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16- Contract Documents - COP Construction LLC - 2016 Bridger Drive Trunk Sewer Main Project
rc(a�,�,�rviol w!trir'nlu,�,,, 1 4 COO TV�r�����rC�r �� o c��J �f�f �r�i '• R S J. _ o r J J,T 117, ((, T J CW E l;QQ)ZWTT\j--A-- l ��1:(. B- Ti,J�: J�J'r. JJJR_T \!1' J 1'_TJ '�'Tf `0JT\fiT1_� T\/I J_J J.'J.0 80z -- Jq� 1883 IL �=af r` .b ��•••........ Qr 6 2016 BRIDGER DRIVE TRUNK SEWER MAIN PROJECT CITY OF BOZEMAN BID OPENING: AUGUST 23, 2016, 2:00 P.M. ADDENDUM No. 2 AUGUST 16, 2016 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Drawings Sheet S 1 & S2: On the parkland from+/- 0+80 to +/- 6+30, and+/-14+40 to 15+30 the contractor may utilize any area they choose to complete the construction provided that all disturbed areas are restored to preconstruction conditions, and all trees that are not allowed to be removed are protected. On the private tract from+/- 6+30 to +/- 14+40, the easement for the sewer main is 30 feet wide,with only 10' being south of the proposed sewer main. The contractor shall limit all construction activity to stay within the limits of the easement unless written permission is otherwise received from the property owner. Drawings Sheet S3: Manhole 7 should be a 60"rather than 48" as shown. The quantities in the bid form are correct. ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. 2 on the Bid Form to validate their bid. Robert J. Murray Jr., P.E. City Project Engineer 2016 BRIDGER DRIVE TRUNK SEWER MAIN PROJECT CITY OF BOZEMAN BID OPENING: AUGUST 23,2016,2:00 P.M. ADDENDUM No. 1 AUGUST 16, 2016 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Specifications Section—Bid Form: Change the allowed contract time from 60 days to 75 days. Specification Section—Agreement Form Article 2.1: Change 60 to 75. Specification Section— Special Provision 35: Excess excavated materials (6"minus) that is free of topsoil, organic or deleterious material may be used to construct the fill section under the all weather access road from station 5+40 to 6+80. Specification Section—Special Provision 36: Add the following: The contractor shall maintain one lane of traffic with flaggers at all times during the crossing of Bridger Drive. All flaggers used on the project shall be certified in accordance with the MDT permit. Specification Section—Measurement and Payment 118: This item is only for replacement of unsuitable backfill material that may be encountered during the course of the work. It does not include the imported material required for the Bridger Drive crossing, or the fill area under the all weather access road from 5+40 to 6+80. The cost of the material for those two areas shall be considered incidental and included in other bid items. Drawings Sheet S 1: The asphalt that is removed from station+/- 0+80 to 1+65 does not need to be replaced. The area can be backfilled to the surface with excavated material. The quantity in the bid form did not include this area. Drawings Sheet S 1 & S2: From station 1+65 to 14+25, there are numerous concrete slabs, pin down curbs, abandoned water lines, sewer lines, power lines, telephone lines, ect. Any of these encountered during the course of construction shall be removed and disposed of offsite by the contractor. There shall be no separate measurement and payment for this work, and all cost associated with it shall be included in other bid items. Drawings Sheet S 1 & S2: Attached to this addendum are pictures that clarify which trees can be removed and disposed of offsite by the contractor. No other trees shall be damaged or removed by contractor without specific written permission of the owner of the affected property. Drawings Sheet S3: The sewer service at station 22+32 is mislabeled. It should be 6"rather than 4". The quantities in the bid form are correct. Drawing Sheet D-1, Detail—Asphalt Street Surface Restoration: The required asphalt thickness for all areas except Bridger Drive shall be 3". ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. 1 on the Bid Form to validate their bid. Robert J. Murray Jr., P.E. City Project Engineer i i i . `i'•� , I. � ���' � / \ i sr�� � k �, yy ram• si t� 1• .� � ..'�,�/ �, ,� . it .J ,��..` +�� '` •r;- 1 • Removei Dispose of zt . s . SSMH i • l — Looking toward STA • 1 Remove • Dispose of - •' '�L'"�i�'�"=:•'"ems`�.•+S� i,. � \ - f f/.•' ,�- � '' �� ryS. r, � fir• + ,• -+.+1 'S�f^,',�ti' �` �.r•ti - lg�i -�' �, '.�.,;`Y��+� ��fly,' �T ��' , •2 — Looking Toward I STA 6+80 1 Remove & Dispose I of Tree .1 ( I 1 a @ SSMH#3 — Looking Toward SSMH#2 l .c ARI, i I 's; � .y � tip.. d V .. �• � q I SSMH#4 — Looking Toward SSMH#3 @ g TA STA 13+34-- - 1 Remove & Dispose of Tree -491 @ SSMH#4 — Looking Toward SSMH#5 I 0 i ...... ...... . 14+24 Remove •• e of Tree i i Looking Toward • I 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 BRIDGER DRIVE TRUNK SEWER MAIN PROJECT JUNE, 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 Bridger Drive Trunk Sewer Main Project Separate sealed bids for construction of City of Bozeman 2016 Bridger Drive Trunk Sewer Main 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, August 23, 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 102, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 102, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Bids must be received before 2 p.m. Tuesday, August 23, 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: Installation of a 15" sewer main across and along Bridger Drive from Birdie Drive to Story Mill Road, an 8" sewer main in Story Mill Road from Bridger Drive to Griffin Drive and an 8" sewer main in Griffin Drive from Story Mill Road west approximately 380 feet including manholes, sewer main stubs, sewer service stubs, all weather access roads, surface restoration, and all appurtenances. 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 $50.00 per set, which is not refundable. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Department at 2:00 p.m. on August 15, 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. Section 00100 INVITATION TO BID Page 1 of 2 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 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, August 23, 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. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 7th day of August, 2016. Robin Crough City Clerk, City of Bozeman Published Bozeman, Montana, August 7, 2016 August 14, 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: CITY OF BOZEMAN 2016 BRIDGER DRIVE TRUNK SEWER MAIN 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 1 INSTRUCTIONS TO BIDDERS the work; and (d)has appropriate technical experience. 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,6"' Edition(MPWSS),shall be used to govern the contractual and performance aspects ofthis 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 6"'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 IIerein 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 2 INSTRUCTIONS TO BIDDERS Suspend Work...............Bound Herein 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 WSS 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 3 INSTRUCTIONS TO BIDDERS relieve him of his duties under this section or of any other responsibility under the contract. 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. Only proposals contained within bound copies of the Contract Documents obtained directly from the City will be considered. 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 4 INSTRUCTIONS TO BIDDERS The envelope shall also contain the following information: Name of Proj ect: CITY OF BOZEMAN 2016 BRIDGER DRIVE TRUNK SEWER MAIN PROJECT. 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. August 23, 2016. 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. ONLY PROPOSALS CONTAINED WITHIN BOUND COPIES OF THE CONTRACT DOCUMENTS OBTAINED DIRECTLY FROM THE CITY WILL BE CONSIDERED. 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. 5 INSTRUCTIONS TO BIDDERS Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- 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. 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 6 INSTRUCTIONS TO BIDDERS 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. 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. MODIFICATION 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 accept or 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. 7 INSTRUCTIONS TO BIDDERS 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 BIDDERS shall submit a Bid on a unit price basis for each item of Work listed for all Bid Schedules as provided in the Bid Form and as described below. The Bid will not be considered unless the Bid Form contains prices for all unit price items,and alternates,as shown on the Bid Form. OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming,nonresponsive,unbalanced,or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it fords, after reasonable inquiry and evaluation, to be non- responsible. OWNER may also reject 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 Rinds 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 8 INSTRUCTIONS TO BIDDERS 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. 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. Only proposals contained within bound copies of the Contract Documents obtained directly from the City will be considered. 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 9 INSTRUCTIONS TO BIDDERS 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 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 NOTICE OF AWARD Dated:August 24,2016 TO: COP Construction LLC ADDRESS: 242 South 641h Street West Billings,MT 59106 1 PROJECT: 2016 Bridger Drive Trunk Sewer Main Project I CONTRACT FOR:Total Base Bid You are notified that your Bid opened on August 23,2016,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:2016 Bridger Drive Trunk Sewer Main Project. IThe Contract Price of your Contract is: Four Hundred Twenty Thousand Nine Hundred Twelve Dollars ($ I 420,912.00). I Five(5)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice ofAward. 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 September 8,2016. 1. You must deliver to the OWNER Five (5) 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. I 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 O ZEMAN,MONTANA ATTEST: V g© �, p ACTING CITY MANAGER) (CITYI. •' -} DATE: I •t. BID FORM 2016 BRIDGER DRIVE TRUNK SEWER MAIN 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 ofthe 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 BRIDGER DRIVE TRUNK SEWER MAIN 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 60 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 "r BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Estimated Total Estimated Item Description Unit Unit Price Quantity Price 101 Taxes, Bonds,Insurance L.S. 102 Mobilization L.S. 1 103 Connect to Existing Manhole Each 1 3 I n n o» c7T-%1"', 1)C TZ 71-1 Cl T i T L 1V`t O JLAJJ r Vl JGWGl1Y1C1111 L.1 ^ 1J1✓ ��� 105 15" SDR 35 PVC Sewer Main. L.F. ea 1574 106 4" SDR 26 PVC Sewer Service L.F. J7 193 107 6" SDR 26 PVC Sewer Service L.F. 50 108 48"Dia. Basic Manhole, 5'-0" Each 4 Depth 109 60"Dia. Basic Manhole, 5'-0" Each 5 Depth �p ,� OP- 110 60"Dia. Basic Drop Manhole, 5'-0" Each 2 Depth /D Ill 48" Dia. Additional Manhole Depth V.F. 3.5 112 60"Dia. Additional Manhole Depth V.F. 66 2- v 113 Sewer Access Road L.F. 691 114 Insulation L.F. 80 j `�' 115 Traffic Control L.S. 1 116 Asphalt Restoration L.F. 1530 117 Type 2 Pipe Bedding C.Y. 20 118 Imported Backfill Material C.Y. G 50 119 Topsoil and Seeding L.S. 1 � 120 Construction Staking L.S. 1 121 Miscellaneous Work Each $1.00 25,000 $25,000.00 TOTAL BASE MID (TOTAL BASE BID -WRITTEN WORDS' 017J ZCP0 Gets 3 BID FORM The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No. #1 Dated 8/16/16 No. #2 Dated 8/16/16 No. Dated No. Dated Submitted this 23rd day of August ,2016. SIGNATURE OF B11iLER: Nick Patch, Estimating Manager Montana Contractor Registration Number 55440 If an individual: doing business as I I If a Partnership: by partner If a Corporation: cop Construction LLC (a) Limited Liability Nick Patch (Seal & � Attest //L� �'Li� Title ESTIMATING Manager r1:, I Business Address of Bidder: 242 s 64t-h Street west Billings, MT 59106 4 BID FORM 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 by (Seal & Title Attest) 5 BID FORM NON-DISCRIMINATION AFFIRMATION FORM Cop construction LLC [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 Cop Construction LLC [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: 6 Person authorized to sign on behalf of the bidder Nick Patch, Estimating Manager 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): COP Construction LLC PO Box 20913, Billings, MT 59104 r r-. %_ rA7- n r»,, rinir'rnwy nr P,4,T-Yn�.�rnrd AT H�l�i7�OvQ/" •Hx<..v.r J a X •»��J�.. /• Fidelity and Deposit Company of Maryland 1400 American Lane, Tower 1, 18th Floor , Schaumburg, IL 60196-1056 OWNER Name and Address): City of Bozeman PO Box 1230, Bozeman, MT 59771-1230 BID Bid Due Date: August 23, 2016 Description(Project Name andlnclude-Location): 2016 Bridger Drive Trunk Sewer Main Project, Bozeman, Montana BOND Bond Number: Bid Bond Date(Not earlier than Bid due date): August 23, 2016 Penal s Ten Percent of Amount Bid $ 10% um (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. B_ BDR SLIR ETX C.'OP Construction LLC (Seal) Fidelity and Deposit Company of Maryland (Seal) Bidder's Name and Co-iporatc Seal Surety's Name and Corporate Seal Signature '0 0 sP0'r ' ` tore(Attach Power of Attorney) i Gerber Print Name 1 -� `0 Name 3890 JU i�yvi( 1\nth NO yNQa� PV� A rney-in-Fact Title itle Attest: Signature Signature Allan Ffult en Witness Title Title Surety Phone No. Mote.Above addresses are to be used for giving arty required notice. --vide execution by any additional parties,such asjofnt venturers, ffnecessary. VCDC C-430 Bid Bond(Penal Sam 1Fonu) Prepgred by th®EaOnml Joint Contract DOC=1nii COmmittm PARe 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 reiected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and,if applicable,consented to by Surety when required by Paragraph 5 hereof.). 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:Gom Owner,wlhieh notice will be given with reasonable promptness,identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any 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 notices may be sent by personal delivery,commercial courier, or by United States Registered or Certified Rail,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. Tltis Bond is intended to conform 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 the 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. EJCDC C430 Md Dnnd(Penal Sum Form) Fr9arcd by the Euglncm Jdnt Conirsr powments Commituv, Page 2 of 2 Bond Number Bid Bond Obligee: City of Bozeman ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the"Companies"), by Michael P.Bond,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse aide hereof and are herehv certified to he in fiill force and effect on the date hereof do hereby nominate constitute, and appoint Naomi Gerber its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety,and as its act and deed: any and all bonds and undertaldngs,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and IIDEL, Y AND DEPOSIT COMPANY OF MARYLAND,this 22°a day of July,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND V l" c►i'fNSG y,�'n 4 ip 40R°oJir O «w l e a SEAL By. Michael P.Bond '•Ud�w 1 f a '""' Vice President �`•H,,,,*,,,,,::��� T�yvpocras,. 1 i lid ti? 44.n By: EricD.Barnes Secretary State of Maryland County of Baltimore On this 22nd day of July, A.D.2015, before the subscriber,a Notary Public of the State of Maryland,duly cominissioned and qualified,Michael P. Bond,Vice President and Eric D.Barnes,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. sit Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 ''+nnnno�` EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 23rd day of August 2016 Ctt �y1Ns(r ''o ` = n SEAL i tfT! 3 'vk 1698 Hai �`7 4 tttth„�»o` Thomas O.McCleIlan,Vice President COP CONSTRUCTION LLC P.O.BOX 20913 BILLINGS,MONTANA 59104 406-656-4632 FAX 406-656-4808 MAUFRIJETIOW March 16, 2015 To Whom It May Concern: Nick Patch is authorized to sign and execute bid documents and contract documents on behalf of COP Construction LLC. Sincerely, COP Construction LLC Edward W. Bedell President 0 or HEAVY,HIGHWAY,MUNICIPAL-UTILITIES SINCE 1947 �oFA�wPs An Equal Employment Opportunity Employer 0 � IN STATE (OF MONTANA DEPARTMENT of LABOR & INDUSTRY 4- CONSTRUCTtON CONTRACTOR REGISTRATION UNIT CERTIFICATE OF CONTRACTOR REGISTRATION REGISTRATION NO. 55440 OOP CONSTRUCTION ULC PO BOX 20913 BILLINGS,MT 59104 Effective Date: Oct 06, 2014 Expiration Date: Oct 05, 2016 Employer 6 I � Additional information on back. Please notify this agency of any cbanges within so days. AGREEMENT FORM THIS AGREEMENT is dated as of the 's- day of Sin the year 2016, by and between CITY OF BOZEMAN,hereinafter called OWNER,and COP Construction LLC 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: Installation of a 15" sewer main across and along Bridger Drive from Birdie Drive to Story Mill Road, an 8" sewer main in Story Mill Road l from Bridger Drive to Griffin Drive and an 8" sewer main in Griffin Drive from Story Mill Road west approximately 380 feet including manholes, sewer main stubs, sewer service stubs, all weather access roads, surface restoration, and all appurtenances. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2016 Story Bridger Drive Trunk Sewer Main Project, City of Bozeman. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 75 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. 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 if 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 f penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. ! Article 3. CONTRACT PRICE. I 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum(subject to adjustment as provided in the Contract Documents) of Four Hundred Twenty Thousand Nine Hundred Twelve Dollars and Zero Cents ($420,912.00). 0 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 c111P1UyccJ allU LU Q.11 6UUGU11LIUL;L6 1L c11Lc1J 111LU 111 pc11U11n llur,Ul Ulu aglucll1c11L W1L11 Lllc UILy 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 parry 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 parry 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. l (CONTRACTOR) By (SEAL&) ;7p, (ATTEST) Title e r (Yda (JOINT VENTURE) By (SEAL&) (ATTEST) Title I City of Bozeman (OWNER) By (CITY MANAGER) (SEAL&) (ATTEST) ,�0� BOO&-It q4�,, C ♦ •� APPROVED AS TO FORM: * ' ' - • e (CITY ATTORNEY) c:%vpdocs\forms\agreefrm.wg 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): COP Construction LLC Fidelity and Deposit Company of Maryland PO Box 20913 1400 American Lane, Tower I, 18th Floor Billings, MT 59104 Schaumburg, IL 60196-1056 OWNER(Name and Address): City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: Amount: $420,912.00 Four Hundred Twenty Thousand Nine Hundred Twelve Dollars and 00/100 Description(Name and Location): 2016 Bridger Drive Trunk Sewer Main Project, Bozeman, Montana BOND Bond Number: 9185858 Date (Not earlier than Effective Date of Agreement): Amount: $420,912.00 Four Hundred Twenty Thousand Nine Hundred Twelve Dollars and 00/100 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 COP Construction LLC (Seal) Fidelity and Deposit Company of Maryland _ (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: S' nature .� 0 0 Signatu e(Attach Power of Attorney) i1390 � aomi Gerber Print Name Print Name /v?