _ less market value, of such items used but not`consumed which_remasn the property of _, Contractor. W5 M - a c. Rentals of all construction equipment and machinery,and tli parts thereof whethe renfed from Contractor or others in accordance with rental agreeimnts approved by Owner with_ the advice of Engineer, and the costs of transportation, loading, unloading, assembly;- dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C•700 Standard General Conditions`ofthe Construction Contract J Copyright©2007 National Society of Professional Engineers for EJCDC.'All rights reserved: Page 43 of 62 ME said rental,agreements The rental of any such equipment, macn � h oase when the use thereof is nolonger necessary for the Work .. _ d. .Sales, consumer,; use, and other siniiiI taxes related to the`Wank, and for which Contractor is liable as unposed-by I aws-andReguladons e. :Deposits lost for:causes other:than negligence°of Contractor, any Subcontractar�- anyone directh indirectly employed by=any of their or for whose acts and of them may be liable;and;royaltypayments and fees for penznits and licenses _ f. Losses and damages (and related expenses) c—a s by"image to"the ory, not compensated by insurance or otherwise, sustained by-Contractor in connection with the performance of the:Work (except josses I and damages within the deductible amounts of :property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages.have resulted-from;causes;other than the negligence of Contractor any Subcontractor,or,anyone directly or indirectly employed by any of them or for who acts any of them,may be,liable. Such losses shall include'settlements made with tle- written,consent and approval of Owner. No such losses, damages,.and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities;fuel,and sanitary facilities at the Site - h. Minor expenses such as telegrams,jong distance telepbone calls,telephone service at the Site, express and courier services, and,similar petty cash'items in connection with th-- work. Ada- � - i. The costs,of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain _ B. Costs Excluded:The term Cost of the Work shall not inc lade any of the following itemsARM 1. Payroll costs and other compensation of Conl�actor's officersa^execu i�s prince iaZs partnerships and sole proprietorships), general managers, safety,,managers, engineers architects, estimators, attorneys, auditors, 'accountants, purchasing and contracting;agents expediters, timekeepers, clerks, and other personnel employed,by:Contractor, whether at the .Site or in Contractor's principal or,branch office for general administration of the Work and v not specifically included'in the agreed upon schedule of job classifications ;referred to in Paragraph`11.O1:A:i or specifically covered by Paragraph 1 LOI A.4, all of which are to b _ considered administrative costs covered by the Contractor's fee 2. Expenses of Contractor's tprincipal an ranch�fficesg #hgn than ontractor ffice at the Site, - 3. Any part,,of Contractor's capital expenses," mluding\interest~an Contracctor's/capital employed for the Work and charges against Contractor for delinquent payments= 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of their m be liabe, ncluding but riot EJCDC C-700 Standard General Conditions aY the Conshuction Cow act Copyright O 2007 National Society of Professional Engineers for EJCDC._All rights reserved -- Page 44 of 62 M-_�= " ' .limited„to, the correction of defective Work, disposal.,of nxater�als,or egoipmenf uvrong j supplied,and rnaking:goad any damage to pr©perty: 5. Other overhead or general expense costs of any kind and the costs oy lterr�nat specifically and expressly included in Paragraphs 11:01:A _ a C: Contractor's Fee: When all the WO k is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth'in the Agreement.'When the value of:any'. covered by CUM Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work,Contractor's fee shall be determined as set forth in Paragraph 12.0 1 C D. Documentation: Whenever the Cost of the Work for any purpose is to be,deternnined pursuant to Paragraphs 1 LOLA and 11.01.13, Contractor will establish and maintain records thereof u accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data - 11.02 Allowances A. It is understood.that Contractor has included in the Contract Price all allowances so named in the - Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner,and Engineer Ed B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Conttractor Mess any"apphcal l�trade discounts}tz materials and equipment required by the allowances to be delivered at the Site, and alI applicable taxes;and _ - - b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit,and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing:will be valid. - C. Contingency Allowance: 1. Contractor agrees that a'contingency allowance,if any, is for the sole use of t?wner to covet unanticipated costs. _ D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor,on account of Work cowered by,allowances, and the Contract Price shall be correspondingly 11.03 Unit Price Work rimamm S NE R _ A. Where the Contract Documents provide that all or part of the Work U Co' i Tnit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard Genera!Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved - Page 45 of fi2,,, the ;sum`of=the unit price:for each separately identified item of U ce.:Woh estimated quant%tp of oach' teni as indieatec iri``the=Agi eon ent - =__ E , s- r. B: The;estim ated qIBM uantities of iw s;;of Unit Price Work are riot guaranteed and are solely for the purpose of comparison of Bins and deterniining an initial Contract Price.Determinations'of the actual quantities and classifications of Unit price Work performed by Contractor will be made'by - '�., Engineer subject to the pzo!islons`r�f Paragraph 9 07 _ C. Each unit price will be deemed to include an amount considered'by Contractor to be adequate t cover Cofitraad e soyerhead`and profit for each separately identified item D. Owner or Contractor may,rnake a Ciaiin fo n^a ju n ink on ar nc iri a oritanc _ with Paragraph'10:05 if: the quantity of any item of Unit Price Work performed by Contractor differs materially_and = significantly from the estimated quantity of such item indicated in the Agreernen�and` Ag =_ 2 " there is no corresponding adju-sk— witfi re"s"speet -o any other rtem of work;and 3. Contractor believes that Contractor is entitled to an increase in Contract Price'as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in _ Contract Price and the 1partie§ are unable to agree as to the amount of any such increase or MUM- decrease. ARTICLE 12—CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIME 12.01 C4nge of Contract Price A. C tract ce may y be c ged by a€'hangs y Clairii f adu rat rn Y Contract Price shall be based on written notice submitted by the party making the Chun to the Engineer and the other'party to the Contract in accordance with the provisions of Paragraph 1Q05. B. The value of any Work covered by a Change Order or of any Claim for an austment in the Contract Price will be determined as follows v 1. where the Work involved is covered bytinl-prices contain ff e Co act Documents % application'of such unit prices to,the quantities of the items involved (subject to the provisions of Paragraph 11.03) 2. where the Work involved is not covered by unit prices contained Jin the Contract Documents by ami tually agreed lump sum(which-may include an allowance for overhead.and profit now necessarily in accordance with'Paragiaph 12.01:C.2),or 3. where the Work involved is not covered by unit prices contained in the'Contract Documents_ and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (deterrned as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.6 _ - - EJCDC C-700 Standard(;ens l C•oncUtion§ ie+�onslnittiori Coniract _ Copyright©2007 National Society of Professional Engineers far EJCDC. All rights:reserved.- age 46 of 62 - _ MER C. Contractor's Fee: The Contract©r's fecee fc r overhead and profit shall be detemuned as follows 1: a mutually acceptable fixed fee,or 2: if a fixed fee is not agreed upon,then a fee based on`the following percentages of the vanous portions of the Cost of the Work ��� w 22 a for costs in under Paragra „ 11.01 1 an T101 A.2, theonfraetor's fees al ., be 15 percent, b. for costs incurred under Paragraph 11.01.A 3,the Contractor's fee shall be five percent, c. where one or more tiers of subcontracts.are on the basis oCost of the rk plus a fee and 'no fixed fee is of agreed upon, the intent Paragraphs 12.0l.C.2.a and 12.01.0 2 b i that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01 A 1 " and 11.01.A.2 and that any higher,tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor, w d. no fee shall be payable on the basis of costs itemized and"er Paragraphs f1.Q1 A 4 11.0I.A.5,and 11.0LB e. the amount of credit to be allowed by Contractor to Cwner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease= and �� �-�- > - - f. when both additions and credits are involved in any one cIiarige, thedjiastinent n Contractor's fee shall be computed on the basis of the net'change in accordance with Paragraphs 12.01.C.2.aMEN through 12.t?1.C:2.e;inclusive. 12.02 Change of Contract Times = =� A. The Contract Times may only be c- a=Change Orden.any Claret or aird3usfinent ui the Contract Times shall be based on written notice submitted by the party making,the Claim t the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. _ _ _ _ B. Any adjustment of the Contract Tirnes covered by a Change Order or any Claimer at adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. M _ I- �� 12.03 Delays - A. Where Contractor is prevented from completing any part of the Work within the Contract Time due to delay beyond the control of Contractor,the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to,:acts or EJCDC C-700 Standard General Conditions of the Construction ContracE Copyright O 2007 National Society of Professional Engineers for EJCDC.All rights reserved. rPage 47 of 62 e _ _ _ === - ne lect b O t g y wrier, acts or neglect of utility owners or other`cointractors performing other work a contemplated by Article 7,fires,floods epidemics,abnormal weatherconditions,or acts of Clod B: "If,OWner,Eng'meer, or other contractors or utility owners performing other work`for Owner as contemplated by"Article`7,` or anyone`for uvhom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work,-then Contractor shall be entitled to an N equitable adjustment In the `Contract Price or the. Contract Tithes, or both: Contractors entitlement to an adjustment of the Contract Times is=conditioned'on such adjustment being essential to Contractor's ability to complete the Work wttlunh�Coniract Tunes _ - C. If'Contractor is delayed in the performance or'progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or,other causes not the-fault of and beyond control of Owner and Contracto% then Contractor shall be entitled to an e ,rtablP adjustment inContraet'1'imes,if such adjustmer* is essential -to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remed}� fir he �ie�ays describbed=-�n_ths \ Paragraph 12.03 C, _ - _ D. Owner,Engineer,and their officers,directors,members;partners,employees,ageris,consultants, or subcontractors shall not be liable to Contractor for any claims, costs; losses, or damages (including but not limited to all fees and charges of engineers, 'architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)sustained'by Contractor on or in connection with another ro'e t or anticipated project w E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay- within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control bf Contractor. ARTICLE 13-TESTS AND INSPECTIONS;CORRECTION,REAMN OY -OR ACC TANCE O DEFECTIVE WORK = - _ = AM M WIN 13.01' Notice of Defects - A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will b jyeii to Contractor. Defective Work may phe rejected; corrected, or accepted as proI'llvided in tht Article 13. 