�led az2nk Attorney-in-Fact Titl itle Attest: Attest: Signature Signature Allan Hult ren 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. After 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 CIaims 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 Telephone)PayneWest Insurance, Inc. Surety Agency or Broker: 3289 Gabel Road, Billings, MT 59102 406-238-1914 Owner's Representative En 'veer or other party): EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page of3 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 COP Construction LLC Business): PO Box 20913 Fidelity and Deposit Company of Maryland Billings, MT 59104 1400 American Lane, Tower I, 18th Floor OWNER(Name andAddress): Schaumburg, IL 60196-1056 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: Amount: $420,912.00 Four Hundred Twenty Thousand Nine Hundred Twelve Dollars and 00/100 Description (Name andLocation):2016 Bridger Drive Trunk Sewer Main Project, Bozeman, Montana BOND . Bond Number: 9185858 Date (Not earlier than Effective Date of Agreement): Amount: $420,912.00 Four Hundred Twenty Thousand Nine Hundred Twelve Dollars and 00/100 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 COP Construction LLC (Seal) Fidelity and Deposit Company of Maryland (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: QBy: -- S' ature Signatur (Attach Power of Attorney) � �pV f Naomi Gerber rint Name f� rint Name 41 ]g9� ttorne -in-Fact TitV itle Attest: Attest: Signature Signature c1 A-d e Ll_ ll�`C7D/� Allan Hultgren Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. IMW001504;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 C-615(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 Telepphone)PayneWest Insurance, Inc. Surety Agency or Broker: 3289 Gabel Road, Billings, MT 69102 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 Bond Number 9185858 Obligee: City of Bozeman ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P.Bond,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Naomi Gerber its true and lawful agent and Attorney-in-Fact, to make, execute,seal and deliver, for, and on its behalf as surety,and as its act and deed: any and all bonds and undertaldngs,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 22°d day of July,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND c Psi itNsGg';ya � e��oeroy,���rYYa� -• =o SEAL By: Michael P.Bond '6 Vice President �'y? :�•` +"�� 'tea otros,,,lt?/ 14 By: Eric D.Barnes Secretary State of Maryland County of Baltimore On this 22nd day of July, A.D.2015, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Michael P. Bond,Vice President and Eric D.Barnes,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. �r•i�t;1y•ti� Constance A.Dunn,Notary Public dAi: My Commission Expires:July 9,2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of 120 . oe • 1, 8EAL ,.. � _xt — oz or ltid i ok 1688 Ik «iwa ,{ate Thomas O.McCleIlan,Vice President j. COP CONSTRUCTION LLC P.O.BOX 20913 BILLINGS,MONTANA 59104 406-656-4632 FAX 406-656-4808 E_ CO/�//. TL/ ®®/� 1 I July 1, 2003 To Whom It May Concern: Joe Allen is authorized to sign and execute bid documents and contract documents on behalf of COP Construction LLC. Sincerely, COP C nstruction LLC Edward W. Bedell President saGClfR�rO HEAVY, HIGHWAY, MUNICIPAL-UTILITIES SINCE 1947 AIC ® DATE /YYYY) CERTIFICATE OF LIABILITY INSURANCE os/2s/2016/2o1s 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 Marsh USA,Inc. NAME: One Towne Square,Suite 1100 PHC,N Fa c No); Southfield,MI 48076 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 00272-00272-RAFF-16/17 INSURER A:Zurich American Insurance Company 16535 INSURED COP Construction LLC INSURER B:Allied World Assurance Company(U.S.)Inc. 19489 242 South 64th Street INSURER C:American Zurich Insurance Company 40142 Billings,MT 59106 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-006656090-03 REVISION NUMBER:5 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X GL03486757 04/01/2016 04/01/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 500,OOo MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY�JE 0 M LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X BAP4373312(PP) 04/01/2016 04/01/2017 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A JX ANY AUTO BAP3486756(CML) 04/01/2016 04/01/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ B X UMBRELLA LIAB X OCCUR X X 0310-0734 04/01/2016 04/01/2017 EACH OCCURRENCE $ 7,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 7,000,000 DED I X I RETENTION$5 000 $ Q WORKERS COMPENSATION X WC3486760 04/01/2016 D4/01/2017 X ST_ATUTE ORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:2016 Bridger Drive Trunk Sewer Main Project No,16122. The City of Bozeman,Owner,and Engineer and Engineer's Consultants are included as an additional insured for general liability for ongoing and completed operations and auto liability as required by written contract or written agreement,per policy terms and conditions. XCU and Contractual Liability included in the General Liability,per policy terms and conditions.INSURANCE IS PRIMARY AND NOW CONTRIBUTORY WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION City of Bozeman,MT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:City of Bozeman,MT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 121 North Rouse Avenue,P.O.Box 1230 ACCORDANCE WITH THE POLICY PROVISIONS. Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John C Hurley ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00272 LOC#: Detroit AC o?® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA,Inc. COP Construction LLC 242 South 64th Street POLICY NUMBER Billings,MT 59106 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Waiver of Subrogation applies to General Liability,Auto Liability,Umbrella Uability and Worker's Compensation in favor of the City of Bozeman,Owner,and Engineer and Engineers Consultants,thelrofricers,directors, members,partners,employees,agents,consultants and subcontrators of each where required by written contract.Workers'Compensation does not apply to Monopolistic States(ND,OH,WA,and WY),Puerto Rico,or the Virgin Islands. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) EVIDENCE OF PROPERTY INSURANCE 08/26/2016 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST, AGENCY PHONE COMPANY C o Ext MARSH USA INC. AGCS Marine Insurance Company ONE TOWNE SQUARE,SUITE 1100 SOUTHFIELD,MI 48076 00272-00272-BR447-16/17 FAX EMAIL A/C No): ADDRESS: CODE: SUB CODE: AGENCY C ER D INSURED LOAN NUMBER POLICY NUMBER COP Construction LLC SML93020608 242 South 64th Street Billings,MT 59106 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 07/01/2016 07/01/2017 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LO CATIONIDES CRI PTION RE:2016 Bridger Drive Trunk Sewer Main Project COP Project No.16122. 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 EVIDENCE OF PROPERTY INSURANCE 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, COVERAGE INFORMATION COVERAGE I PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builder's Risk 5,000,000 2,500 Soft Costs 100,000 2,500 Earthquake 5,000,000 25,000 Flood(Zones C or Unshaded X only) 5,000,000 25.000 Wood Frame 1,000,000 Joisted Masonry 2,500,000 REMARKS(including Special Conditions CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST CHI-006656244-01 NAME AND ADDRESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE City of Bozeman,MT LOAN# Attn:Robert Murray 121 North Rouse Avenue,P.O.Box 1230 Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John C Hurley i c ACORD 27(2009/12) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL03486757-12 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization other than an Architect, Any Location or project, other than a wrap-up or Engineer or Surveyor,to whom or to which you are other consolidated insurance program location required to provide additional insured status in a or project for which insurance is otherwise written contract or written agreement,except where separately provided to you by a wrap-up or other such contract or agreement is prohibited by law. consolidated insurance program Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: GL03486757-12 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations Any person or organization other than an Architect Any Location or project, other than a wrap-up or Engineer or Surveyor,to whom or to which you are other consolidated insurance program location required to provide additional insured status in a or project for which insurance is otherwise written contract or written agreement,except where separately provided to you by a wrap-up or other such contract or agreement is prohibited by law. consolidated insurance program Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage or personal and advertising injury "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 0413 Coverage Extension Endorsement ZURICW Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. BAP3486756-12 4/1/2016 4/1/2017 4/1/2016 BAP4373312-07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section 11—Covered Autos Liability Coverage: Tha following are also"insureds": a. Any"employee" of yours is an "insured"while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission,while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto"referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement,or the Limits of Insurance shown in the Declarations,whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured"at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW(04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section 11—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total'loss"to a covered"auto",we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the"loss' (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties,credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto"of the private passenger type is disabled. However,the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW(04-14) Page 2 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto". However,the most we will pay for any expenses for loss of use is$100 per day, to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an"insured'; and (2) In or on a covered"auto". b. Subject to Paragraph a.above,the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace;or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss"to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records,discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same"loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 13.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for"loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio,visual or data electronic devices: (a) Are the property of an "insured'; and (b) Are in a covered"auto"at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW(04-14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered"auto"on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest)deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest)deductible. M. Physical Damage—Comprehensive Coverage—Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered"autos"damaged or stolen,the maximum deductible that will be applied to Comprehensive Coverage for all"loss"from any one cause is$5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered"autos"for Physical Damage Coverage: Any"auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the owner for "loss"to the temporary substitute"auto" unless the"loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident,Claim,Suit Or Loss Paragraph a. of the Duties In The Event Of Accident,Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW(04-14) Page 4 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. agent, servant or employee of the "insured"to notify us of any "accident", claim, "suit"or"loss"shall not invalidate the insurance afforded by this policy. Include,as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit"including, but not limited to, the date and details of such claim or"suit'; (2) The"insured's"name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident"or"loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own: (1) Any covered"auto"you lease, hire, rent or borrow;and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment,Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period,Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered"auto"is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury"in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW(04-14) Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a.of Section III—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss"to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel,gasoline or diesel fuel or any blend thereof is not an"auto"powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW(04-14) Page 6 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Blanket E Notification to Others of Cancellation ZURICHO Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. BAP3486756-12 4/1/2016 4/1/2017 4/1/2016 BAP4373312-07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification providing 60 days notice that such Coverage Part is being cancelled to each person or organization shown in a Schedule provided to us by the first Named Insured. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will deliver electronic notification providing 10 days notice that such Coverage Part is being cancelled to each person or organization shown in a Schedule provided to us by the first Named Insured. C. The Schedules described in Paragraphs A. and B.of this endorsement: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to the policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedules may be updated and provided to us by the first Named Insured during the policy period. Such updated Schedules must comply with Paragraphs 2. 3.and 4. above. D. Our delivery of the electronic notification as described in Paragraphs A. and B. of this endorsement will be based on the most recent Schedules in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A., B. and D. of this endorsement. F. Our delivery of electronic notification described in Paragraphs A., B. and D. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. G. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedules provided to us as described in Paragraphs A., B., C. and D. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-388-A(7194) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U-WC-332-A BLANKET E NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX—CONDITIONS Notification To Others Of Cancellation 1. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will deliver electronic notification providing 60 days notice that such policy is being cancelled to each person or organization shown in a Schedule provided to us by you. 2. If we cancel this policy by written notice to you for nonpayment of premium, we will deliver electronic notification providing 10 days notice that such policy is being cancelled to each person or organization shown in a Schedule provided to us by you. 3. The Schedules described in Paragraphs 1. and 2. of this endorsement: a. Must be initially provided to us within 15 days: (1) After the beginning of the policy period shown in the Declarations; or (2) After this endorsement has been added to the policy; b. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that this policy has been cancelled; c. Must be in an electronic format that is acceptable to us; and d. Must be accurate. Such Schedules may be updated and provided to us by you during the policy period. Such updated Schedules must comply with Paragraphs b., c.and d.above. 4. Our delivery of the electronic notification as described in Paragraphs 1.and 2.of this endorsement will be based on the most recent Schedules in our records as of the date the notice of cancellation is mailed or delivered to you. 5. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs 1., 2. and 4. of this endorsement. 6. Our delivery of electronic notification described in Paragraphs 1., 2. and 4.of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: a. Extend the policy cancellation date; b. Negate the cancellation; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 7. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedules provided to us as described in Paragraphs 1., 2., 3. and 4. of this endorsement. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4/1/2016 Policy No.WC3486760-12 Endorsement No. Insured COP Construction, LLC Premium$ Insurance Company American Zurich Insurance Company U-WC-332-A (Ed. 07-94) Includes copyrighted material of National Council on Compensation Insurance,Inc. used with its permission. Page 1 of 1 Blanket E Notification to others of Cancellation ZURICW Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'I.Prem Return Prem. GL03486757-12 4/1/2016 4/1/2017 4/1/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification providing 60 days notice that such Coverage Part is being cancelled to each person or organization shown in a Schedule provided to us by the first Named Insured. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will deliver electronic notification providing 10 days notice that such Coverage Part is being cancelled to each person or organization shown in a Schedule provided to us by the first Named Insured. C. The Schedules described in Paragraphs A. and B.of this endorsement: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to the policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedules may be updated and provided to us by the first Named Insured during the policy period. Such updated Schedules must comply with Paragraphs 2., 3.and 4.above. D. Our delivery of the electronic notification as described in Paragraphs A. and B. of this endorsement will be based on the most recent Schedules in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A., B. and D. of this endorsement. F. Our delivery of electronic notification described in Paragraphs A., B. and D. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. G. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedules provided to us as described in Paragraphs A., B., C. and D. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1114-A CW(10-02) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. This document has important legal consequences;consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances o€ the contemplated Project and the controlling Laws and Regulations. I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Ia ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and I* } Issued and Published Jointly by �m ACEC 4"A { t131ERIG�\Ct�U�[1L OF C\GI\FFAftiC,COVPAYlFS 3K11t B!{y�}"/A C♦. Imeo3ar ASCEAmerican Society National Society of ofProfessional Engineers Civil Engineers Professional Engineers in Private Practice ly AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS INPRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by f s � f CONSTRUCTION SPECIFICATIONS INSTITUTE �t EJCDC C•700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserred. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions) Their provisions are interrelated Mid a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC =001, 2007 Edition). Forguidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition). Copyright©2007 National Satiety of Professional Engineers 1420 Ding Street,Alexandria,' 22314-2794 (703)684 2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W.,Washington,DC 20005 (202)347-7474 www.acec.orir American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 (800)548 2723 www.asee.org Associated General Contractors of America 2300 Wilson Boulevard,Suite 400,Arlington;VA 22201-3308 (703)548--3118 www.agc.org - The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright b 2007 National Society of Professional Engineers for EJCDC. All rights reserved: (f STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CON-TRACT, TABLE OF CONTENTS Page Article 1 —Definitions and Terminology .1 : 1A1 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,Beuse .. ... ... . ..,........................................ 8 3.01 Intent. 8 3.02 Reference Standards; 8 3.03 Reporting and Resolving Discrepancies.. ........ ... ...... ........ .... ....: ........: .... ... ...,. .. ......9 3.04 Amending 3.05 Reuse of Docand Supplementing Contract Documents..... .... ...: ......-- uments. ....... .. ..... ........ ........ .. . ..... ......... .... ... .. ......: 10....... .... ... .... 3.06 Electronic Data. 10 Article 4—Availability of Lands;Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points.. ...11 Availability of Lands.. -_ -_.......4.01 ..................... ..................................: .... .. .......: 11 4.02 Subsurface and Physical 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 ..................... .16 5.01 Performance,Payment,and Other Bonds: . .....: ....... ..... ......: . ...... ...... ....16 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....... ...... ..... . ....... ..... ........ .` ....... .................I.......19 5.06 Property Insurance...: .. ...... . 5.07 Waiv ... . ...... .. .... 9 er of Rights...... ..: ... .....: .... ...... ..... ........: ....... 20 5.08 Receipt and Application of Insurance Proceeds... .............., ..'. .......: ............ . .... .............21 EJCDC C 700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC.All rights reserved. _ Pagei _ 5.09 ,Accept of Bond�and Insurance,Op�ionto Replabe „21 5.10 Partial Utilization,Acknowl�slgment of Propurt Insutrer „ _ I Article 6-Contractor's Responsibiliti es r 22 6.01 Supervision and Superintendence ...22 6,02 Labor,Working Hours........:. .... ,..,.... , ...,..... .,..., .,.....: .,....., , ... ..... , .......... ,.........22 6.03 Services,Materials,and Equipment ........ ............ ..... ........ ... ..... . ........ ......... ....... ...22 6.04 Progress Schedule.... ...4...: ...23 I 6,05 Substitutes and"Or-Equals. .........I. ....... . ........ ....... ........ ........ ....... ........... ....... ....23 I 6.06 Concerning Subcontractors,Suppliers,and-Others ........ .......... ...... ..25 6.07 Patent Fees and Royalties 27 6.08 Permits................................................................................. . ....... ......... .. ...... .. ....... ............27 5.09 Laves and Regulations. .28 6.10 Taxes... ... .... ........: . ...... .28 6.11 Use of Site and Other Areas.......................................................... ....... ...- ...............................28 6.12 Record Documents,..: ............................ . ..... . .. .....:. . ,......................I...... „ .,..... .I... ... ............29 6.13 Safety and Protection ...29 6.14 Safety Representative ........ ......... . ....... ........ ..., .... , ... .... ..... ., ..,, ..... , ....... ...30 6.15 Hazard Cornlnunication Programs.,; ,,..... .. ...... ........ .., ....:......, . ....... ........ ....... ...30 6,16 Emergencies. ,30 6.17 Shop Drawings and Samples .31 6,18 Continuing the Work. 32....�, ......; .... .. 6,19 Contractor's General U1�arrar ty and Guarantee....> ........... ....... .I .. .... , ....... ,,y. ..,.... ...33 6.20 Indemnification .33 6.21 Delegation of Professional Design Services ...< .......: . ,,,,., . .,.., ,.. ...34 Article 7=Othef Work at the Site: ........ ........ ........:.. ...... ........ . ....... . ....... . ....... . ......... ...... ...35 7.01 Related Work at Site. 35 7.02 Coordination..., ......I ......................` .: . .......: ........ ........ ................................. . ....... . ....... ...35 7,03 legal Relationship, .36 Article 8-Owner's Responsibilities.......:. .......: ........ ... ..... ....................................... ... ....... .......♦...36 8.01 Communications to Contractor.............................................. .36 8.02 Replacement of Engineer. ,36 8.03 Furnish Data.. . ......... ...... .. ....... .. ........: ........ ......... ......... ........ . ....... . ....... ..... ... ...36 8,04 Pay When Due........................ ........ .......... ....... ......... ....... .....<................. , ..,,.> ..... .I ...36 8,05 Lands and Easements;Reports and Tests..: ................................... ........ ....... . ....... ........ ...36 8.06 insurance.. .36 8.07 change Orders; _37 8.08 Inspections,Tests,and Approvals, .37 8.09 Iiinitations on Owner's Responsibilities... ......... . ...... .., .,.,, ,...:..............37 8.10 Undisclosed Hazardous Environmental Condition....,.,,.........,3.. ., . ........ . ....... ..37 8.11 Evidence of Financial Arrangements .37 8.12 Compliance with Safety Program. .37 Article 9-Engineer's Status During Construction .37 9.01 Owner's Representative----,'. ......... ........ ........................................................ ......... ...37 EJCDC C-700 standard General Conditions of the Construction Contract Copyright Q 2007 National Society of Professional Engineers far EJCDC. l r_htssetxed page u 9.02 Visits to Site, .37 9.03 Project Representative ......: ..; ..38 9.04 Authorized Variations m Work.... ...... .: .......:...38 9.05 Rejecting Defective Work,. .38 9,06 Shop Drawings,Change Orders and Payments 39 I, 9.07 Determinations for Unit Price Work............. ..................................................39 9.08 Decisions on Requirements of Contract Documents ani Acceptability of Work...... .............39 9.09 Limitations on Engineer's Authority and Responsibilities ..39 9.10, Compliance with Safety Program.: .......: ........ ......... ........: ....... ......: . .......: . ...........40 Article 10-Changes in the Work;Claims 40 I 10.01 Authorized Changes in the Work. .40 in the Work ....... ........ .......: .......: ...., ... ,. ...... ....41 10.02 Unauthorized Changes 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 Work: .......: ........: ........; ........: ......... ........ ....42 11.01 .. ... ...:Cost of the Work ., . .., ., .. 42 11.02 Allowances........................................................................................................ ........ . ............45 11.03 Unit Price Work...... ....... ....... ......... ........: ...... ........ ....... .. ...........45 F 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 12.03 Delays............................................................... .....: .,..... . .....,.: ... ....: . ...... ...... ......., ... ..47 I, Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work.............. . .48 13.01 Notice of Defects. 48 �£ 13.02 Access to Work ....... .48 13.03 Tests and Inspections ......... ........ ........: ......... ........ .......: ....... . ....... . ....... ....49 13.04 Uncovering Work. 49 {r 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....... .51 13.09 Owner May Correct Defective Work ... 52 Article 14-Payments to Contractor and Completion... .. .....: .......: .......: ...........52 -- 14.01 Schedule of Values... ........: .....::. ........: ........ ........ ........ ......... .. ....... ......... ............52 14.02 Progress Payments...; ....... . ...52 i 14.03 Contractor's Warranty of Title.......................................... .......; ....... ....,.. ... ... .....55 14-04 Substantial Completion. 55 14.05 Partial Utilization..... . .......: ........: .......... ........ .,............................................. . ........ ....... . ...56 14.06 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 I 14.09 Waiver of Claims, .58 Article 15—Suspension of Work and Termination......, ...I... . . ......,,.,... .... .... ... ...59 15.01 Owner May Suspend Work. ,59 15.02 owner May Terminate for Cause. 59 ...., 15.03 Owner May Terminate;For Convenience : . ......: ......,y .......; ....... ....... . ...........60 15.04 Contractor May Stop Work or Terminate. .60 Article 16—Dispute Resolution.... ......... .. ......: ........ . .. ...... .. ..... ...............................................61 16.01 Methods and Procedures......: .......... ....... ......... .. ...... ......... . ....... ........ ........ ........ .`...61 Article 17—Miscellaneous.... . ........ ..... ................ ..... .............„ ... ..... ........ ......... ....... .. . ........ ..61 17.01 Giving Notice. .61 17.02 Computation of Times................................................................... ....... ....... . ..... .. . ...........62 17.03 Cumulative Remedies..... ... .. . .... : ................. . ........ ...., ., . ........ . ......... ........ .. . ..... ...62 17.04 Survival of Obligations............ .... ........ ..... ,.. ........ .... . ... . ........ .......... , ...... . ....... ...62 17.05 Controlling Lary.................................................................................................., ............ .. ......62 17.06 Headings. .62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pageiv i ARTICLE 1—DEFINITIONS AND TERMINOLOGY - ($ 1.01 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.-hv addition to terms specifically defined, terms with initial capital letters in the Contract.Documents include references to identified articles and paragraphs, and the titles of other documents or forms.- 1. Addenda Written or-graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and I+ Contractor covering the Work. 3. Application far Payment The form acceptable to Engineer which is to be used by Contractor I3 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 friable or is releasing-asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health A& nistratiori. I 5. Bid The offer or proposal of a Bidder----submitted on-the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—Th& Bidding,Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid 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 or an adjustment in the- Contract-Price or the Contract Times,issued on orafter the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking,an adjustment 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 Coftfiltetion Conf-net Copyright O 2007'National Society of Professional Engineers forF-JCDC.All rights reserved. Page 2 of 62 12. Contract Documents—Those items soi designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are 'Contract Documents, Approved' Shop Drawings, other Contractor submittals-, and the reports and drawings of subsurface and physical conditions are not Contact Documents. 13. Contract Price The moneys payable by Owner-to Contractor for completion of the Work in accordance with the Contract -Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 inthe ease of Uhit Pnbe Work). 14. Contract Times—The number of days or the dates stated in the Agreement to (i) achieve Milestones,if any; (ii)achieve Substantial Completion; and (iii)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 whom Owner has entered into the Agreement. 16 Cost of the-Work—See Paragraph 11.01 for definition. 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 and-other Contractor submittals are not Drawings as so defined. 18 Effective Date of the Agreement—The elate indicatedin the-Agreement on which it becomes effective,but if no such date is indicated,it means the date on which the Agreement is signed and delivered by the lastof the two parties to sign and deliver. 19 Engineer—The individual or entity named as such in the Agreement. 20.Field Order---A written order issued by Engineer which requires minor changes in the Work but which does.not involve a change-in-the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22.Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23 Hazardous Waste The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903)as amended from time to time. i 24 Daws and Regulations,` or Regulations-Any and all applicable laws,rules,regulations, ordinances, codes, and orders of-any and all governmental bodies, agencies, authorities, and courts having jurisdiction.' i 25s Liens Charges, security interests; or encumbrances upon Project funds, real;property, or personal property. 3 26:Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. j EJCDC C-700 Standard General Conditions of the Construction Contract 1 Copyright©2007 National Society of Professional Engineers for iu 1CDC.Altxights reserQed 1 Page 2 of 62Y i 27. Notice of Award The written notice by-Owner-to--the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28.Notice to Proeeed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall-start to perform the Work under the Contract Documents. 29. Owner The individual or entity with whom Contractor has entered into the Agmement and for whom the Work is to be performed. 30.-PCBs—Polychlorinated biphenyls. 31.Petroleum—_Petroleum,including crude oil or any fraction thereof which is liquid at standard 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 sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. " 33.Project—The total construction of which the Work to be performed under the Contract j` Documents may be the whole,or a part. l 34.Project Manual—The bound documentary information prepared for-bidding-and constructing the Work. A listing of the contents of the Project Manual, which may-be bound in one or 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 be assigned to the Site or any part thereof 37.Samples—Physical examples of materials,equipment,or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals_A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities, 39.Schedule o Values A schedule prepared and maintained b Contractor, allocatin onions .f , p p. y g p of the Contract Price to various portions of the Work and used as the basis for reviewing; Contractor's Applications for Payment. EJCDC'C-700 Standard General Conditions of the Construetiort Gontrac Copyright O 2007 National Society of Professional Engineers for FUCOC, All riglstsreserved. Page 3 of 62 40. Sbop Drawings All drawings,--diagrams, illustrations, schedules, and- other data or information which:are specifically prepared or assembled by odor Vontractor and submitted by Contractor to illustrate some portion of the Work: 41. Site Lands or areas indicated in the Contract Documents as being fuunished by Owner upon which the Work isto be performed,including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. ,specifications—That part of the 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 Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, ;in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work(or a specified part thereof) can be utilized for the purposes for which it is intended. The terms"substantially complete"and-"substantially completed"as applied to:all or part of the Work refer to Substantial Completion thereof. 45.Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 46.Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor,materialman,'or vendor having a direct contract with Contractor or with any Subcontractor to furnish m_aterials or equipment to be incorporated-in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, :wires, manholes,vaults,tanks,tunnels,or other such facilities or attachments,and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid' petroleum products,telephone or other communications, cable television, water;wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 49 Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work-The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents.Work includes and is the result of performing or providing all labor,services,and documentation necessary to produce such construction, and furnishing, installing, and incorporating all niateridls 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 an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National;ociety of Professional Engineers far—Q- C.All rights reserved Page 4 of 62 t 1 i addition, deletion, or revision in the Work, or- responding to differing,or unforeseen subsurface or physical -conditions under which 'the Work is to be performed or,to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the--parties expect that the change ordered or documented by a Work Change Directive will be incorporated nI a subsequently issued Change Order following negotiations by the parties as to its effect,if any,;on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through Fare not defined but,when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms as allowed, - as approved, as ordered, as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or 'adjectives of Like effect or import are used;to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, -in general; the Work for compliance with the information in the Contract Documents and with the design concept of the Project'as a functioning whole as shown or indicated in the Contract Documents (unless (3 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 i or authority to undertake- responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. I' C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next (' midnight. D. Defective: h1. The word "defective," when -modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: ` a. does not conform to the Contract Documents;or b. does not meet the requirements of;any applicable inspection, reference standard, test, or �{ approval referred to in the Contract Documents;or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). �£ EJCDC C-760 Standard General Conditions a1 tFie Construction Coritract Copyright CJ 2007 National Society of Professional Engineers forJCDC. All rights reserved. Page 5 of 62 1 E. Furnish,Install,Perform,Provide. 1. The word "furnish;"when used in connection with;services, materials, or equipment, shall mean to supply and,deliver said services,materials, or equipment to the-Site--(or some other specified location)ready for use or installation and in usable--or operable condition. 2. The ward "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services,materials,or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or j 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 content 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 are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of-Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner,Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. a B. Evidence of Insurance: Before any Work at the Site is started,'Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in "the Supplementary` I Conditions,certificates of insurance(and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual.Additional copies will be furnished upon request at the cost of reproduction. 2.03 Comniencement of Contract timei;N,6ifce to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or,if a Notice to Proceed is given, on the day indicated m the Notice to Proceed.A j Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement.In no event will the Contract Times commence to run later than the sixtieth day after j the day of Bid opening or the thirtieth day after the Effective Date of the Agreement,whichever date is earlier. EJCDC C'.700 Standard Cenral Conditions of e Coos-ntion Cantraet Copyright©2007 National Society of professional Engineers for EJCDC.,AAllrightsreserve( Page 6 of 62 I i 2.04 Starting the Work, A. Contractor shall start to perform the Work on the date when the Contract Times commence to run.No Work shall be done at the Site prior to the date on which the Contract Times commence to run. I, 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective; Date of the Agreement (unless otherwise specked 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 Mlestones specified in the It Contract Documents; 2 a preliminary Schedule of Submittals;and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include-an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference-,Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.