13.02 Access to Work A: Owner, Engineer, their consultants id oth�representative nd�ersnne (Jwet independent testing laboratories, and governmental agencies with jurisdictional interests wild have access to the Site and the'W ork at reasonable times for their observation, inspection, and testing: Contractor shall provide them proper and safe conditions for such access and advise the" of Contractor's safety procedures and programs so that they may comply thereutith as applicable EJCDC C-700 Standard General Conditions of1Teonslruction ontiacl"" - Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.:= Page 48 of 62 — - _ - IN- 5-0 -�- 13.03 Tests and Ins eetions - d� A: Contractor shall:give Engineer timely notice of="readiness of tiie Work forall required inspections, tests, or approvals and shall cooperate uvith inspection anii testing personnels facihtate required :inspections or tests. JIM M M— B."Owner shall employ,-' pay for the services of an ilidependent testing laboratory to perform all inspections,tests,or approvals required by the Contract I3oeumelts except: 1. for inspections,tests,or approvals covered by Paragraphs 13.03.0 and 13.03.D below;= 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04 B shall be paid as provided in Paragraph 13.04 C,and >= - - =-s v 3. ,as otherwise specifically provided in the Contract C. If Laws or Regulations of any public body having jurisdiction require any Work(or part thereof} - specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such - inspections, tests, or approvals,pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approvals D. Contractor shill be responsible for arranging and obtaining and shall pay all costs in cor�nect�on with any inspections, tests; or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance s;of materials,mix design or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections,tests,or approvals shall be performed by organizations acceptable to Owner and Engineer. — - E. If any Work (or the work of others) that is to be inspected; tested, or approved is coverers by Contractor without written concurrencfEngi , Contract sl�all,,Jfsequested byyEngineer uncover such Work for observationu F. Uncovering Work as provided in Paragraph 13 03.E'shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and - Engineer,has not acted with reasonable promptness in response to such notice `e - 13.04 Uncovering Work i _ A. If any Work is covered contrary to the written request of Engineer, it must; if requested by - Engineer,be uncovered for Engineer's observation and replaced at Contractor's expense. g _ B. If Engineer considers it necessary or advisable that covered Work be,observed by Engineer or inspected or tested by others, Contractor, at ;Engineer's request, shall uncover, expose, or otherwise make available for observation,'inspection, or testing as Engineer may require, that portion of the Work in question,furnishing all,necessary labor,material,and equ�ment - - - EJCDC C-700 Standard General Conditions of the Construction Contracf Copyright©2007 National society of Professional Engineers for EJCDC.All rights reserved: Page 49 of b2+ C. If t is found that th"'uncove-ed Work is,defective, c�ntractor,shall pay°all claims; costs,losses and damages(lrlcludng but not hrnited to all fees and charges of engineers;`architects, ttomeys, - art other professionals and all court or`arbitration or other dispute resolution costs}ansim out,of esfigd reatinosuhu e rvispecti�n,andtorlg n � ,o n of satisfactor y replacement or reconstruction (including but not hlnited to all costs of repair or replacernient o NY& of others), and Ox�ner hall be entitled`to wn appropriate decrease in ahe Contract Puce I the parties are unable=to agree as to the':amount thereof;Owner may make a Chun therefor ate- v provided,m Paragraph 10.45 w w D. 'If the uncovered Work is not found'to be defective,Contractor shall be allowed an in m the Contract Price or an extension of the Contract,Times, or both, directly attributable to such uncovering, exposure, .observation, inspection, testing, replacement, and reconstruction If the parties are unable to agree ;as to the amount or extent thereof, Contractor may make a Claim f idea n.,..., r ,.t, 14 45 - _ -erel Vr ail�lrV"J1LLVll ill 1 4LL Gigl allil 1 -��� MNN y 13.45 Owner May Stop the Work _ A. If the Work is defective, or, Contractor fails to supply sufficient skilled workers or swtablt materials or equipment,or fails to perform,the Work insuch a"way that the completed or will conform to the Contract Documents, Owner may older Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated;however, this right of Own er to stop the Work shall not give rise to any,duty on the part of Owner to exercise=this right for the benefit of Contractor ,any Subcontractor,` any. Supplier, any,other individual ,entity, or any surety for,or employee or agent of any of them: 13.06 Correction or Removal of Defective Warp A. Promptly after receipt,of written notice, Contractor shall correct all defective Work, whether not fabricated, installed, or,completed, or,ifthe Work has been rejected by Engineer, remove its _ from the Project and replace it with Work that:is not defective. Contractor shall pay all claims- costs, losses, and damages (including bnt not linuted to all fees and charges of engineers architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such correction or removal(including but not"llmite to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph; 13.06 or Paragraph 13 47 Contractor shall take no action that would: id or�othernsT�er stcial waarra ttnd guarantee,if any,on said Work — - 13.47 Correction Perir�d = y A. If within one year after the date of Substantial Completion (or such]ongerperiod of time as may s be prescribed by the,, terms of any appli'able special guarantee,required vy the Contract I)acuments),or by any specific provision;.of the Contract Documents, any:Work is found to b defective,;or ifthe repair-of any,damagesto the land or areas made available'for Contractor's use~ , by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found try be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: ETCD(C-700 Standard General Con'hons ofihe Consfrnc6onolalract - Copyright©2007 National Society of Professional Engineersror_ DC�ll n`gIds sserya Page50 of 62 - - J. repair such defective land orareas;or - ; �- 2. correct such defective Work;or, 3. if the defective Work has been rejected by Owner,remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily corrector repair or remove and replace any damage toto other Work;to the world of others or other land or,areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an " \ emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims,costs,losses, and damages (including but not limited to all fees and charges of engineers,= - architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. _ C. In special circumstances where a particular item of equipment is Placed"in continuous service. before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07,the correction period hereunder with respect such Work will be extended for an additional period of one year after such correction or-re y I and replacement has been satisfactorily completed Man M E. Contractor's obligations under this Paragraph 13.07 are in addition to any oth r oblrgatiot�or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose 13.Q8 Acceptance of Defective Work = - � _ A. If, instead of requiring correction df removal and replacement ©f def ce ve Work;Owner (and prior to Engineer's recommendation of final payment,Engineer}prefers to accept it, Owner may do so. Contractor shall pay all claims,costs,losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept,such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price,reflecting the diminished value of Work so accepted If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as _ provided in Paragraph 10.05.If the acceptance occurs after such recommendation,an appropTI amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved: Page 51 of 62 x a � � 1.3.09 Owner May Correct Defective Worms- - - A k If Contractor fad s within a reason t able une after wntten otic Engineer t won ect clefectiv Work, or to remoue ann replace rejected Work,as required by Engineer in accordance with=- = Paragraph 13 Qo A,or if+Contras or fails to perfq the Work in`accorc mice with"the Contract Documents,orif Contractor fails to comply with any either prcvsion of the Contract Documents Owner"znay,after seven slags written notice tor,to Contrac correct,or remedy any such deficiene B. In exercising the rights and remedies under "this Paragraph 13A9; Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner,may exclude Contractor,from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances 'construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which.Owner'has paid' Contractor but which are stored'--- elsewhere'. Contractor shall allow Owner,' Owner's 'representatives, agents and employees; Owner's other contractors, and Engineer.and Engineer's consultants access_to the�rte to-enable _ � _ Owner to exercise the rights and remedies under this Parag. C. All claims, costs, losses, and damagesineluduig but not limited to all fees and "charges o engineers, architects, attorneys, and'other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedied under this Paragraph l 3.09 will be charged against'Cofitracior,and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may,make a Claim therefor as provided ii Paragraph 10.05. Such claims, costs, losses I and damages will include but not be jimited to a1 costs of;repair,or replacement of work of others destroyed or damaged by correction,removal,o r , nlnt of 's ftive W 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 lzy Owner of Owner's its and remedies under this Paragraph 13.09. µ _ _ y _ a ARTICLE 14—PAYMENTS TO CONTRACTOR CAL - 14.01 Schedule of y4lues _ v ti 21 --A. The Schedule of Values established as provided 1n Paragraph 2.07.A will serve as the basis fbi progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units=- completed. 14.02 Progress PaymentsA. Applications for Payments. T 1. At least 20 days before the date established in the'Agreernent for each progresspayment(bud not more often than once a month), Contractor shall submit to Engineer for review any EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional EnOneers for EJCDC. All rights reserved. Page 52 of 62 IBM IMMUNE MEM Application for Paymentfilled out and signed by Contractor covering the Work completed as of the date of the Application and,accompanied by such supporting ,documentation as is required by the Contract Documents:If payment is requested on the basis of materials and equipment not"incorporated in'the Work Uut delivered and;stiiitably stored at the Site or ate another location agreed to in writing,the Application for Payment shall also be accompanied by a`bill of sale,invoice, or other documentation warranting that Owner has received the materials and.equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other atrasigements to protect-------------- Owner's interest therein,all of which must he satisfactory to Owner. 44 2. Beginning with the second Application for Payment; each Application shall include an _ affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment �w 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications = - - 1. Engineer will, within 10 days after receipt of each Application for Payment,either"indicate in writing,a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recomrnendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner,'based on Engineer's observations of the executed Work as an experienced and qualified design: professional, and on Engineer's - review of the Application for Payment and the accompanying data and schedules,that to th&2. best of Engineer's knowledge,information and belief = a. the Work has progressed to the point indicated, = b. the quality of the Work is generally in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a ; final determination of quantities and classifications for Unit Price Work under Paragraph 9.07,and any other qualifications stated in the recommendation},and - " c. the conditions precedent to Contractor's being entitled to such payment appear to have - been fulfilled in so far as it is Engineer's responsibility'to,observe are = 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, of EJCDC C-700 Standard General Conditions of the Constrac6on Contract l Copyright©2007 National Society of Professional Engineers for;EJCDC.,All rights reserved.. Page 53 of 62 involved detailed inspections of the :Work.;b s�'ifial z assigned to Eng�rieer to the`Contract T3ocuments,or r w ME 75 b: there:may not be other matters or� sates;between the'part es'that lrug t entitle Contractor to be paid:additionally by bwrter or entitI&Owner to withhold payment to Contractor - _ 4. N`either Engineer's review of Contractor's:Work;for the`purposes of recommending payments nor:Engineer's recommendation oly pnent� ancludan finalent, will Ym responsibility on Engineer _ - - a, to supervise,direct;or control then cy or b, for the means, methods, techniques, sequences, or