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,a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract`: Such individuals shall have the authority to transmit 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 l0 Aays before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No ro ess a ent shall be made to Contractor until acceptable -progress gr P Ym P 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 EJCtiC C-700 Standard General Conditions of the Construction Gonfract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 7?of 62 Engineer responsibility for the Progress Schedule,for sequencing,scheduling, or,progress of the Work, nor interfere with or relieve Contractor from- Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3-CONTRACT DOCUMENTS:`INTENT,AMENDING,REUSE 3.01 Intent I A. The Contract Documents are complementary; what is required by one is as binding as if required by all. ;1 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 j 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 j Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards i A. Standards,Specifications,Codes,Laws,and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, I organization,or association,or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard,specification,manual,code, or Laws or Regulations l in effect at the time of opening of Bids (or on the Effective Date of the:Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents.No such provision or instruction shall be effective to assign to Owner,Engineer,or any of their officers,directors,members,partners, employees,agents, consultants,or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 standard Generai Coalitions 6 the Conshnttion Cant art Copyright©2007 National society of Professional Engineers for JUCDC. All_rightsreserved. Page 8 of 62 i 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each Ir 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 affected thereby. 2 Contractor's Review of Contract Documents During Performance of 13'ork: If, during the performance of the Work,Contractor discovers any`conflict,error,ambiguity,or discrepancy I 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 A 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 6.16A) 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 specifically incorporated by reference in the Contract Documents);or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions,-deletions, and revisions in 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 variations and deviations in the Work may be authorized,by one or more of the following ways: EJCDC G-700 Standard General Conditiot of the Conshvction Contract Copyright eU 2007 National Society of Professional Engineers forit PC. All rights reserved Page 9 of 62 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6,17.D.3);or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof)prepared by or bearing the seal of Engineer or its consultants,including electronic media editions;or 2. reuse any such Drawings,Specifications,other documents,or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. 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. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that inay be relied upon are limited to the printed copies(also known as hard copies).Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data'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 from the use of software application packages,operating systems,or computer hardware differing from those used by the data's creator; EJCDC C 704 standard General Conditions of the Co�isiructio�C7�ntract Copyright©2007 National Society of Professional EngineersforEJCDC. All rights reserved Page 10 of 62 ARTICLE 4—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; I- HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 4.01 Availability of Lands (* A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a`timely manner and pay for 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 Tunes,or both,as a result of any delay in Owner's furnishing the Site lu or a part thereof,Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of hrecord legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. I: 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. I, 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: l: those reports known to Owner of explorations and tests of subsurface conditions at or (' contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). I$ 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 or make any claim against Owner or Engineer,or any of their officers,directors,members,partners, employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or any Contractor interpretation of or conclusion drawn from any-"technical data" or any such other data;interpretations;opinions,or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 4.03 Differing Subsurface or Plrysk4i Col�ditians A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any'`technical data"on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate;or 1 2. is of such a nature as to require a change in the Contract Documents;or 3. differs materially from that shown or indicated in the Contract Documents;or 4, is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or;performing any Work in connection therewith (except in an emergency as required by Paragraph 6,16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or;perform any Work in connection j 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 4.03.A,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 findings and conclusions. C. Possible Price and Times Adjustments: a 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however,to the following. a. such condition must meet any one or more of the categories described in Paragraph I 403.A;and b. with respect to Work'that is aid for on a unit price basis, any adjustment in Contract ! p P Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2.-Contractor shall not be entitled to any adjustment m the Contract Price or ContractTimes if. a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becouing bound under a negotiated contract,or b. the existence of such_condition could reasonably have been&S-covere-d or revealed as a result of any examination, investigation, exploration, test, or study of the Site and ki6D6C-760 Standard General Conditions ofthe eonstfUttibn G9571r8 t Copyright©2007 National Society of Professional Engineers-for EJCDC. All rightsxeserved. Page 12 of 62 l 1 i contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment,or c. Contractor failed to give the written notice as required by Paragraph 4A3.A. 3 If Owner and Contractor 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, a Claim may be made--therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any I, of their officers, directors, members, partners, employees; agents, consultants, or subcontractors shall be liable to Contractor for any claims,i 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. IR 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: , 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such Iz information or data provided by others.and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall' have full responsibility for: a. reviewing and checking all such information and data; A locating all Underground Facilities shown or indicated in the Contract Documents; e. coordination of the Work with the owners of such Underground Facilities, including Owner,during'construction;'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 j Documents, Contractor shall, promptly after becoming aware thereof- and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 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, to which a change is required in the Contract Documents to reflect and document the EJCDC'C-700 Standard General Conditions of the Construction Contract Copyright O 2007,National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 1 consequences of the existence or location of the Underground Facility. During such time, 3 Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents-is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location-of any Underground.Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated.If Owner and Contractor are unable to agree on entitlement to or on the amount or extent,if any,of any such adjustment in Contract Price } or Contract Times,Owner or Contractor.may make a Claim therefor as provided in Paragraph J 10.05 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work,shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall.report to Engineer`whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel: 3 4.06 Hazardous Environmental"Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. 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 1 Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer,or any of their officers,directors members,partners, employees,agents,consultants,or subcontractors with respect to., 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means;;methods, techniques; sequences and procedures of construction-to be employed by Contractor and safety precautions and programs incident ' thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of'or conclusion drawn from;any"technical data" or any such other data,interpretations,opinions or information. EJCDC C-700 Standard General Conditions of the Constraetion Cantract Copyright 2007 National Society of Professional Engineers-for EJi DC. All rights reserved Page 14"of 62 i C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated iri Drawings or Specifications or identified in the Contract Documents to be within the scope of the-Work. Contractor shall be responsible for f 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 Environmental 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 616.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 Itimely obtain required permits and provide Contractor the written notice required by Paragraph 406.E. I, E. Contractor shall not be. required to resume Work in connection with such condition 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` I, been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely.If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any-of any adjustment in Contract Price or Contract Times, or both,as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt o€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 ermitted b Laws and Regulations, Owner ''shall indemnify and hold P y � _ _fY harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members; �x partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims,costs,losses,and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown 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 O 2007'National Society of Professional Engineers for EJCDC All rights reserved. { Page 15 of 62 I i H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims,costs,losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, 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 A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. I B. All bonds shall be in the form prescribed by the Contract Documents except as provided (� otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial I Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. 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 part of the Project is located or it ceases to meet the requirements of Paragraph 5.0l.B, 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 5.013 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or 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 General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 meet such additional requirements and qualifi cations as may be provided in the Supplementary Conditions. I,. 5.03 Certificates of Insurance 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. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee 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. I. C. Failure of Owner to demand such certificates or 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 Ghat insurance coverage and limits established in this Contract I. necessarily will be adequate to protect Contractor. E. The--insurance--and insurance limits required herein shall not be deemed as a limitation on I, Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being' performed and-as will provide protection from claims set forth below which mayl arise out of or result from Contractor's performance of the Work and.Contractor's other obligations under the Contract Documents,whether it is to be performed by Contractor,any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be=liable, 1. claims under workers' compensation, disability benefits, and other similar employee benefit cacts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury,sickness or disease,or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably-available personal injury liability coverage which are sustained: VJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for i JCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor,or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located,including loss of use resulting therefrom; 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. B. The policies of insurance required by this Paragraph 5.04 shall: 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 j insureds, and include coverage for the respective officers, directors, members, partners, i employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled,materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary i Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may ! be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and I 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the I i 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 i final payment and one year thereafter. f EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 f Ix 5.05 Owner's Llabzlity Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph-5.04,Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 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 thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required-by Laws and Regulations).--This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other I3 fi 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 interest and shall be listed as a loss payee; 2. be written on a Builder's Risk"all-risk"policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss:' fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, 1 water damage(other than that caused by flood),and such other perils or causes of loss as may be specifically-required-by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers and architects); 4 cover materials and equip ment stored at the Site or at another location that was a q P agreed to in j writing by Owner prior to being incorporated in the Work;provided that such materials and ( equipment have been included in an Application for Payment recommended by Engineer; j 5 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 30 days written notice to each`other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property PP p riY 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 tfie ibdnl fiction Confraef Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 52 i members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. I. i 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. The 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 the purchaser's own expense. ` 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 such 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 not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in 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 against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. i 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 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 20 of 62 1. loss due to---business,interruption, loss-of use, or other consequential loss extending beyond direct physical loss or damage 46 Owner's property or the Work causedby,arising out of or resulting from fire or other perils whether or not insured by Owner;and 2. loss or damage to the completed Project or part thereof caused by arising out of,or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or---part thereof by Owner during partial utilization pursuant to Paragraph 14.05,-after Substantial Completion pursuant to Paragraph 14.04, or after final' (+ payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of an such loss, damage, or consequential loss, the insurers will have no rights of recovery y g q 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 I. 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-the Loss payees ieir interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 508.B. Owner shall deposit in a separate account`any money se received and shall distribute it in accordance With such agreement as-the-parties in interest--may reach.If no other special agreement is reached, the damaged Work shall be repaired or replaced; the moneys so received-applied on account I: 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 objection 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 interest, Owner as fiduciary shall give bond for the proper performance of suchduties 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or 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-conformance with 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 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as tke 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 parry 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 parry's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 02007'National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 i interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization,Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have 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. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. 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 in and expressly required by the Contract Documents. I. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours I. A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. 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 Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services,materials,equipment, labor,transportation, construction equipment I and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, I temporary facilities, and all other facilities and incidentals necessary for the performance, testing, ` start-up,and completion of 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 22 of 62 it B, All materials and equipment incorporated into the Work shallbe as specified or,if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. Al special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. >f required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the source,kind,and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected; erected, protected, used,cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1.` Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.07) 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` applicable thereto. I Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. I, 6.05 Substitutes and"Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents I, 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 or is followed by words 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 may be submitted to Engineer for review under the circumstances described below. 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; Ii related Work will be required, it may be considered 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 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if. a. in the-exercise-of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength,and design characteristics; EJCDC C-700 Standard General Conditionsof the Construction Contract Copyright O 2007'National Society of Professional Engineers for EJCDC. All rights reserved Page 23 of 62 1 i 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and I. 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that,if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and I. 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: I. a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to I. 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 substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as I. supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use.The application: I. 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: I: i a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in I any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 it G) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified,and b) available engineering,sales;maintenance,repair,and replacement services;and 4) shall contain an itemized estimate of all costs or-credits-that will result directly or indirectly from use of such substitute item,including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, I, 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 I, 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 will be similar to those provided in Paragraph 6.05.A.2. I, 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 I, 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 writing of any negative determination. 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. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute I. proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.65.13.Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with ' Owner)resulting from the acceptance of each proposed substitute. I� 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.B), 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 Constrmfion Gontracf Copyright O 2007'National Society of Professional Engineers for EJCDC All rights reserved. Page 25 of 62 1. required to employ any -Subcontractor, -Supplier,--or other individual or entity to furnish or perform any of th&Work-against wh om Contractorhas reason4wobjection. B. If the Supplementary Conditionsrequire the identity of certain-Subcontractors.-Suppliers,or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date priorto the Effective Date-of the Agreement,and if Contractorhas submitted a list I. thereof in accordance with the Supplementary- Conditions,-Owner's acceptance(either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents)of any such Subcontractor,Supplier,or other I. 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 the Contract Price will be adjusted by the difference in We cost occasioned by such replacement, and an appropriate ChanRe Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier,or other individual or entity, whether initially or as a-replacement,shall constitute a waiver of 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 I. 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 in the Con-tract Documents: 1, shall create for the benefit of any such Subcontractor,Supplier, or other individual or entity any contractual -relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity,nor 2. shall create any obligationon the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or -other individual or entity except as may otherwise be required by Laws and Regu lations-, D. Contractor shall be solely responsible for scheduling andcoordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work-under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities 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 not control Contractor in dividing the Work among Subcontractors or Suppliers-or delineating the Work-to be performed by any specific-trad-e. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms- and conditions- of the Contract Documents fox the benefit of Owner and Engirlptr; Whenever any such agreement is with a Subcontractor or Supplier fib 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 0 2007 National Society of Profemional Engineersfor E"C. All rights reserved. Page 26 of 62 Contractor, Engineer; and all other individuals or entities identified in the Supplementary- Conditions to be listed as insureds 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,relating to,or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work.If the insurers on any such policies require separate waiver forms to be--signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, �a product,or device which is the subject of patent rights or copyrights held by-others,If a particular invention, design, process, product, or device is-specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is I2 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. I¢ B. To the fullest extent permittedl 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 rt 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 i' infringement of patent rightsor copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention,design,process,product,or device Specified in the Contract Documents,but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by-Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer,and the officers,directors,members,partners,employees, agents, consultants and subcontractors of each and any of them from and against all claims,costs,losses,` and damages (including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs-)arising out of or relating to any, infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention,` design,process,product,or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the-supplementary Conditions,Contractor shall obtain and pay for all coast action 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,or,; if there are no Bids,on the Effective Date of the Agreement.Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. I EJCDC C-700 Standard General Conditions of the Construction Contract III Copyright Q 2067 National Society of Professional Engineers for EJCDC. Alt- rights reserved. Page 27 of 62 i 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for i monitoring Contractor's compliance with any Laws or Regulations. I B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all i 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 i Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids)having an effect on the cost or time of performance 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 by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment,the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 by any such owner or occupant against Owner; Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. I, B. Removal of Debris During Performance o,f the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, (, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other- debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner.At the completion of the Work Contractor shall remove from the Site'all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated-for alteration;by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure,nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one 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 be delivered to Engineer for Owner. 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 damage,injury or loss to: 1 all persons on the Site or who maybe affected by the Work; 2 all the Work and materials and equipment to be incorporated therein,whether in storage on or off the Site;and I other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, 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 a pp licable Laws and Regulations relating to the safety of 15 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 O 2007 National Society of Professional Engineers for FJCDC.All rights reserved. Page 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation,and replacement of theirpropeAy. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety-programs that are applicable to the Work. I D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while` at the Site. E. All damage,injury, or loss to any property:referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly,in whole or in part,by Contractor,any Subcontractor,Supplier,or any other individual or entity directly or indirectly employed by any of them to perform any of;the Work,or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them,or anyone for whose acts any of them may be liable,-and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier;or other individual or entity directly or indirectly employed by any of them) F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and-experienced safety;representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. [ 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act -to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice 4f Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contra Copyright©2007 National Society of Professional Engineers for EJCDC. All rightsreserved: Page 30;of 62 Ix required because of the action taken by Contractor in response_to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will--be identified as Engineer may require. 1♦ Shop Drawings: a. Submit number of copies specified in the General Requirements. I b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions,specified performance and design criteria,materials,and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2.; Samples: a. Submit number of Samples specifiedin the Specifications. 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. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will belt the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample,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 Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work;and d. determined and verified all information relative to Contractor's responsibilities for means, 'methods, techniques, sequences; and procedures of construction, and safety precautions and programs incident thereto: EJCnC 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 Each'submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract I Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop I Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer.Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to mans,methods,techniques,sequences,or procedures of construction(except where a particular means,method,technique,sequence,or Procedure of construction is specifically and expressly called for by the Contract Documents) I 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 in which the item functions. I. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied` with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific'written notation thereof incorporated in or accompanying the Shop` Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1 E. Resubmival Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work - - - — , A. Contractor shall carryon the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any J disputes or disagreements,except as permitted by Paragraph 15.04 or as,Owner and Contractor may otherwise agree in writing. 1 EJCDC C-70ii Standard General Conditions of the Construction Contract Copyright©2007±National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 �l I I{ 6.19 Contractor's Genejv1 Warranty and Guarantee A. Contractor warrants and guarantees to Owner that, all Work' will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents; consultants, and subcontractors ,shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse,modification,or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: l.` observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner. 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval`of a Shop Drawing or Sample submittal or the issuance of a notice IJ of acceptability by Engineer; - any inspection,test,or approval by others;or 7. any correction of defective Work by Owner. � 6.20 Indemnica€ion A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer,and the officers,directors,members,partners,employees, agents, consultants and-subcontractors of each and any of them from and against all claims,costs,losses, and damages (including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to the performance of the-Work,-provided that any such claim,cost,loss,or damage is attributable to bodily injury, sickness;disease, or'death-, or to injury to or destruction of tangible property(other than the Work itself),including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor,any Subcontractor,any Supplier,or any individual"or entity directly or indirectly employed by any of them to-perform any of the Work or anyone for whose acts any of them may be liable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers forE.TCDC. All rights reserved: Page 33 of 62 i B. In any and all claims against Owner or Engiuwr or any flf their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee for the survivor or personal representative of such employee)of Contractor, any Subcontractor, any Supplier,or any individual or entity directly or indirectly employedby any of them toperform any of the Work,or anyone for whose acts any of them may liable,the indemnification obligation under Paragraph I 6.20.A shall not be limited in anyway by any limitation on-the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20A shall not extend to the I liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of, 1 1.` the preparation or approval of,or the failure to prepare or approve traps,Drawings,opinions, reports,surveys,Change Orders,designs,or Specifications,or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the I injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be--required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services I are required to carry out Contractor's responsibilities for construction -means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B, If professional design services or certifications by a design professional related to systems, materials or equipment-are specifically required of Contractor'by the Contract Documents,Owner I 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. I C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of a the services,certifications or approvals performed by such design professionals,provided Owner - and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant Jo this- Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.1'7.D.1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyrigt Oh 2007 National Society of Professional Engineers for EJCDC. All rights reserved-,-- Page 34 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria- required by the Contract Documents. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work-at Site . A. Owner may perform other work related to the Project-at theSite with Owner'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:_ i1. written notice thereof will be given to Contractor prior to starting any such other work;and 2 if Owner and Contractor 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 that should be allowed as a I3 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 party to such a direct contract,each utility I. 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 Ix 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, or Ix 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 I; 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. I, 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 it I, unavailable or unsuitable for the proper execution and results of Contractor's Work.Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. I 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: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; ff 2.` the specific matters to be covered by such authority and responsibility will be itemized;and I, 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers For EJCDC.,All rights reserved. ' Page 35 of 62 i B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. 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 costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to 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 to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer- A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Dice A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys i to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or i subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 I, 8.07 Change Orders A: Owner is obligated to execute Change Orders as indicated-in Paragraph 10.03. 8.08 Inspections,;Tests,and Approvals A. Owner's responsibility with:respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. I, 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means,methods,techniques, sequences, or procedures of construction, or the safety precautions and programs incident'thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Iw Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition I A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set ff forth in Paragraph 4.06. I 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program 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 pursuantto Paragraph 6.13.D. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. I 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed'Work.Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with_ the Contract Documents.Engineer will not be required to make exhaustive-or' EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 continuous inspections on the Site to check the quality orquantity of the Work,Engineer's efforts will be directed toward providing for Owner a greater degree of confidence-that Ihe completed Work will conform generally to the Contract Documents. On the basis of such visits and observations,Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the:limitations on Engineer's authority and responsibility set forth in Paragraph 9.09.Particularly,but without limitation,during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences,or procedures of construction,or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 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 in 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 and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price-or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or 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 in Paragraph 10.05. 