prm-*6dwes construction,gar the safety precautions and programs incident thereto,or c for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work,or -_ - - d. to make any examination to ascertain how or for__what,purposes Contractor has used the moneys paid on account of the Contract Price,or _ e. to determine that title to any.of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer' opinion, it would be incorrect to make the representations `to Owner stated in Paragraph,14,0 .B.2:Engineer may also refuse to recomin6nd,any such payment or,because Of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revok lyparecommendationpr avrou y n oe to,such tent as may b necessary in Engineers opinion to protect Owner from loss because a the Work is defective, or completed Fork has been damaged., requiring correction o replacement; _t _ _ b. the Contract Price has been reduced by Change Orders c, Owner has been required to correct defective Work plete Work in ac�rdance w�tF _ Paragraph 13.09;or - d. Engineer has actual knowledge of the occurrence of any of the events enumerated nr Paragraph 15.02.A. _ 4 RE C. Payment Becomes Due: v" - - - l. Ten days after presentation of the Application for Payment`°to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions_of Paragraph 14.02.D)become due,and when due will be paid by Owner to Contractor _ --OR Ra- EJCDC C-700 Standii general Conditions of the 6ifi uetiori oAoict Copyright®2007 National Society of Professional Engineers for EJCDC. Ali rights reserved of 62 Page 54 _ M1 D. Reduction in" ayment 1. Owner may refuse to make payment,of the full amount recommended by Engineer bccaus a. claims have been made against Owner on account of Contractor's perfaimance of furnishing of the Work; WIN 0 _ _ b. Liens have been filed��n connectloi with the Work,`except where Contractor has delivered a specific bond satisfactory to Owner to`secure the satisfaction and dischargeof such liens; _ _ AM A 0 - c. there are other items entitling Ownez to a set-off against the amount recom�tnendeci,or d. Owner has actual knowledge the acerrericeT of_:any of the=tints-enumerated ui Paragraphs 14:02.B.5.a through 14.02.B.5.c or Paragraph 15.02 A 2. If Owner refuses to make payment of the full amount recommended by Engineer,Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such, action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any, adjustment thereto agreed to by Owner and Contractor,when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement- 14.03 Contractor's.Warranty of Titk f A. Contractor warrants and guarantees that title to all Work,materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, willpass to Owner na _ later than the time of payment free and clear of all Liens- �— G _r 14.04 Substantial Completion A. When Contractor considers the entire Work ready,for its intended use Contractor shall notify Owner and Engineer'in writing that the entire Work is substantially complete {except for item specifically listed by Contractor as incomplete} and request that Engineer issue a certificate of Substantial Completion. _ � wM - - 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+wlll notify Contractor in wni�ng giving the reasgns- Boom therefor. ME _ _ C. If Engineer considers the Work substantially complete,Engineer will deliver to Owneiatentatlue certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction ContracE Copyright O 2007 National Society of Professional Engineers for EJCDC.+An rights reserved Page 55 of 62' final payment: Owner.shall have seven days after receipt of rite tentative certificate during which ; . to make written objection to Engineer as to any provisions of the certificate or attached list: after °eonsidenng such objections, rigineer �conlules that the:'Wor -is-no : t substantially complete, Engineer will, within l4 days after submission-6 the tentative certificate`to Owners notify `Contractor in writing, stating the reasons therefor: If, after consideration of Owner's objections; Engineer considers.:the Work substantially comp7ete,'Engineer will, within said:14 days; .,execute and=deliver to Owner'and Contractor a' definitive certificate of Substantial Completion (tivith a revised tentative list of items to`lie completed or corrected) reflecting such changes from the tentative certificate as sneer believes us ed> r aconsideratio"n-L ny' objections from Owner. ONE MMVHIM v = % D. At the time of delivery of the tentahue certificate of Substantial Completion,Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending finall payment between Owner and Contractor wits -respect to secutity,operation, safety, and protection of the 'Work, maintenance, beat, utilities, insurance, and warranties and guarantees. Unless Owner and"Contractor agree otherwise in'writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion,Engineer'__$ aforesaid recommendation will be binding on Owner and Contractor until final payment E. Owner shall have the right to e clu�c eo�fraetor from the Sif�after t�ie�afE o Shim Completion subject to allowing 'Contractor reasonable access to remove its property and complete or correct items on the tentative list - 14.05 Partial UtilizationIBM- Yn A. Prior to Substantial Completion of all e ork,Owner may use or occupy any su Stantiall completed part of the Work which has specifically been identified in the,Contract Documents,of which Owner,Engineer and Contractor agree constitutes a eparatel functioning and- which of the Work that can-be used by Owner for its intended purpose without significant interference with Contractor's performance of the remauider of the z ubUlect o h�£czllo jn ondirion I. Owner at anytime may request Contractor in writing to permit Owner to use or occupy any such part of the Work which'Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part,of the Work is substantially complete Contractor,Owner,'and Engineer*Al;follow-the:procedures of Paragraph 14.04.A through] for thatpart.of the Work. ; _ 2. Contractor:at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for'its intended use and substantially complete and reques- 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 shah make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner.alid Contractor in writing giving the reasons therefor. If Engineer considers that par- of the Work to be substantially complete, the provisions of Paragraph l4 04 will apply witk respect to certification of Substantial Completion of that part of the Work and the division o -= responsibility in respect thereof and access thereto. - EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.-: = Page 56 of 62 i 4. NNo use or occupancy;ox separate operation of part o tGh-eWork may occur pnor to compliance with the requirements p f Paragraph 5.10 regarding property insurance A - 14.06 Final Inspection, A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete,Engineer will,promptly made a final uispection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals tY►at the Work is incomplete or defective: Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies = l 14.07 Final Payment - A. Application for Payment - 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections---- identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds; certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make_ application for final payment following the procedure for progress payments 2. The final Application for Payment shall be accompanied(except as previously delivered)by a. all documentation called for in the Contract Documents,including but not limited to evidence of insurance required by Paragraph 5.04 B 6, b. consent of the surety,if any;to final paynTent, _ c. a list of all Claims against Owner that Contractor believes are unsettled,and d. complete and legally effective releases Yor waivers (satisfactory to Owner)of all Lien rights arising out of or Liens filed in connection with the Work - 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved = by Owner, Contractor may furnish receipts,or releases in full and an affidavit of Contractor that; (i) the releases and receipts include all labor, services, material, and`equipment for ; which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner 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 B. Engineer's Review of Application and Acceptance w 1. If, on the basis` of Engineer's observation of-tlie Work-duvig construction and final - inspection and Engineer's review of the final Application for Paympnt and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC.''All rights reserved. Page 57 of 02 _ :tioeuentation:as required by the Contract Documents, Engneer iss satisfied that the.Wore has been completed acid Contractors otheobhgations'tinderthe ContractDocumer%tsha ------------- been fu1fi11ed Engineer will, within ten days after receipt ©f the,'final Application;"for Payment, indica#e in writing Engineer's recornniendation of payment and present tbir Application for Payment to Owner far payment. At the same time Engineer will also gives written notice to Qweer and Contractor that the Work is acceptable sixl ject to the provision=� of Paragraph; 14 09: "`Otherwise, Engineei will 'return the Applicatio for Payment to = Contractorr; indicating in writing the reasons for refusing to recommend final payment; in which case Contractor shall make thenen nary correctisins and esubni AhApplication for _ C. Payment Becomes Due _ ZThirty days after the presentation' to i wrier of the Applicat;on fo payn,Pnt an accompanying documentation,the amount recommended by Engineer,less any sum Owner i entitled to set off against Engineer's recommendation,including but n t limited to liquidated damages,will become due and will be paid by Owner to Contractor v 14.08 Final Completion Delayed U - A. If, through no fault of Contractor,final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted., If the remaining balance'to be held by Owner for Work. not fully completed or corrected is Tess-than the retainage stipulated in the Agreement, and if bonds have been furnished,as required in Paragraph 5':Ol,the written consent of the surety to the payment of the balance due for that portion of the Work fully completed,and accepted mall be siib Contractor to Engineer with the Application for such payment. Such payment shall be made_ - under the terms and conditions governing final paymen � e t that I shall not on5t�tute p _ waiver of Claims. - = _ _ - ROL- 14A9 Waiver of Claims A. The making and acceptance,, final payment will constitute _ M 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing,after final inspection pursuant to;Paragraph 14 06 - from failure to comply with the Contract Documents or the terms of any special guarantees specified therein,or from Contractor's continuing obligations under the Contract Documentsr and 2. a waiver of all Claims by Contractor against Owner other than those previously made i> accordance with the requirements herein and expressly acknowledged by Owner m wnti still unsettled - _ - -EJCDC C-700 Standard General Conditions of the Coostraclion Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 _ _ ARTICLE 15 SUSPENSION OF!Wt�RK ANI)TERMINATI©N .15.0 1. Owner May7 PIE Suspend Work - A. At:any time and without cause,ONivner may suspend the Wo&Or any portion thereof for a period of not more than 90;cori"secutrve days by notice in writing t©Contractor,and Engineer which will the date on wlueh work will be its Contractor shall resume the.Work on-the date sow fixed. Contractor shall be granted an adjustment in Ahe Contract Price or an extension of th =� Contract Times,or both,directly attributable to any,such suspension if Contractor makes a Claim 3 therefor as pro�iciedin Paragraph 10 05 _ N 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination far cause 1. Contractor's persistent failure perform' the Work in accordance with the Contract - Documents (including, but not limited to, failure to supply sufficient skilled workers or - suitable materials or equipment or failure to adhere to the Progress Schedule established A M under Para a li 2.07 as adjusted from lime to time pursuant to Para a h 6 04 I p J `P grap 2. Contractor's disregard of Laws or,Regulahoi s of any public,q y aymgg Junss-ction, 3. Contractor's repeated disregard of the authority of Engineer,or _ h 4. Contractor's violation in any substantial way of any provisions of the.Contract Documentsr B. H one or more of the events identifik :zn Paragr p� �A occur, weer may, after giving Contractor (and surety) seven days written notice of its intent,to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession,of the Work and of all Contractor's `tools;appliances;construction equipment, and machinery at the Site;and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass 6 conversion)• 2. incorporate in the Work all materials and equipment stored at the Site or for�which Owner has paid'Contractorbut which are stored elsewhere,and " _ — IRK 3. complete the work as Owner may deem expedient.— l v = C. if Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment,until the NV©rk is.completed. If the unpa d,balance,,of th6 Contract Pnc� exceeds all claims,costs;losses;and damages(including but not limited to all fees'and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or,other dispute resolution casts) sustained by Owner arising out of or relating to completing the work; such excess will be paid to Contractor. If,such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contrac(7 - - — - Copyright O 2007 National society of Professional Engineers for EJCDC. All rights reserved.- Page 59 of 62 r so approved :by Engineer, incorporated xn a Changew Order When exeicising;`any rights" remedies uncler this:Paragraph,;Owner shall not be reguuedtito obtain 77 theme lowest rice far th Work performed: D;'Notwithstanding Paragraphs l 5 02.E and°15 0 C,Contractor's services��n nor e ertnina Contractor begins within seven days ofreeerpt of notice of intent to-to,nnlnate to cored its failure to perform and roceeds dili entl 'to cure such failure within no snore than:=30 da s`of recei t p g ' y p saki not>ce = E. Where:Contractor's services have been so terminated by Owner,the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue: Any retention or payment of moneys due Contractor by OOwner will riot,release Contractor from liability. ,-� F. N and to the extent that Contractor has provided a performance bond under the provisions o£ Paragraph 5,(?l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02 C IMM 15.03 Owner May Terminate For Convenience - A: Upon seven days written notice to Contractor and Engineer, Owner may, without cause and_ without prejudice to any other right or,felnedy of Owner, ternunate the Contract._In such case h, Contractor shall be paid for(without duplication of any items} completed and ac,ce,pta e or, executed accordance wi e on act a e s pn ork, of termination, uair and reasonable sums for overhea ;;=date d ant �_ AMIMMS A— - 2. expenses sustained prior to the effective date of:ternmiination in perornng services anc __ OF fumishirig labor, materials, or equiprnerit as required by the,-,,Contract Documents iri , connection with uncompleted Work,plus fair and reasonable sutras'for"o!erhead and profit orb such expenses; 3. all claims, costs, losses, and damages (including but not lirnited to all fees and charges o engineers, architects, attorneys, and other,professionals and all court or arbitration'or othei dispute resolution costs) incurred.m settlement of terminated contracts,wth Subcontractors= Suppliers,and others;and M - _ 4. reasonable expenses directly atn viable ermina � B. Contractor.,shall not be paid on account of loss of antrcipated profits or revenue or oche economic loss ansing out of orresultirig"from such termination 15.04 Coiztraetor Mai Stop Work;or Termi+zaie c A. If,through no act or fault of Contractor;{i) the Work is suspended for more than 90 consecutive days by Owner'or under an order of court or other public authority,or(u)Engineer fails to act ari any Application for Payment within 30 days after it is submitteda or- any Ownner Earls far 30 d� / EJCDC C-700 Standard GeiTeral Conditions of the COMMMOn� oniract Copyright©2007 National society of Professional Engineers for EJCDC. All rights reserved. Page60 of 62 to pay Contractor any sum finally determined to-be due, then Contractor may,upon seven day written notice,to'awne :and Engineer;;and'provided;OwnerforEngmneer;do; suc not remedy - suspension or failure within that time,ternunate the Contract and recover,from Owner payment , onthe same terms as provided in Paragraph 15.03: B. In lieu of terminating the Contract and without,prejudice to=any ether right or remedy,if Engineer has failed to act on an'Application'for Payment within 30 days after:it is submnitted;or Owner haste failed for 30 days to pay,Contractor any sum finally.deternmined to be due,Contractor,mnay,seven days after written notice to:Owner and Engineer,stop the Work until payment is made.of all such amounts due Contractor,:ineluding interest thereon.The provisions of this Paragraph 15 04 are_ not intended to preclude Contractor from making a Claim under .Paragraph 10.05 for art adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as perms ted by this Paragraph ARTICLE 16—DISPUTE RESOLUTION ` - - a T _ n 16.01 Methods dnd Procedures' A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for decision under Paragraph 10.05 before such decision becomes final and binding. The medation will be governed by;the Construction Industry Mediation Rules of.the American Arbitration_ Association in effect as of the Effective Date of the Agreement.The request for mediation shall" be submitted in writing to the American Arbitration Association and the other party to the Contract.Timely submission of the request shall stay the effect of Paragraph 10.05.E B. Owner and Contractor shall=pamticipate in the mediation process in good faith. The process shall be concluded within;60 days of filing of the request. The dated termination of the mediation shall be determined by application of the mediation rules referenced above . _ _ W C. If the Claim is not resolved by mediation,Engineer's action under ParagrapMO5.0 or z�denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless,within that time period,Owner or Contractor 1. elects in writing to invoke any^dispute resolution process provided for in the Su plementary Conditions;or = - 2. agrees with the other party to siibnutme Clarfanothe ------- dispute solution process,or 3. gives written notice to the ,other party,of the intent_to subrrut the Claim to a court of competent jurisdiction. ARTICLE I7—MISCELLANEOUS ' - - 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it wall be deemed to have been validly given EJCDC C-70O Standard General Conditions of the Construction Contract Copyright©2W National Society of Professional Engineers for EJCDC.'All rights reserved. Page,61 of 62 - - 1 delivered i7-7 n rson to the Indlvldual or to a member of me firrrl-ter to an officer -,th corporation f �u or horn it isntended;�,or - _ d 2 delivered at=or sent by regisered or certified mall, ptstagc=prepaid, to.the; as business address known to the giver of the notice, 17:02 Computation of Times A. When any period of time is referred to in the Contract Documents by days,it will-be;cornputed t 34 exclude the first and include the last day of such period. ]f the last tiny of any=such period'falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdlehor; such day will be omitted from the computation, 4 17.03 Cumulative Remedies A._The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to,and are not to be-constrtaed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise ymposed or,available by Laws on Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as,effective as if " repeated specifically in the Contract Documents -in connection_ h-ac p rtrc lar duty) obligation,right,and remedy to which they_app1YMl 17.04 Survival of Obligations - — - A. All representations,.-indemnifications, warranties, and,guarantees made in, reg�lired by �r given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Woho _ termination or,completion of the Contract or termination of the services'of Contractor 17.05 Controlling Law 4 - A. This Contract is to'be governed by thel Hof the- tatesn whlchthe Project i located 17.06 Headings MORRIS A. Article and paragraph.headings are inserted 1`oi'�onvenlen�only and do rla�c�ns���ar�s a these General Conditions MR— EJCDC C-700 Standard Geiser Condidoi of the CansEriYciio pnlr T Copyright©2007 National Society of Professional Engineers for EJCDC,All rights reserved4 Page 62 of 62 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC -2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC —2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. Section 00810-6thEdition Supplementary Conditions to the General Conditions Page 1 of 13 SC-2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules .and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.0l.A.S.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.0l.0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC- 4.02- SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings. The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special Provisions. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 2 of 13 SC-4.03- DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC- 4.04-UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC- 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 3 of 13 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC-5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory C. Employer's Liability $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: I. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 4 of 13 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injures Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.13. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.13.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 5 of 13 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.13.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. Be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 6of13 6. Include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC - 5.06. C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 Working Hours Add the following to Paragraph 6.02.13: Regular working hours are defined as 8:OOAM. To 5:OOP.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments willbe acceptable to Engineer asproviding an o r d e r 1 y progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 7 of 13 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13.17 of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also b e responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 8 of 13 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01. A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, 1 o a d i n g and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 9 of 13 equipment rental rates will be negotiated prior to t h e work being performed. SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25%from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any); and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will b e deducted from subsequent payments. Beginning with the s e c o n d application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.1.a. through 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 10 of 13 SC -14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 o f the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages;or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract D o cuments will be in Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 11 of 13 i Accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor if the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC-16.01 DISPUTE RESOLUTION Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and a copy will be sent to Engineer for information. Once the other party receives the request for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or Regulations in respect to any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.0 below, no mediation arising of or relating to the Contract Documents shall include by consolidation, joiner, or in any other manner Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 12 of 13 any other person or entity (including Engineer, Engineer's Consultant and the Officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the mediation, and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.0 1.13, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving work of such Subcontractor. Nothing in this paragraph SC-16.0 1.0 nor in the provision of such subcontract consenting to joiner shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not otherwise exist. SC-17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 13 of 13 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2016 Effective: January 2, 2016 Steve Bullock, Governor State of Montana Pam Bucy, Commissioner Department of Labor and►ndusb y To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public. In addition,we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required that each employer pay(as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549. In addition,this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. PAM BUCY Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication 3 B. Definition of Heavy Construction . ................................................................................................................. 