9.05 Rejecting Defective Work 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 completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or festing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated,installed,or completed. j EJCDC C-700 Standard General Conditions ofifihe Cons[rncHon Contract- Copyright©2007 National Society of Professional ingineers for PJ CDC. All riglits reserved. Page 38'of 62 l i 9.06 -Shop Prawings,Change Orders and payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples,see Paragraph 6.11 -B. In 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. Ie C. in connection with Engineer's authority as to Change Orders,see Articles 10, 11,and 12. Ij D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work 7 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 Ix 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 Contract Documents-and-Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge 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 Work,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. 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 If Contract Price or Contract Times or both,a Claim may be made under Paragraph 10.05.The date of Engineer's decision shall be the'date of the event giving rise to the issues referenced for the purposes of Paragraph 10A5.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor,subject to the provisions of Paragraph 10.05. D. When functioning-as interpreter and judge under this Paragraph 9.081 Engineer will not show partiality to Owner or Contractor and will not be_liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard tieneral Conditions of the-6 cdoh Contract Copyright©2DUTIATational Society of Professional Engineers for,EJC-DC.rillrights reserved. Page 34 of 62 I exercise such authority or responsibility or the undeital�ing, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor,-any Subcontractor, any:Supplier, any other individual or entity,or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means,methods,techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.Engineer will not be responsible for; Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier,or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules,guarantees, bonds, certificates of inspection,' tests and approvals,and other documentation required to be delivered by Paragraph 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 9.09 shall also apply to the Resident Project Representative,if any,and assistants,if any. 9.10 Compliance with Safety Program ' A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10—CHANGES IN THE WORD;CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed' with the Work involved which 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,if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 1005. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 10.02 Unauthorfed Changes in the Work I3 A. Contractor shall not be entitled to an increase-h the Contract Price -or--,-an extension of the Contract Times with respect to any work performed that is---not required by--the Contract Documents as amended;modified,or supplemented as provided in Paragraph 3.04 except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as in Paragraph 13.04D.provided 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended: by Engineer covering- 1 changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01A, (ii) If required because of acceptance of defective Work under, Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09 or(iii)agreed to by the parties; Iy 2 changes in the Contract Price or Contract Times which are agreed to by the parties,including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to: Paragraph- 10A5; 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 carryon the Work and adhere to the LProgress Schedule as provided in Paragraph 6.18.A. 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 a 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. B. 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 later than 30 days)after the start of the event giving rise thereto.The responsibility to substantiate a Claim shall rest with 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 Gonteact Copyright©2007'National Society of Professional Engineers for FJCDC.Afi rights reserved. Page 41 of 62 i g i shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing parry 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 the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim;or i 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer'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 denial. D. In the event that Engineer does not take action on a Claim within said 30 days,the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) 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 or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs,except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance 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 determined 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 i the change in the Work or because of the event giving rise to the Claim. Except as 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 not include any of the costs itemized in Paragraph 11.013, and shall include only the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 1 Payroll eosts for employees in-the direct employ of Conitractor-in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such ($ employees shall include, without limitation, superintendents, foremen, and other,personnel employedfull time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not be limited to, salaries and wages plus the cost of fringe benefits,which shall include social security contributions,`unemployment, excise, and payroll taxes, workers'` compensation, health and retirement benefits, bonuses, sick leave, 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 by, Owner. 2 Cost of all materials and'equipment furnished and incorporated in the Work,including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner'deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner.All trade discounts,rebates and refunds and returns from sale of surplus materials and I' equipment shall accrue to Owner, and-Contractor shall make provisions so that they may be obtained. 3 Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor-and shall deliver such bids to Owner,who will then determine,with the advice of Engineer,which bids,if any,will be acceptable.k 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 ofthe Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers; architects, testing IF laboratories, surveyors, attorneys,and accountants)employed for services specifically related to the Work. 5. Supplemental costs including the Mowing- . The proportion of necessary transportation, =travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. I- b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which re-main-the property of Contractor. c. Rentals of all construction equipment and machinery,and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs,of transportation, loading, unloading, assembly, dismantling;and removal thereof. All such costs shall be in accordance with the terms of I$ EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of,Professional Engineers for EJCDC. Ali rights reserved. Page 43 of 62 �A said rental agreements. The rental of any such equipment,machinery,or parts shall cease when the use t-hereof is no longer necessary for the Work d. Sales, consumer, use, and other similar taxes related to the- Work, and for which Contractor is liable,as imposed by haws and Regulations. e. Deposits lost for causes other than negligence of Contractor, an Subcontractor, or p leg y anyone directly or indirectly employed by any of them or for whose acts any of them may be liable;and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work(except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06D), 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 whose .acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. j g. The cost of utilities,fuel,and sanitary facilities at the Site. h. Minor expenses such as telegrams,long distance telephone calls,telephone service at the Site, express and courier services,:and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract j Documents to purchase and maintain. I B. Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of, partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys; auditors, accountants, purchasing and contracting agents,' expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11,01,A 1 or specifically covered by Paragraph 11,01.A.4, all of which are to be M considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. I 3. An art of Contractor's ca ital expenses, including- interest on Contractor's capital i Y p P p g p employed for the Work and charges against Contractor for delinquent payments. 4. Costs dine to the negligence of Contractor,any Subcontractor,or anyone directly or indirectly employed by-any'--of them or for whose acts any of them may be liable, including but not EJCDC C-700 standard General Conditions of the Construction�act- Copyright @ 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 44'of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly I' supplied,and making good any damage to property. 5 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A: C. Contractor 's Fee: When all the Wo&is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value'of any;Work covered by a Change Order 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 asset forth in Paragraph 12.01-.C. IJ D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11 ALA and 11.013,'Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. z 11.02 Allowances Iy 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 maybe acceptable to Owner and Engineer. B. Cash Allowances. 1. Contractor agrees that: a. the cash allowances include the cost to Contractor(less any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes;and b. Contractor's costs for unloading and handling on the Site, labors 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 Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor'on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. l l.03 Unit Price Work A. Where the Contract Documents provide that all or, -art of the Work is to be Unit Price Work, initially the Contract Price will be- to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the consfivWort t ontraid Copyright O 2007 National Society of Professional Engineers for EJCDC<Ali rights reserved. Page 45 of 62 sum of the unit price far each separately lclentified item-OF-Unit- thePrice Work times the estimated-quantity of each item as indicated in the Agreement; B. The estimated quantities-of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Buts and determining an initial Contract Price. Determinations of the I actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to l cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from-the estimated quantity of such item indicated in the Agreement;and l 2. there is no corresponding adjustment with respect to any other item of Work;and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of 1 having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 1 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim-for an adjustrent in the Contract Price shall be based on written notice submitted by-the-party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents,by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03);or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sure(which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 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 12.0LB-2, on-the basis of the Cost of the Work (determined as provided in Paragraph 11.ol) plus a Contractor's fee for bverhead and profit(determined as provided in Paragraph 1 nl_-: 11 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserves. Page 46 of 62 C. Contractors Fee- The Contractors fee for overhead and profit shall-be.determined as follows: 1. a mutually acceptable fixed fee;or 2 if a fixed fee is not agreed upon,then a fee based on the following percentages of the various � portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11 01.A.2, the Contractor's fee shall be 15 percent; I4 b. for costs incurred under Paragraph 11.01.A.3,the Contractor's fee shall be five percent; �Y c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon,the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is 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; I, d, no fee shall be payable on the basis of costs itemized under Paragraphs I LO1.AA ( 11.0I.A.5,and 11.01 B; I e. the amount of°credit to be allowed by Contractor to Owner for any change which'results in a net decrease in cost will be the amount of the actual net decrease in cost-plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and Ix £ when both additions and credits are involved- in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change,in accordance with Paragraphs 1201.C.2.a through 1201.C.2.e,inclusive. ` I, 12.02 _ Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted,by-the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an i` adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Belays A. Where Contractor is prevented from completing any part of the Work within the Contract Times 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 1IM A. Delays beyond the control of Contractor shalt include, but-not be limited to, acts or EJCDC C-700 standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Alt rights reserved. Page 47 of 62 neglect by Ownet,-acts:Or neglect -owners or other contractors performing other work as contemplated by Article 7,fires,floods,epidemics,abnormal weather conditions,or acts of God. B. If Owner,Engineer, or other contractors-or utility owners performing other work for Owner as contemplated by -Article 7, or anyone for whom Owner-is responsible, delays, disrupts, or interferes with the petfarmance or progress of the Work,then Contractor-shall be entitled to an equitable- adjustment-in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete The Work within the Contract Times. 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 Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times,if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph .0 12 3.C. D. Owner,Engineer,and their officers,directors,members,partners,employees,agents,consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays 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 of Contractor. ARTICLE 13—TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Pionipt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and -personnel; of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them -of-Contractor's safety procedures and prog rams so that they may comply therewith--as applicable. EJCDC C-700 Standard General Conditions of theConstrdcdon Contract Copyright @ 2007 National Society of Professional Engineers for_EJCDC. All rights reserved. - - Page 48 of 62 i 13.03 Tests and Inspections I= A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests,or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections,or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections,tests,or approvals required by the Contract Documents except: �X 1. for inspections,tests,or approvals covered by Paragraphs 13.03.0 and 13.03.D below; I] 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.043 shall be paid as provided in Paragraph 13.04.C; and I' 3 as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work(or part thereof) (y specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume foil responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the �t required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection 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 of materials,mix designs, 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. I5 E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at -Contract or'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. 13.04 Uncovering Work 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. 3 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 equipment. EJCDC C-700 Standard General Conditions of the Construction Contract" Copyright©2007 National Society of Professional Engineers for FJCDC. All rights reserved. Page 49 of 62 C. if it is found that the uncovered Work is defective, Contractor shall pay all claims,-costs,-losses, and damages (including but not limited-to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other-dispute resolution costs)arising out of of relating g to such uncovering,ng,-exposure,observation,inspection,and testing,and of satisfactory replacement or reconstruction (including but not limited to an costs of repair or replacement of work of others); and Owner shall beentitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make-a Claim- therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective,Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such -uncovering, exposure, observation, inspection, testing, replacement, and-reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment,or failsto perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof,-until the cause for such order has been eliminated;however, this right of Owner to stop the Work-shall not give rise to any duty on the part of Owner to exercise this--right for the benefit- of Contractor,any Subcontractor,- any Supplier, any other-individual or entity, or any surety for,or employee or agent-of any of them. 13.06 Correct-ion or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated,installed, or completed,-or,if the Work has been rejected by Engineer,remove it from-the Project and replace-it-with'--Work that ismot-defective:-Contractor-shall--pay all-claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such correction or-removal(including but not limited 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 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee,if any,on said Work. 13.07 Correctim-P&W A. If within one year after-the date of-Substantial Completion_(or such longer period of time-as may be prescribed by- the terms of any applicable pp4cable special guarantee required by the Contract - Documents) or by-any- specific provision-of the Contract Documents,;any W-6ik-is found to be defective, or if the repair of any damagesto the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations its-contemplated in Paragraph-6.11.A isfoundt6 be defective, Contractor shall promptly, without costto Owner and in accordance with Owner's written instructions: 7 EJCDC C-700 Standard General Conditions of the C.Qr.eflon Contract- Copyright 0-2007-National Society of Professional Engineers for EJCDC.All riglitsreserved. Page 50 of 62 Ij 1. repair such defective land or areas;or I, 2. correct such defective Work;or 3. Af the defective Work has-been rejected by Owner,remove-it-from-the Project and replace it With Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. h 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 I. 