3 C. Definition of Public Works Contract 3 D. Prevailing Wage Schedule ..................................................................................................................... 3 E. Rates to Use for Projects ........................................................................................................................ 3 F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... 3 G. Fringe Benefits ..................................................................................................................................... 4 H. Dispatch City ........................................................................................................................................ 4 I. Zone Pay ............................................................................................................................................ 4 J. Computing Travel Benefits ..................................................................................................................... 4 K. Per Diem 4 L. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 O. Welder Rates 5 P. Foreman Rates 5 WAGE RATES: BOILERMAKERS 6 BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS 6 CEMENT MASONS AND CONCRETE FINISHERS ............................................................................................ 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 7 OPERATORS GROUP 2 7 OPERATORS GROUP 3 7 OPERATORS GROUP 4 8 OPERATORS GROUP 5 8 OPERATORS GROUP 6 8 OPERATORS GROUP 7 8 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ 8 LABORERSGROUP 2 ............................................................................................................................ 9 LABORERS GROUP 3 9 LABORERSGROUP 4 ............................................................................................................................ 9 DIVER ....................................................................................................................................................... 10 DIVERTENDER .......................................................................................................................................... 10 ELECTRICIANS .......................................................................................................................................... 10 HEATING AND AIR CONDITIONING ............................................................................................................... 10 INSULATION WORKERS-MECHANICAL(HEAT AND FROST) ........................................................................... 11 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ...................................................................... 11 LINE CONSTRUCTION EQUIPMENT OPERATOR 11 GROUNDMAN 11 LINEMAN ................................................................................................................................................ 12 MILLWRIGHTS ............................................................................................................................................ 12 PAINTERS .............................. ......... 12 ...................................................................................................... PILEBUCKS ............................................................................................................................................... 12 PLUMBERS, PIPEFITTERS,AND STEAMFITTERS ............................................................................................ 12 SHEETMETAL WORKERS ........................................................................................................................... 13 TEAMSTERS GROUP 1 (Pilot Car Drivers) ......................................................................................................................... 13 TEAMSTERS GROUP 2 (Truck Drivers) ................................................................................................................ 13 2 A.Date of Publication January,2 2016 B.Definition of Heavy Construction The Administrative Rules of Montana(ARM),24.17.501(4)—(4)(a),states "Heavy construction projects include, but are not limited to, those projects that are not properly classified as either 'building construction', or 'highway construction.' Heavy construction projects include, but are not limited to, antenna towers, bridges(major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects(outdoor),fish hatcheries,flood control projects, industrial incinerators (other than building), irrigation projects,jetties, kilns, land drainage(not incidental to other construction), land leveling(not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings),pipe lines,ponds,pumping stations(prefabricated drop-in units—not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary,storm, etc), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways(other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells." C.Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines "public works contract"as "...a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000...". D.Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction,Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. E.Rates to Use for Projects ARM,24.17.127(l)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised." F.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417,MCA states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate ofprevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency." 3 G.Fringe Benefits Section 18-2-412,MCA states: "(1) To fu fll the obligation...a contractor or subcontractor may: (a)pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor;or (c)make payments using any combination of methods set forth in subsections (1)(a) and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefatfund,plan, orprogram described in subsection (1)(b) mustprovide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor." Fringe benefits are paid for all hours worked(straight time and overtime hours). However,fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime,unless there is a collectively bargained agreement in effect that specifies otherwise. H.Dispatch City ARM,24.17.103(l 1),defines dispatch city as "...the courthouse in the city from the following list which is closest to the center of the job:Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula." I. Zone Pay Zone pay is not travel pay. ARM,24.17.103(24),defines zone pay as "...an amount added to the base pay;the combined sum then becomes the new base wage rate to be paid for all hours worked on the project.Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job." See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM,24.17.103(22),states"'Travel pay,'also referred to as `travel allowance,'is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job." See section H above for a list of dispatch cities. X Per Diem ARM,24.17.103(18),states "'Per diem'typically covers costs associated with board and lodging expenses.Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer." L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2),MCA states, "...The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 M.Posting Notice of Prevailing Wages Section 18-2-406,MCA,provides that contractors,subcontractors,and employers who are "...performing work or providing construction services under public works contracts, as provided in this part,shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuingfor the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees." N.Employment Preference Sections 18-2-403 and 18-2-409,MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. P.Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work,the foreman must be paid at least the journey level rate. 5 WAGE RATES BOILERMAKERS Wage Benefit Travel: $30.00 $30.30 0-120 mi.free zone >120 mi. federal mileage rate/mi. in effect when travel Duties Include: Bulk storage tanks and bolted steel occurs. tanks. Special Provision: Construct, assemble, maintain, and repair stationary Travel is paid only at the beginning and end of the job. steam boilers and boiler house auxiliaries. Per Diem: 0-70 mi. free zone >70-120 mi. $55.00/day >120 mi. $70.00/day BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $31.07 $13.40 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day CARPENTERS Wage Benefit Zone Pay: $28.00 $11.36 0-30 mi. free zune >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $21.43 $9.41 0-30 mi. free zone >30-60 mi. base pay+$2.95/hr. Duties Include: >60 mi. base pay+$4.75/hr. Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $24.58 $11.80 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Compressor;Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane,A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $25.07 $11.80 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float&Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills,All Types; Hoist\Tugger,All; Hydralift Forklifts&Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine;Washing/Screening Plant CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $26.90 $11.80 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt(Breakdown &Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $27.90 $11.80 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $28.90 $11.80 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not iirnited to: >60 fm. base pay+$5.50/hr. Cranes, 45 tons up to and incl. 74 tons. CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $29.90 $11.80 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley(All). CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $30.90 $11.80 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+ $5.50/hr. Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower(All); Crane Stiff-Leg or Derrick; Helicopter Hoist. CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $20.68 $8.04 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. >60 mi. base pay+$5.50/hr. 8 CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $24.07 $8.04 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. General Labor;Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman;Tail Hoseman;Tool Checker and Houseman and Traffic Control Worker. CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.94 $8.04 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $25.60 $8.04 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Hod Carrier***;Water Well Laborer; Blaster;Wagon Driller;Asphalt Raker; Cutting Torch; Grade Setter; ***Hod Carriers will receive the same amount of travel High-Scaler; Power Saws (Faller&Concrete) and/or subsistence pay as bricklayers when requested to Powderman; Rock&Core Drill;Track or Truck Mounted travel. Wagon Drill and Welder incl. Air Arc. 9 DIVER Wage Benefit Zone Pay: Stand-By $36.72 $14.00 0-30 mi. free zone Diving $73.44 $14.00 >30-50 mi. base pay+$4.00/hr. Depth Pay(Surface Diving) >50 mi. base pay+$6.00/hr. 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. i DIVER TENDER Wage Benefit Zone Pay: $35.02 $14.00 0-30 mi. free zone >30-50 mi. base pay+$4.00/hr. The tender shall receive 2 hours at the straight time pay >50 mi. base pay+$6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. ELECTRICIANS Wage Benefit Travel: $31.39 $12.76 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. in effect when travel occurs and employee uses own vehicle. >60 mi. $75.00/day. HEATING AND AIR CONDITIONING Wage Benefit $27.33 $15.39 Travel: 0-50 mi. free zone Duties Include: >50 mi. Testing and balancing, commissioning and retro- ■ $0.25/mi. in employer vehicle commissioning, of all air-handling equipment and duct ■ $0.65/mi. in employee vehicle work. Per Diem: $65.00/day * Corrected 01/22/2016 10 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $32.92 $18.47 All Districts 0-30 mi.free zone Duties Include: >30-40 mi. $20.00/day Insulate pipes, ductwork or other mechanical systems. >40-50 mi. $30.00/day >50-60 mi. $40.00/day >60 mi. $45.00/day plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. >60 mi. $77.00/day on jobs requiring an overnight stay plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $26.90 $20.99 0-45 mi. free zone >45-60 mi. $30.00/day Duties Include: >60-100 mi. $55.00/day Structural steel erection; assemble prefabricated metal >100 mi. $75.00/day buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. LINE CONSTRUCTION—EQUIPMENT OPERATORS Wage Benefit Zone Pay: $31.82 $13.11 0-25 mi. $40.00/day >25 mi. $60.00/day Duties Include: All work on substations LINE CONSTRUCTION—GROUNDMAN Wage Benefit Zone Pay: $24.85 $12.38 0-25 mi. $40.00/day >25 mi. $60.00/day Duties Include: All work on substations 11 LINE CONSTRUCTION—LINEMAN Wage Benefit Zone Pay: $41.54 $14.20 0-25 mi. $40.00/day Duties Include: >25 mi. $60.00/day All work on substations MILLWRIGHTS Wage Benefit Zone Pay: $31.00 $11.86 0-30 mi. free zone >30-50 mi. base pay+$4.00/hr. >50 mi. base pay+$6.00/hr. PAINTERS Wage Benefit Travel: $24.25 $16.24 No free zone. $0.60/mile. Per Diem: $80.00/day PILE BUCKS Wage Benefit Zone Pay: $28.00 $'1'1.86 0-30 mi. free zone >30-50 mi. base pay+$4.00/hr. Duties Include: >50 mi. base pay+$6.00/hr. Set up crane; set up hammer;weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $33.66 $16.01 0-70 mi. free zone >70 mi. ■ $90.00/day if transportation is provided. ■ $90.00/day+$0.55/mi. (for one trip,there and back) if transportation is not provided. 