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 I 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 F replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. It C. L%,special circumstances where a particular item of equipment is placed in continuous service' Ia 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 to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. I: E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a I$ waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work,-Owner (and, prior to Engineer's recommendation of final payment,Engineer)prefers to accept it, Owner may Ido 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 IX 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 World 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 appropriate amount will be paid by Contractor to Owner. IEJCDC C-700 Standard General Conditions of the Construction Contract i Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 I� 13.09 Owner May Correct Defecfive Work A. If Contractor fails within a reasonable time after written-notice from Engineer to]correct defective Work, or to remove and replace, -rejected Work as required by Engineex in accordance with J Paragraph 13--06.A, or if Contractor fails to perform the Work-in accordance with the Contract Documents,or if Contractor fails to comply with any other provision of the Contract Documents, Owner-may,after seven days written notice to Contractor,correct,or remedy any such deficiency. B. In exercising the rights and -remedies under this Paragraph 13.09; 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 d-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 Site to enable Own 617 to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and pther-_professionals and all -court or arbitration or other dispute resolution costs) incurred or sustained by-Owner-in exercising-i -- the-rights and remedies - under this Paragraph 13.09 will be charged against Contractor,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 in -Paragraph-10.05. Such-claims, costs, losses and-dam-ages will include but not be limited to all costs of repair,or replacement of work of others destroyed or damaged by correction,-removal,or replacement of Contractor's defective Work. D. Contractor shall not be-allowed an extension of the Contract Times because of any-delay--in-the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer.-Progregs payments on account of Unit Price,Work will bea-based on the number-of units- completed. 14.02 Progress Payments A. Applications for;Payments: 1. Att-least 20-days-before the date established in theAgreement for each progress payment(but not more often than once a month), Contractor shall submit to, Engineer for,review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 is Application for Payment filled out and;signed by Contractor covering the Work completed as I, of the date of the Application and accompanied by.such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stared at the Site or at another location agreed to in writing,the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens.and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect �r Owner's interest therein,all of which must be satisfactory to Owner. 2: Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. I_ 3 The `amount of retainage with respect to progress payments will be as stipulated in the Agreement- B. Review o A plieations: .f P _ 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 recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner; based on Engineer's observations of the executed Work as an experienced and qualified design professional,; and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge,information and belie£ 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-toc observe the Work. 3. By recommending any;such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the; quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National!Society of Professional Engineers for EJCDC, rift rights reserved. Page 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Docurneuts;or b. there may not be other matters or issues botween the parties that might entitle Contractor to be paid-additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment,;will impose responsibility on Engineer: a. to supervise,direct,or control the Work,or b. for the means; methods, techniques, sequences, or procedures of con-struction, or the safety precautions and programs incident thereto,-or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work,or d. to make any examination to ascertain how or for what purposes Contractor:has used the 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's` opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B2.Engineer may also refuse to recommend any such payment or,because of subsequently discovered evidence or the results of subsequent inspections or tests,revise or revolve any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional EngineersforEJCDG.Allri tsreserfed. Page 54+of 62 D. Reduction in Payment; Ix 1: Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has ,- delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended;or I, d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14 02.B.5.a through 14 02.B.5 c or Paragraph 15.02.A. z 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 _Cont ractoN's Warranty of Title 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, will pass to Owner no later than the time of payment free and clear of all Liens. (' 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify, I= Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. I5B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the { Work substantially complete, Engineer will notify Contractor in writing giving the reasons I therefor. : C. If Engineer considers the Work substantially complete,Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There v shall be attached to the certificate a tentative list of items to be completed or corrected before Em EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 �e 4 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14' days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with ale- tentative list of items to be completed or corrected)reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation,safety, and protection of the Work, maintenance, heat, 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's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents,or which Owner,Engineer,and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance oftheremainder of-the Work,-subject to the following conditions; 1. Owner at any time 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 will follow the procedures of Paragraph 14.04A through D for that part 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 request Engineer to issue a certificate of Sulistamtial Completion for that]part ofthe Work 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall I make'an inspection of that part of the Work to determine its status of completion.If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with -respect to certification of Substantial Completion of thatpart of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56'I of 62 4. No use or occupancy-or separate operation of part of the Work-may occur prior-to compliance with the requirementszof Paragraph 5.1(}regarding property insurance. 14.06. Finallnspection A. Upon-- written notice from Contractor that the entire Work or an agreed portion thereof is complete,Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.` 14.07 Final Payment A. Application for Payment: I. 1. After Contractor has, in the opinion of Engineer, satisfactorily completed a corrections` identified during the final inspection and has delivered, in accordance with-the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, I; 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. I, 2. The final Application for Payment shalt be accompanied(except as previously delivered)by: a. all documentation called for in the-Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; (s b. consent of the surety,if any,to final payment; c. a list of all Claims against Owner that Contractor:believes are unsettled;and d. complete and legally effective releases or 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 Ij which might in any way result in liens or other burdens--on Owner's property, have been paid or otherwise Satisfied. 9 any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may ftimish a bond or other collateral satisfactory'to Owner to (` indemnify Owner against any Lien, B. Engineer's Review of Application and Acceptance: 1. If on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C700 Standard General Conditions of the Construction Contract Cogynglif 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 documentation as required by the Contract-Documents, Engineer is satisfied that the'Work has been completed - Contractor's other onligutions under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of :the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for;payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions I of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final-payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1.` Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation,the amount recommended by Engineer,less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages,will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed 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 1 (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 s completed or corrected is less than the retainage stipulated in the Agreement,and if bonds have been furnished as required in Paragraph 5.01,the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 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 Documents, I_ and 2. a waiver of all Claims by Contractor against Owner otl3er than those previously made in I accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ' EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society ofProfession_al Engineers forE CDC.All rights reservzd. Page 58 of 62 ARTICLE 15—SUSPENSION OE WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause;Owner may suspend the Work or any portionthereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will,be resumed. Contractor shall resume the Work on the date so" fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the 7 Contract Times,or both,directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. I, 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify'termination for cause: (_ L Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient: skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established I, under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2.- Contractor's disregard ofLaws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer;or 4.' Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner 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 or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere;and } 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If z the unpaid balance of the Contract Price exceeds all claims,costs,losses,and damages(including but not limited to all fees and charges of la engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, I` 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 Is EJCDC C-700 Standard Generaloriditions of tfie Constntetion Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 �y so approved by Engineer, incorporated in a CIrange Ordtr._When exercising any rights zpr remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the ? Work performed. D. Notwithstanding Paragraphs I M2.13 and 15.02.C,Contractor's services-will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate-to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. r 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 Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience I A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the;Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work, { 2. expenses sustained prior to the effective date of termination in performing services and L furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead:and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of I engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)incurred in settlement of terminated contracts with Subcontractors, Suppliers,and others;and 4. reasonable expenses directly attributable to termination. — _ L B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor-May Stop Work or Terminate A. If,'through no act or fault of Contractor, (i)the Work is suspended for more than 90 consecutive 1 days by Owner or under an order of court or other public authority,or(ii)Engineer fails to act on any Application'for Payment within 30 days after it is submitted,or,(iii) Owner fails for 30 days i EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @�Z007 National society of Professional Engineers for EJCDC.till rights reservedr Page 60'of 62 { i to pay Contractor any sum finally determined to be due,then Contractor may,upon seven days written notice to Owner and Engineer, and-provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on th&same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy,if Engineer has failed to act on an Applicationfor Payment within 30 days after it''-is submitted,or Owner has failed for 30 days to pay Contractor any sum finally determined to be due,Contractor may,seven days after written notice to Owner and Engineer,stop the Work until payment is made of all such amounts°due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 4 16.01 -Metho&and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 1005 before such decision becomes final and binding. The mediation Will-be governed by the Construction Industry Mediation Rules of the American Arbitration l 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 hContract:Timely submission of the request shall Stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The;process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules-referenced above. C. If the Claim is not resolved by mediation,Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) 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 Supplementary Conditions;or 2. agrees with the other party to submit the Claim to another dispute resolution process;or 3. gives written notice to the other party of the intent to submit the Claim to a court of Ccompetent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 `Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice,it will be-deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for ESCDC. Ali rights reserved. Page 61 of 62 i L delivered in person to the individual or to a member of the-firm or to an officer of the corporation for whom it is intended,or 2. delivered at or sent by registered or certified mails postage prepaid, to the last business' address known to the giver of the notice. 17.02 Computation of-Times i A. When any period of time is referred to in the Contract Documents by days,it will be computed to exclude the first:-and include the last day of such period.If the last day of any such period falls on a Saturday or Sunday or on a;day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 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 construed in any way as a limitation of, any.rights and remedies available to any or all of them which are otherwise imposed:or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents.The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents m connection with each particular duty, obligation,right,and remedy to which they apply. 17.04 Survival of Obligations A. All representations,indemnifications, warranties,and guarantees made in,required:by, or 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 Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located'. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. l EJCDC C-700 standard General Conditions of the Consh action Contract Copyright O 2007 National Society of]Professional Engineers for EJCDC. All rights reserved. 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 00810-6th Edition Supplementary Conditions to the General Conditions Page 1 of 13 SC-2.07 INITIAL, ACCEPTANCE OF SCUEDULES 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 lrlen lfied in paragraph 2.05.A shall be fmalized 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 11.01.A.S.c. SC -4.01AVAILABILITY OF LANDS Add to Paragraph 4.01.0 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 ArTD 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 4.02.13 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 C. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4, Personallnjury 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 Injury: 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- 5.043.5 CA_NCELATION 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 5.04.13.5 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, collapse; debris removal,---demolition -occasioned by earthquake, 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 6 of 13 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 I 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.F 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 if 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 INDEMMNIFICATION 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 WORI� 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 11.03.13.1 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- 14.01A 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.I.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 Documents will be in Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 11 of 13 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 INSFEC I I®N 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-16.02.11--' 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 N®TICS Add the following to Paragraph 17.01.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 Industry 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 ....................................................................................................................................1 5 P. Foreman Rates ...................................................................................................I.............................. 5 WAGE RATES: BOILERMAKERS ......................................................................................................................................... 6 BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS ............................................................................................................................................ 6 CEMENT MASONS AND CONCRETE FINISHERS ............................................................................................ 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ............................................................................................................................. 7 OPERATORSGROUP 2 ............................................................................................................................ 7 OPERATORS GROUP 3 ............................................................................................................................ 7 OPERATORSGROUP 4 ............................................................................................................................ 8 OPERATORS GROUP 5 ............................................................................................................................ 8 OPERATORSGROUP 6 ............................................................................................................................ 8 OPERATORSGROUP 7 ............................................................................................................................ 8 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ 8 LABORERSGROUP 2 ............................................................................................................................ 9 LABORERSGROUP 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 EQUIPMENTOPERATOR ......................................................................................................................... 11 GROUNDMAN ......................................................................................................................................... 11 LINEMAN ................................................................................................................................................ 