12 SHEET METAL WORKERS Wage Benefit Travel: $27.33 $15.39 0-50 mi. free zone >50 mi. Duties Include: ■ $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehicle commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, Per Diem: dismantling, and alteration of all HVAC systems, air $65.00/day veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. TEAMSTERS GROUP 1 (Pilot Car Drivers) Wage Benefit Zone Pay: $20.59 $9.16 0-25 mi.free zone >25-50 mi. base pay+$2.95/hr. >50 mi. base pay+$4.70/hr. TEAMSTERS GROUP 2 (Truck Drivers) Wage Benefit Zone Pay: $27.69 $9.16 0-30 mi.free zone >30-60 mi. base pay+$2.95/hr. This group includes but is not limited to: >60 mi. base pay+$4.70/hr. Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment;Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. * Corrected 01/22/2016 13 NOTICE OF AWARD Dated: TO: ADDRESS: PROJECT: CONTRACT FOR:2016 City Shops Paving Project You are notified that your Bid opened on ,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:2016 City Shops Paving Project. The Contract Price of your Contract is: Dollars($ �. Four(4)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice ofAward. Two (2)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by 1. You must deliver to the OWNER Four (4) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to Bidders(Article 20),and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award,and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: BY: BY: (CITY MANAGER) (CITY CLERK) DATE: Notice to Proceed Date: Project: Owner: Owner's Contract No.: Contract: Engineees Project No.: Contractor: Contractor's Address: [send Certified Mail,Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is 1. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also,before you may start any Work at the Site,you must: [add other requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Coimnittee and endorsed by the Construction Specifications Institute. Page 1 of I MONTHLY PAY ESTIMATE SUMMARY Date 2016 City Shops Paving Project City of Bozeman, Montana Estimate No. - to 12016 DESCRIPTION AMOUNTS THIS MONTH PREVIOUS TO DATE Earnings for Work& Materials Installed: $0.00 $0.00 $0.00 Plus 100% of Invoice for Materials Stored: $0.00 $0.00 $0.00 Less Materials Used: $0.00 $0.00 $0.00 Subtotal: $0.00 $0.00 $0.00 5% Retainage: $0.00 $0.00 $0.00 Net Earnings: $0.00 $0.00 $0.00 Less 1%Gross Receipts Tax: $0.00 $0.00 $0.00 Gross Payment: $0.00 $0.00 $0.00 Less Previous Payments: $0.00 Net Payment this Estimate: $0.00 $0.00 Percent Time Elapsed: #VALUE! Work Done Based on Installed Cost: #DIV/0! Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): 90 Stop/Resume Work Orders (dy): 0 Approved Time Extensions (dy): 0 New Contract Completion Time (dy): 90 Contract Completion Date: 3/30/1900 Contract Cost Data: Amount of Original Contract: $0.00 Approved Changes: $0.00 Revised Amount: $0.00 Approved by (Contractor): Approved by City of Bozeman (Owner): PAY ESTIMATE 2016 City Shops Paving project CONTRACTOR: ENGINEER: City of Bozeman P.O.Box 1230 Bozeman,MT 59771 PAY ESTIMATE NO. to ,2016 QUANTITY COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE SCHEDULE I 101 Taxes,Bonds,Insurance LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 102 Mobilization LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 103 Unclassified Excavation EA 5 0 0 0 $0.00 $0.00 $0.00 $0.00 104 Geotextile Separation Fabric EA 3 0 0 0 $0.00 $0.00 $0.00 $0.00 105 15'Minus Crushed Base Material EA 10 0 0 0 $0.00 $0.00 $0.00 $0.00 106 Asphalt Concrete Pavement,3"Thick EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 107 6"Sch.40 PVC Storm Pipe EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 108 10"Sch.40 PVC Storm Pipe EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 109 12"HP Storm Pipe EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 110 2'Diameter Storm Drain Riser Manhole EA 4 0 0 0 $0.00 $0.00 $0.00 $0.00 111 4'Diameter Storm Drain Manhole EA 8 0 0 0 $0.00 $0.00 $0.00 $0.00 112 Miscellaneous Work EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 SUBTOTAL BID ITEM WORK INSTALLED $0.00 $0.00 $0.00 Materials in Storage $0.00 $0.00 $0.00 Materials out of Storage $0.00 $0.00 $0.00 SUBTOTAL $0.00 $0.00 $0.00 Total Amount Due $0.00 $0.00 $0.00 Less Retainage 5% $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less 1%Gross Reciepls Tax $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less Previous Payments $0.00 $0.00 Total Due This Payment $0.00 $0.00 CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK# PO Box 1230 • Bozeman, MT 59771-1230 (406) 582-2334 PAY TO: Date Paid: TOTAL $ VENDOR# DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT 2016 City Shops Paving Project TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: I,the undersigned,do solemnly swear,that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant,and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS#or Tax ID# Business License# THE CITY OF BOZEMAN MUST HAVE YOUR SS#OR TAX ID#AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. Field Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04.A, for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required,please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s)/Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by Contractor: Date: Copy to Owner EJCDC C-942 Field Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This[tentative] [definitive] Certificate of Substantial Completion applies to: ❑All Work under the Contract Documents: ❑The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security,operation,safety,maintenance, heat,utilities,insurance and warranties shall be as provided in the Contract Documents except as amended as follows: 0 Amended Responsibilities ❑Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 Work Change Directive No. Date of Issuance: Effective Date: Project: Owner:City of Bozeman Owner's Contract#: Contract: Date of Contract: Contractor: Engineer's Project#: You are directed to proceed promptly with the following change(s): Item No. Description Attachments(list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: F Nonagreement on pricing of proposed change. EJ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. F-1 Other: Estimated change in Contract Price and Contract Times: Contract Price$ (increase/decrease) Contract Time (increase/decrease) If the change involves an increase,the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Date: Authorized by Owner: Date: Accepted for Contractor by: Date: Approved by Funding Agency(if applicable): Date: CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times: Substantial Completion: $ Ready for final payment: (days or dates Net Increase(Decrease)from previous Change Net change from previous Change Orders No._to Orders No. to No. Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: (days or dates Net increase(decrease) of this Change Order: Net increase(decrease)this Change Order: Substantial Completion: $ Ready for final payment: (days) Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work,additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items,except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR(Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER- Signature) Date OWNER(Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 R:\Dropzones\Kellen\storm water\CityShops\Spec Book\16-COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 RADropzones\Kellen\storm water\CityShops\Spec Book\16-COB Change Order Form.doc ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract,you are hereby directed to suspend work(minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Order to Contractor to Suspend Work— Page 1 of 1 RADropzones\Kellen\storm water\CityShops\Spec Book\17-suspend_wrk.doc 6/28/16 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Order to Contractor to Resume Work—Page 1 of 1 SPECIAL PROVISIONS 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for the re-paving of the City Shops Complex and associated storm drainage improvements. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Sixth Edition(MPWSS),6th Edition,and as further modified by the City of Bozeman Modifications to MPWSS, 6th Edition, which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages,reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK The work involves Sub-grade excavation and preparation, road base placement, grading and compaction, storm drainage improvements,and hot mix asphalt paving at the Bozeman City Shops Complex as shown on the contract drawings and all related work incidental to construction. 3. AWARD OF CONTRACT If the contract is awarded,the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all Bid Schedules on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids,or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive,responsible Bidder which,in the Owner's sole and absolute judgment,will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Schedule 1 Bid. The award of the contract, if awarded,will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder who's Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter,mailed to the address shown on the Bid,that his Bid has been accepted and that he has been awarded a contract. 4. TIME OF COMMENCEMENT AND COMPLETION DATE 1 SPECIAL PROVISIONS The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically after the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $500.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer,trade name,or brand,such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of . proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work,together with the performance capacities and such other information which 2 SPECIAL PROVISIONS may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances,organization,and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full- time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 10. WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order,timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m.to 7:00 p.m.,Monday through Saturday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held at the City Engineer's Office,20 E. Olive Street,for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports,payrolls, 3 SPECIAL PROVISIONS payment to contractors,contract change orders,insurance,safety,and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data, in accordance with the General Conditions. Following review,the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review,Contractor shall remain solely responsible for full and complete performance in accordance with the terms,conditions,provisions, drawings and specifications set forth in the Contract Documents. 14. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system,phone number 1-800-424-5555 has been set up to facilitate requests for underground facility locate information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS,RIGHTS-OF-WAY,ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 16. TRAFFIC CONTROL A. Access For City Personnel. City Staff will work with the Contractor to re-locate equipment and materials outside of the work zone to the greatest extent possible during construction activities. Contractor shall provide limited access to facilities and 4 SPECIAL PROVISIONS vehicular traffic during the hours of 7 AM and 5:30PM Monday through Friday to allow for general operation of City Public Works Departments. B. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets,roads or highways or require night-time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic Control Devices. In regards to closures,the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. C. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work,of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four(24)hours prior to beginning work within the affected area. All signing,barricades,and other traffic control measures shall be provided by the Contractor. D. Warning Signals. All streets,roads,highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over;and obstructions,including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. E. Notifications. The Contractor shall coordinate all of the Contractor's construction 5 SPECIAL PROVISIONS activities to minimize conflicts at the work site,off-site events,or other construction projects nearby. The Contractor shall notify all affected residents and businesses,the Bozeman Police,Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service,and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition, all businesses affected by a street closure shall be given seven(7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site.Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local news media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. F. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street Department and the Montana Department of Transportation when working in or near a signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street Department and the Montana Department of Transportation. G. Work Methods. 1. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered. The Contractor shall keep a log of all inspections. 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property,the Owner may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet"Instructions to Flagpersons"published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians 6 SPECIAL PROVISIONS to the greatest extent possible. When necessary pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the Owner and to adjacent property owners and to minimize interruptions to utility service and through traffic. The Contractor shall maintain vehicular access to local businesses at all times. Work shall be scheduled so as to minimize disruptions to local mail and freight delivery. The Contractor shall maintain vehicular access to residences able to be used after each shift. Street closures shall be closures to through traffic with local traffic allowed. Provide channelization, flaggers, or other measures necessary to allow the safe passage of local vehicles to access residences that are within the work zone but not blocked by construction. Notify all residents at least 24 hours in advance of any access restrictions for individual approach or street closures. Schedule work such that individual approach closures last no more than a single shift. The Contractor shall utilize whatever means he deems necessary to allow traffic on driveway curbs and aprons a maximum of 10 days after they are poured unless approval is specifically granted by the homeowner to leave them closed for a longer period of time. The Contractor will be responsible for any cracking or broken sidewalk that may result from use of the driveways. 8. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. 17. DISPOSAL,EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local,State,and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers,streams,impoundments or into natural or manmade channels leading thereto. In addition,the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish,Wildlife and Parks,Department of Health and Environmental 7 SPECIAL PROVISIONS Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. I1 is imperative That manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 20. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner. Should the owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the engineer. Any costs for the above referenced work shall be at the contractor's expense. 21. ACCESS TO RECORDS The Contractor shall allow access to any books, documents,papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 8 SPECIAL PROVISIONS 22. INSURANCE Insurance coverage required under this contract shall extend,at a minimum,to the end of the contract time. 23. ABANDONING EXISTING STORM PIPE&INLETS All existing storm inlets within the project limits shall be removed and disposed of off-site by the CONTRACTOR. Measurement and payment for this shall be made under pay item number 106. The existing storm sewer pipe shall be abandoned in a few different ways. The existing main that is being abandoned between Church and Bozeman Creek shall be abandoned in place or removed. If abandoned in place,the ends of the main shall be plugged and the main completely filled with flowable (non-shrink)backfill. The main is near the location of the proposed storm pipe, so in lieu of abandoning in place,the CONTRACTOR may choose to remove the main and dispose of offsite. Regardless of the method chosen,measurement and payment for this work and all costs associated with abandoning the main in place or removing shall be paid for under pay item 108. All storm sewer lateral pipes between the existing main and the inlets shall be removed and disposed of off-site by the CONTRACTOR. Measurement and payment for this shall be made under pay item number 108. 24. LANDSCAPING RESTORATION CONTRACTOR shall be responsible for the restoration of any and all landscape features disturbed during construction. All landscaping disturbed by construction activities must be restored to a condition equal to or better than the conditions existing prior to construction as judged by the ENGINEER. The CONTRACTOR shall be required to stockpile and replace all topsoil and irrigation systems disturbed by construction. Payment for landscaping and landscape restoration shall be made under bid item 134. Section 02910—Seeding Add the following: 2.1 Seed Use the following seed mixture to seed all disturbed landscaped areas at a rate of 30 lbs/acre: Tall Water-save Fescue 60% Kentucky Bluegrass 25% Perennial Ryegrass 15% 25. ENGINEERING MATERIALS TESTING AND CONTROL TESTING 9 SPECIAL PROVISIONS A. The City of Bozeman shall be responsible for testing including, but not necessarily limited to: 1. Sub-Grade and base course compaction testing and/or proof rolling. 2. Hot mix asphalt compaction testing(See"Acceptance/Correction of Deficient Pavement Improvements"). 3. Installed storm drainage pipe shall be subject to testing as described under section 02720- 3.5.A of the Montana Public Works Standard Specifications. This section describes visually light testing the pipe for alignment and grade. B. Neither tests made by the Owner or the Owner's Testing Company will relieve the Contractor from his obligation to perform the work in accordance with the Technical Specifications. C. Materials, compaction, densities, or other construction items which do not meet the requirements of these specifications shall be replaced and retested at the Contractors' expense. Acceptance/Correction of Deficient Pavement Improvements Acceptance tests shall be evaluated by the Engineer for conformance with the specifications. The Engineer shall determine what corrective action is necessary in order for the improvements to be accepted by OWNER. Corrective action may include total removal and replacement of the deficient material,partial removal and replacement,placing additional material, or in lieu of corrective action,payment of a penalty to the OWNER in certain instances. A. Asphaltic Concrete Pavement The asphaltic concrete pavement shall be tested and evaluated for acceptance on a lot basis, with one lot being 1000 tons of material. 1. Thickness. If the average thickness of the pavement cores is more than 1/4" below the plan thickness, or if any one individual core is more than 1/2"below the plan thickness, corrective action or payment of a penalty will be required. a. Average Thickness Deficiencies. If the average thickness deficiency is between 1/4" and %2", corrective action such as placement of additional material (i.e. overlay or chip seal), as determined by the Engineer, will be required. In lieu of placing additional material,the Engineer may allow the payment of a penalty to the City of Bozeman in the amount of 0.25 times the unit price bid of the asphalt pavement times the amount of pavement determined to be deficient. If the average thickness deficiency is more than 1/2", an overlay will be required, along with cold milling of the 10 SPECIAL PROVISIONS existing pavement to provide for a minimum overlay thickness of 1.5". b. Individual Core Thickness Deficiency. If any one core thickness is determined to be more than 1/2"below plan thickness, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which is not deficient by more than 1/4",in order to determine the extent of the deficient pavement. If the thickness deficiency is more than W',the area that is deficient shall be removed from pavement edge to pavement edge and replaced to bring the non-complying areas to planned thickness. If the thickness deficiency is not more than W',the deficient area will either be removed and replaced to the planned thickness, or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in thickness. 2.Density. The average density of the pavement cores shall equal or exceed 93%of the maximum density as determined by ASTM D2041 (Rice's density). If the average density is less than 93% but more than 90.9%, the pavement that has deficient compaction shall be milled and overlaid(1.5"minimum depth),or apenalty in the amount of 0.10 times the unit price bid for the pavement material times the amount of pavement that has deficient compaction shall be paid to the City of Bozeman. If the average density is 90.9%or less,the pavement area affected will be removed and replaced or overlaid as determined by the Engineer. If any one core is determined to have a density of less than 86%, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until,in each direction,a core is found which has a density of at least 91%.The area that is determined to have deficient compaction shall be removed from pavement edge to pavement edge and replaced,or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in density. The requirements for percent air, compressive strength and unit weight are for laboratory designs only and are not intended for jobsite acceptance requirements. Proportion fine aggregate to yield 1 cubic yard(1 cubic meter). 26. USE OF REMOVED ASHPALT PAVEMENT Asphalt concrete pavement removed during construction operations may be used as structural fill up to sub-grade elevation in areas where sub-grade bearing capacity is in question,under direction of the on-site engineer, if mechanically processed to 4"minus size with a cold planer, rotomill, or similar equipment. Asphalt concrete pavement removed during construction operations may not be used as pavement base course material. 27. PROTECTION OF TREES, SPRINKLER SYSTEMS,AND PROPERTY PINS 11 SPECIAL PROVISIONS Prior to initiation of any excavation or removal of existing curb,the Contractor shall cut all tree roots at the back limits of excavation with a Vermeer root cutter or other similar machine capable of cutting the roots in a neat clean,fashion from existing ground to subgrade elevation. Indiscriminate ripping of tree roots will not be permitted. The method and equipment to be used shall be submitted to the Engineer for approval prior to the start of work. In addition,the Contractor shall take special care when working around trees to avoid any unnecessary damage to the branches or the trunks of trees. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment. The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 28. DELAYS The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal precipitation,or other natural phenomena. Time extensions will not be granted for rain,wind,flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such events will not constitute justification for an extension of time unless agreed upon by both the Engineer and Contractor, and the total time lost to such events exceeds 5% of the Contract Time. For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. 29. CONSTRUCTION TRAFFIC ROUTES To the greatest extent possible,the Contractor shall utilize the arterial and collector streets in the area for access to and from the site. This includes general construction traffic in addition to the transport of equipment and materials to and from the site. The streets in the area that meet this designation include; Main Street, South Willson Avenue, South Church Avenue, Kagy Boulevard, Babcock Street,and College Street. The Contractor shall receive prior approval from the Engineer in order to use any local residential streets for a short term construction traffic route. A private road exists off the southwest end of Dell Place which connects to East Alderson Street with an entrance onto South Tracy Avenue. The private road does not have a public access easement and therefore cannot be used by the contractor of property owners on Dell Place without prior consent of the Alderson Condos Home Owners Association. 30. CONSTRUCTION STAKING 12 SPECIAL PROVISIONS The City of Bozeman will be responsible for construction staking of the project. Contractor shall give the City a minimum 48-hours advanced notice of any required staking. Prior to commencing the work, the Contractor shall carefully check all drawings that in any way effect the location or elevation of the work to be executed by him, and should and discrepancy be found, he shall immediately report the same to the Engineer for verification and adjustment. Any duplication of work made necessary by failure or neglect on the part ofthe Contractor to comply with this requirement shall be done at his sole expense. 31. EARTHWORK QUANTITIES Bid quantity for unclassified excavation was determined using AutoCAD composite volume surface method. The method computes a volume by sampling between a subgrade surface and existing ground surface along the alignment of roadway. The existing ground surface is defined as the field-surveyed topographic base of the construction area. The subgrade surface is defined by offsetting the finish grade asphalt elevation vertically downward a distance of 15". The limits of excavation are defined as 6"horizontally beyond the limits of hot mix asphalt paving. 32. GEOTEXTILE SEPARATION FABRIC The Geotextile Fabric shall be Mirafi 600x or approved equal. 33. OVEREXCAVTION Depending on the condition of native sub-grade materials uncovered during excavation,it may become necessary to over-excavate areas with inadequate bearing capacity. This work will be directed by the on-site engineer and will be paid for under unit bid prices as described in the Measurement and Payment section of the contract documents. 34. MANHOLE AND VALVE BOX ADJUSTMENT Existing storm drain manholes, curb boxes, and other permanent features present within the limits of the project shall be adjusted to finish grade elevation by the general contractor prior to paving. There is no separate pay item for this work and shall be considered incidental to construction. 35. ADDITIVE ALTERNATE#1 Additive alternate#1 includes milling and disposing of existing asphalt within the limits of construction. If the alternate is awarded, this work will be the responsibility of the general contractor and will involve all labor, equipment and materials as described in the"Measurement and Payment" Section of the Contract Documents. All millings shall become property of the City of Bozeman and hauled off site by the general contractor to a location selected by the City. 13 SPECIAL PROVISIONS If Additive Alternate#1 is not awarded,the City of Bozeman Streets Department will be responsible for milling and disposing of existing asphalt within the limits of construction prior to the start of construction. The Contractor shall give the City 14 Calendar Days notice prior to starting construction. During this 14 day window,the City will clear equipment and materials from the work area and mill and dispose of existing asphalt. The Contract time will commence 14 days after the notice of the start of construction is given. 14 SPECIAL PROVISIONS SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract,the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. Item 101: (Taxes,Bonds,Insurance) To be paid on the first progress pay estimate one-hundred percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent(5%),if any,payment shall be made on the basis of the percentage of the work completed of each progress estimate. Item 102: (Mobilization)Fifty percent(50%)to be paid on the first progress estimate when mobilizing to begin construction, and fifty percent(50%)to be paid following substantial completion and acceptance of the work. Item 103: (Unclassified Excavation Above Subgrade) Measurement and payment shall be as per MPWSS Section 02230 4.1.A for Excavation to subgrade and over-excavation below subgrade as directed by the on-site engineer where necessary and shall include Embankment in place utilizing materials excavated from the site as provided under MPWSS Section 02230 4.1.C.2. Payment for excavation associated with those items shall be included in the unit price for those items. No separate measurement and payment will be made for embankment using soil materials generated on site. The estimated quantities for this item also include the existing asphalt, concrete, and underlying gravel courses where present. Measurement and payment under this item shall be full compensation for removal and disposal off site of the asphalt, concrete, and native materials encountered. Item 104: (Geotextile Separation Fabric) Measurement and payment shall be as per MPWSS Section 02110 4.1. Item 105: (1.5"Minus Crushed Base Course)Measurement and payment shall be as per MPWSS Section 02235 4.1. Item 106: (3"Thickness of Asphalt Concrete Pavement,Type B) Measurement and payment shall be as per MPWSS Section 02510 4.2. Item 107, 108 & 109: (6", 10" & 12" Storm Sewer Pipe) Measurement and payment shall be as per 1 MEASUREMENT AND PAYMENT MPWSS Section 02720 4.2.A. Item 110& 111: (Basic 2' &4' Diameter Storm Sewer Manhole)Measurement and payment shall be as per MPWSS Section 02720 4.3. Where the manhole is replacing an existing manhole on the existing storm sewer main, this item shall also include connection to the exiting main on both upstream and downstream side,including extra excavation,dewatering,various sizes of pipe,various sizes of Fernco flexible couplings,backfill, compaction, disposal of all waste materials including existing pipe,and all other work necessary or incidental for completion of the item. Item 112: (Miscellaneous Work) The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only,which may be adjusted up or down by the Engineer in accordance with the needs of the project. 2 MEASUREMENT AND PAYMENT APPENDIX A STANDARD DRAWINGS �C, LE GTH* 0 0 0 0 0 o 0 MIN. 25' RADIUS UNDERLYING FILTER FABRIC AS PER SECTION 02110 VEHICLE TRACKING PAD 14" THICKNESS OF Y-6" WASHED ROCK MIN LENGTH* MIN WIDTH* RESIDENTIAL 30 FEET 15 FEET COMMERCIAL 60 FEET 25 FEET USE ALL VEHICLES ENTERING AND EXITING THE CONSTRUCTION AND/OR BUILDING SITE SHALL TRAVERSE THE VEHICLE TRACKING PAD TO MINIMIZE MUD AND DIRT FROM TRACKING OFF SITE. MAINTENANCE THE ENTRANCE SHALL BE MAINTAINED IN A CONDITION WHICH WILL PREVENT THE TRACKING OF OR FLOW OF MUD ONTO PUBLIC RIGHT OF WAYS. PERIODIC TOP DRESSING WITH 2" STONE MY BE REQUIRED, AS CONDITIONS DEMAND. THE CONTRACTOR SHALL IMMEDIATELY REMOVE ALL DEBRIS SPILLED, DROPPED, WASHED OR TRACKED, FROM VEHICLES ONTO ROADWAY OR INTO STORM DRAINS. WASHING IF CONDITIONS ON THE SITE ARE SUCH THAT MOST OF THE MUD IS NOT REMOVED FROM THE VEHICLES TIRES BY CONTACT WITH THE GRAVEL, THEN THE TIRES MUST BE WASHED OFF BEFORE THE VEHICLES ENTER A PUBLIC ROAD. THE WASH WATER MUST BE CARRIED AWAY FROM THE ENTRANCE TO A SETTLING AREA TO REMOVE SEDIMENT. A WASH RACK MAY ALSO BE USED TO MAKE WASHING MORE CONVENIENT AND EFFECTIVE. INSTALLATION THE AREA OF ENTRANCE SHOULD BE CLEARED OF ALL VEGETATION, ROOTS, AND OTHER OBJECTIONABLE MATERIAL. THE GRAVEL SHALL BE PLACED TO THE SPECIFIED DIMENSIONS. ANY DRAINAGE FACILITIES REQUIRED BECAUSE OF WASHING SHOULD BE CONSTRUCTED ACCORDING TO SPECIFICATIONS ON THE PLANS. CITY OF BOZEMAN SCALE: VEHICLE TRACKING CONTROL NO. 01500- 1 STANDARD DRAWING NONE JAN. 2011 NOTE: WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINE A MINIMUM OF 12" (30cm) FROM THE EDGE OF THE TRENCH OPENING. WHERE NEAT LINE IS LESS THAN 3' (0.9m) FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT. EXISTING STREET SURFACE `VERTICAL TRENCH WALLS WITH SHORING TO CONFORM TO O.S.H.A. REGULATIONS* �12"(30 cm) MIN. SUBGRADE OR GROUND SURFACE INSTALL DETECTABLE SLOPING, BENCHING OR WARNING TAPE 18"(45cm) SUPPORT SYSTEMS IN THIS BACKSLOPE AS SPECIFIED MAX. DEPTH AREA TO CONFORM TO TO CONFORM TO O.S.H.A. (OPTIONAL) O.S.H.A. REGULATIONS* REGULATIONS* TYPE „A„"n" OR "C„ } /. F"(ir,m) TRENCH BACKFILL Z' \/ SELECT TYPE I BEDDING /o0°00 Oo°O°c'o / MATERIAL PLACED TO O� 000 0°\// IN 6"(15cm) LAYERS & TYPE I PIPE BEDDING 000 00p ° o O�\//// COMPACTED AS SPECIFIED PLACED IN 6"(15cm) MAX. ° °0 o 0 000 / IN SECTION 02221. LAYERS AND COMPACTED �00°oop 4"(lOcm) 00— 0 %/ THOROUGHLY. \/ TRENCH WDTH=O.D. OF PIPE PLUS 2'(60cm) j MIN. TRENCH WIDTH= 3.5'(1.1m) TYPE 2 PIPE BEDDING WHERE REQUIRED FOR \//\\/\//\//\//\ /\ \j� \ SOFT OR UNSTABLE FOUNDATION NOTE: SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCH DESIGN FEATURES " SEE O.S.H.A. CONSTRUCTION STANDARDS FOR EXCAVATIONS. REVISED: 10/25/02 CITY OF BILLINGS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE TYPICAL UTILITY TRENCH DETAILS NO. 02221-1 TOP OF NEW PAVEMENT 1 8' MIN., 1 4" MAX. c�$7ss'.ssz�za•so-`-5:�=-?.'-.`::5::=-`��.��f::_l:�>l3^s:=._:•.<..::s. `.:C�:?e-'-'•:"�`�+�`::�>,-!:e�`c'i^�4>i:�'�:=Sv.-'-y��5--...5.".:'`�Sf�''h'v:=r�r.. l 9: vw F�=:r rF _ COMPACTED BASE & SUBGRADE NOTES: 1. Adjust water valves upward or downward as required. Final adjustment shall be made after paving and before seal coating. 2. Model No. 69 8550 series, East Jordan Iron works adjustable screw—type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type 11 water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. CITY OF BOZEMAN SCALE: WATER VALVE ADJUSTMENT NO. 02213-2 STANDARD DRAWING NONE DETAIL Feb. 2004 EET SURFACING t- NOT MV ASPHALT 24 IAN. +COMPACTED GE AND SUBORAGE CONCRETE MMUSRNC �.i�. R21GS AS NECESSARY (2'MIN.-12'MAX) NOTES: 1.Adjust manholes upward with adjusting rings under frame. 2.Adjust manhole downward by removing cone and barrel sections as necessary and replacing with sections of length required to match grade. 3.Slope manhole frame as required to mathch slope of street. 4.Final manhole adjustment shall be made before paving. 5.All joints between manhole sections,top cone,adjusting rings,and manhole ring shall be watertight. Joint material shall be"Ram Nek"or approved equal. 6.Manhole ring and cover shal be adjusted to match final crown and grade of street.Use Anderson Precast or approved equal concrete angled adjustment rings to obtain required angle. 7.Manhole ring and cover.use MCI 305 frame,305A cover,IFCO 772 frame, 772-B cover,or Deeter 1025,or D&L A 1172 with 1"cover. CITY OF BOZEMAN Scale: MANHOLE ADJUSTMENT NO. 02213-1 STANDARD DRAWING None DETAIL Rev.April 2005 Frame and cover to be either D&L A-1172 ring with A-1178 cover, EJIW 3771/ 3772 series, or approved equal. Covers shall have two 1" pick holes. Adjustable rings, NOTE: All joints between manhole sections, manhole ring & 2" min., 12" Max. top section, and around sewer pipe into manhole shall be watertight. Jointing material shall be "Ram—Nek" or equal for all joints except between sewer pipe and manhole wall. 5„ a-:: 5„ 4'-0" '; ;,'• Precast reinforced concrete manhole riser and eccentric cone top manufactured in Mahole steps at accordance with ASTM designation C-478. 16" centers " 33rout invert to springline of pipe if gap between ~« pipe and channel is "'• greater than 1/8". Pre—cast channel r flowline Top of pipe may �;••;" - not extend past Variable U I inside wall of Tim y* (mi 0" manhole. If a necessary top o�.a Shelf—slope 1" per foo•i half of pipe may E$ toward channel. See be trimmed off N o a channel detail. Flexible gasketed joint (typical smooth. for precast bases — see detail) A Channel = dia. of pipe A` Precast or poured—in—place base. #4 bars — 1'-0" c—c Poured—in—place base, minimum concrete thickness below pipe is 5'-4" dia. 8 inches. Precast base, minimum (min.) thickness is 6 inches. All bases reinforced as shown. Radius of manhole Slope at 1" per fact,- Channel to full ipe depth NOTE: Storm drain manholes shall not have formed channels and the Dia. of lowest pipe invert shall be 9" higher sewer than bottom of manhole. pipe SECTION A—A CITY OF BOZEMAN SCALE: SANITARY SEWER AND N0. 02720-3 STANDARD DRAWING NONE STORM DRAIN MANHOLE DEC. 2003 Rev. FEB 2013