12 MILLWRIGHTS ............................................................................................................................................ 12 PAINTERS ................................................................................................................................................ 12 PILEBUCKS ............................................................................................................................................... 12 PLUMBERS, PIPEFITTERS,AND STEAMFITTERS ............................................................................................ 12 SHEET METAL 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 18-2-40 1(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(1)(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 tinder this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. " f 3 G.Fringe Benefits Section 18-2-412,MCA states: "(1) TofuToju fll the obligation...a contractor or subcontractor may: (a)pay the amount of fringe benefits and the basic hourly rate ofpay 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 (])(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 benefitfund,plan, or program 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(11),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 shortestpractical 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. K. 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 fi-inge 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 j ourney 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: $28.0u $i i.bb u-30 mi. tree zone >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 limited to: >60 mi. 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. >50 mi. base pay+$6.00/hr. Depth Pay (Surface Diving) 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. 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 $12.7G 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 $11.86 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 $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- 0 $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 Bridger Drive Trunk Sewer Main 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 Bridger Drive Trunk Sewer Main Project. The Contract Price of your Contract is: Dollars Five(5)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 1. You must deliver to the OWNER Five (5) 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: Engineer's 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 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 Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 MONTHLY PAY ESTIMATE SUMMARY Date 2016 Bridger Drive Trunk Sewer Main Project City of Bozeman, Montana Estimate No._- to 2016 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/0i Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): 120 Stop/Resume Work Orders (dy): 0 Approved Time Extensions (dy): 0 New Contract Completion Time (dy): 120 Contract Completion Date: 4/29/1900 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 BRIDGER DRIVE TRUNK SEWER MAIN PROJECT CONTRACTOR: ENGINEER: City of Bozeman P.O.Box 1230 Bozeman,MT 59771 PAY ESTIMATE NO._ to ,2016 QUANTITY COMPLETED AMOUNTEARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE SCHEDULEI 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 Connect to Existing Manhole Each 1 0 0 0 $0.00 $0.00 $0.00 $0.00 104 8"SDR 35 PVC Sewer Main LF 1,358 0 0 0 $0.00 $0.00 $0.00 $0.00 105 15"SDR 35 PVC Sewer Main LF 1,574 0 0 0 $0.00 $0.00 $0.00 $0.00 106 4"SDR 26 PVC Sewer Service LF 86 0 0 0 $0.00 $0.00 $0.00 $0.00 107 6"SDR 26 PVC Sewer Service LF 50 0 0 0 $0.00 $0.00 $0.00 $0.00 108 48"Dia Basic Manhole,5'-0"Depth Each 3 0 0 0 $0.00 $0.00 $0.00 $0.00 109 60"Dia Basic Manhole,5'-0"Depth Each 5 0 0 0 $0.00 $0.00 $0.00 $0.00 110 60"Dia Basic Drop Manhole,5-0"Depth Each 2 0 0 0 $0.00 $0.00 $0.00 $0.00 111 48"Dia Additional Manhole Depth VF 4.25 0 0 0 $0.00 $0.00 $0.00 $0.00 112 60"Dia Additional Manhole Depth VF 66.50 0 0 0 $0.00 $0.00 $0.00 $0.00 113 Sewer Access Road LF 909 0 0 0 $0.00 $0.00 $0.00 $0.00 114 Insulation LF 20 0 0 0 $0.00 $0.00 $0.00 $0.00 115 Traffic Control LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 116 Asphalt Restoration LF 1,340 0 0 0 $0.00 $0.00 $0.00 $0.00 117 Type 2 Pipe Bedding CY 20 0 0 0 $0.00 $0.00 $0.00 $0.00 118 Imported Backfill CY 50 0 0 0 $0.00 $0.00 $0.00 $0.00 119 Topsoil and Seeding LS 50 0 0 0 $0.00 $0.00 $0.00 $0.00 120 Construction Staking LS 1 0 0 0 $0,00 $0.00 $0.00 $0.00 121 Miscellaneous Work Each 1 0 0 0 $25,000.00 $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 Reciepts 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 P.O. Box 1230.Bozeman, MT 69771-1230 (406) 682-2334 WARRANT# PAY TO: DATE PAID: WARRANT TOTAL $ VENDOR# DATE INVOICE# FUND ACCOUNT OBJECT PROJECT DESCRIPTION AMNT TOTAL $ CERTIFICATION THATGOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OF 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. 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: ❑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 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 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: ❑ Nonagreement on pricing of proposed change. ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. ❑ 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: da s Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment- (days s 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 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 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 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 reconstruction of East Story Street from South Tracy Avenue to South Church Avenue in the City of Bozeman. 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, 61h 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 installation of a 15" sewer main across and along Bridger Drive from Birdie Drive to Story Mill Road,an 8"sewer main in Story Mill Road from Bridger Drive to Griffin Drive and an 8"sewer main in Griffin Drive from Story Mill Road west approximately 380 feet including manholes, sewer main stubs, sewer service stubs, all weather access roads,surface restoration,and all appurtenances. 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 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 fiirnish 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 2 SPECIAL PROVISIONS execution of the work,together with the performance capacities and such other information which 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 j ob 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 Friday. 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 3 SPECIAL PROVISIONS such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, 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 setup 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. 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 4 SPECIAL PROVISIONS 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 prepared by either an ATTSA (American Traffic Safety Services Association) certified Traffic Control Supervisor or Traffic Control Design Specialist or approved equal, or a Professional Engineer. 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. B. 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. C. Warning Sim 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. D. Notifications. The Contractor shall coordinate all of the Contractor's construction 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 5 SPECIAL PROVISIONS 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. E.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. F. 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 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. 6 SPECIAL PROVISIONS 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 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. 7 SPECIAL PROVISIONS 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 builder's 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. It 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. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. 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. 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents,papers and records which are directly 8 SPECIAL PROVISIONS 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. 23. INSURANCE Insurance coverage required under this contract shall extend,at a minimum,to the end of the contract time. 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 119. 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. INSULATION BOARD Insulation board shall have a closed cell structure with an R-Value of 5 per inch of thickness. Maximum water absorption shall be 0.1%by volume and minimum compressive strength shall be 60 psi. Insulation board shall be Styrofoam Brand High Load 60 or approved equal. Insulation board shall be installed with 2-inches of sand bedding and 2-inches of sand over the top of the insulation board. Insulation board shall be installed as specified on the plans over all water mains, service lines, or hydrant leads when depth of cover is less than 6.5 feet. 26. ENGINEERING MATERIALS TESTING AND CONTROL TESTING A. The Contractor shall be responsible for testing including, but not necessarily limited to: 1. Dates of acceptable tests for sanitary sewer, which shall include TV inspection by the City of Bozeman, cleaning, exfiltration by air or water, and manhole testing. 9 SPECIAL PROVISIONS 2. An accurate record of the location of all sanitary sewer service connections as installed, and the length and slope of all service lines installed must be provided. Elevations at the end of dry service line stub-ins is required. 3. Portland Cement concrete and asphaltic concrete pavement mix deigns. 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. Portland Cement Concrete If an individual strength test(average of two cylinders tested at 28 days)falls below the specified strength by more than 500 psi,the in-place material represented by the failed test shall immediately be randomly cored for acceptance testing. A minimum of three and maximum of six cores shall be taken. If the average strength tests of the acceptance cores are deficient in strength by more than 500 psi but not more than 1000 psi,the Contractor shall remove and replace the deficient concrete or pay the City of Bozeman 0.25 times the unit price bid times the area determined to be deficient in strength; if the average strength tests are deficient by more than 1000 psi,the area of the concrete determined to be deficient shall be removed and replaced. B. 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 10 SPECIAL PROVISIONS 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 %2", an overlay will be required, along with cold milling of the 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 %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 %4",in order to determine the extent of the deficient pavement. If the thickness deficiency is more than 3/4",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 3/4",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. 27. FLOWABLE (NONSHRINK)BACKFILL All flowable (nonshrink)backfill shall meet the following MDOT specifications: E. Flowable Fill. Flowable fill is a mixture of portland cement, fly ash, fine aggregate, air entraining admixture and water. Flowable fill contains a low cementitious content for reduced strength development. Submit a mix design for approval. No compressive strength testing is 11 SPECIAL PROVISIONS required for the mix design. Table 551-1 has the suggested mix guides for excavatable and non-excavatable flowable fill. TABLE 551-1 FLOWABLE FILL MIX DESIGN GUIDE MATERIALS EXCAVATABLE NON-EXCAVATBLE Cement,Type I or 11 75.6-102.6 lb/yd3 75.6-151.2 lb/yd3 (45-60 kg/m) (45-90 kg/m3) Fly Ash None 151.2-596.71b/yd3 (90-355 kg/m3) Water Mix designs must produce a Mix designs must produce a consistency that results in a consistency that results in a flowable, self-leveling product flowable, self-leveling product at time of replacement. at time of replacement. Air 5%to 35% 5%to 15% Unit Weight(Wet) 2,430-2,970 lb/yd3 2,700-3,375 lb/yd3 (1,440-1,760 kg/m3) (1,600-2,000 kg/m3) Furnish fine aggregate meeting Subsection 701.01.1 requirements. The fine aggregate has no fineness modulus requirement. High air generators or foaming agents may be used in lieu of conventional air entraining admixtures and may be added at the jobsite and mixed in accordance with the manufacturer's recommendation. 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). 28. USE OF REMOVED ASHPALT PAVEMENT Asphalt concrete pavement removed during trenching operations may be used as backfill material in areas with Type A backfill if mechanically processed to 4"minus size with a cold planer,rotomill,or similar equipment and mixed at no more than a 50/50 ratio with other backfill material. Asphalt concrete pavement removed during trenching operations may be used as pavement base course material if mechanically processed with a cold planer, rotomill, or similar equipment to meet the gradation requirements of the base course and mixed at no more than a 50/50_ratio with other base course material. Breaking up of asphalt concrete pavement with an excavator bucket,roller,or other non-approved equipment is not allowed. CONTRACTOR must first obtain approval from the on- site engineer prior to processing pavement on site for backfill. 29. PROTECTION OF TREES, SPRINKLER SYSTEMS,AND PROPERTY PINS Indiscriminate ripping of tree roots will not be permitted. 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 12 SPECIAL PROVISIONS 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. 30. 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. 31. 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; Bridger Drive, Rouse Avenue, Griffin Drive west of Rouse, Oak Street, and Story Mill Road. The Contractor shall receive prior approval from the Engineer in order to use any local residential streets for a short term construction traffic route. 32. CONSTRUCTION STAKING The Contractor will be responsible for all layout and construction staking utilizing the control data. The contractor will be provided with an electronic version of the plans in AutoCad format to be used to generate the required layout data for the project. Discrepancies between Drawings,Specifications, and existing conditions shall be referred to the Engineer for adjustment before work is performed. The Contractor will utilize the services of a professional land surveyor,currently licensed in the State of Montana, for the construction staking for this project. Existing Control. Existing survey control(horizontal and vertical)has been set for use in the design and construction of this project under the direction of a registered Surveyor in the State of Montana. A listing of the coordinates and vertical elevation for each of these control points is included on the plans. 13 SPECIAL PROVISIONS Control points may have been disturbed or accidentally removed or disturbed before the contractor begins the project layout. The contractor will reset control that was removed or disturbed prior to construction if deemed as needed to complete the work. The contractor will be responsible for laying out all project points with the remaining control points,and those control points reestablished by the Contractor. The Contractor will be responsible for preserving and protecting the survey control until proper referencing by the Contractor has been completed. Any survey control obliterated,removed, or otherwise lost during construction will be replaced at the contractors expense. Construction Staking. The Contractor shall be responsible for the location and elevation of all of the construction included in the contract documents. The construction plans show base lines, control points, and bench marks established by the Engineer for control of the work. From these control points the Contractor shall layout the work by establishing all lines and grades at the site necessary to construct the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the Contract Drawings. Contractor's construction staking shall at a minimum include: 1. Sewer Main reference/grade stakes at 50-foot intervals and at manholes. Offset stakes for manholes and inlets. 2. Access road centerline grade stakes at 50-foot intervals for the portion between 5+40 and 6+80. 3. Ends of all proposed service line stubs. 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 of the Contractor to comply with this requirement shall be done at his sole expense. 33. ABANDONING EXISTING PIPE AND APPURTENANCES Existing water, sanitary sewer, and storm drain pipes noted on the plans to be abandoned in place shall be abandoned only after the new water line, storm drain or sanitary sewer, or usable portions thereof,have been constructed,tested, and approved. All ends of the abandoned pipes shall be plugged with Class M-3000 concrete. Unless a specific bid item is provided,the cost of abandoning existing pipes and other appurtenances shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. 34. CONNECTION TO THE EXISTING MANHOLE Contractor shall complete the connection to the existing manhole by core drilling a neat hole into the existing base. An A-Lok,Link Seal, or other approved devise shall be used to seal the new pipe to the wall of the manhole. The concrete base shall be removed as necessary to construct a new invert with a smooth transition to the existing in accordance with City of Bozeman standard drawing 02720-3. 14 SPECIAL PROVISIONS 35. SEWER ACCESS ROAD STATION 5+40 TO 6+80 From 5+40 TO 6+80 fill is required to construct the all weather access road. The contractor shall remove all topsoil and deleterious material below the road and fill slopes. All excess material shall be disposed of offsite by the Contractor. The fill section shall be constructed using 6" minus uncrushed subbase course topped with the 3" of 1-1/2" crushed base course gravel. The fill slopes shall be finished with topsoil and seeded in accordance with section 02910 of the Montana Public Works Standard Specification, and section 24 of these special provisions. 36. BRIDGER DRIVE WORK The contractor shall notify MDT one week prior to beginning work and submit a traffic control plan for approval by MDT. Bridger Drive may be closed to through traffic during construction. Work shall only occur Monday through Friday during daylight hours excluding holidays. All backfill within the MDT right-of-way shall be engineered structural fill as described in the MDT Encroachment Permit included at the end of this section of the specifications. See permit for additional requirements. 15 SPECIAL PROVISIONS Montana Department of Transportation Encroachment Permit Printed on: May 11, 2016 APPLICANT INFORMATION: Name: KELLEN GAMRADT Address: PO BOX 1230 City: BOZEMAN State: MT Zip: 59771 Corporation Name: CITY OF BOZEMAN Phone:406-582-2280 Nature of Permit Desired: INSTALL 12" SEWER PIPE ENCROACHMENT LOCATION INFORMATION: Beginning Reference Ending Reference Sign Route: Corridor: MT 86 C000086 001+0.650 County: GALLATIN Comments: 1) PERMITTEE SHALL SUBMIT AN APPROVED DETAILED TRAFFIC CONTROL PLAN THAT MEETS MDT AND MUTCD REQUIREMENTS. 2) PERMITTEE SHALL FOLLOW THE APPROVED TRAFFIC CONTROL PLAN 3) PERMITTEE SHALL PROVIDE MDT A 24-HOUR EMERGENCY CALL LIST. 4) PERMITTEE SHALL NOT DELAY TRAFFIC AND MAINTAIN THE DETOUR. 5) PERMITTEE SHALL USE CERTIFIED FLAGGERS IF NEEDED TO HELP WITH THE TRAFFIC FLOW. 6) PERMITTEE SHALL FENCE OFF WORK AREA TO PROTECT PEDESTRIANS AND KEEP WORK AREA CLEAN OF DEBRIS. 7) PERMITTEE SHALL REPAIR ANY DAMAGE DONE TO MDT6S RIGHT OF WAY, AND/OR ROADWAY AS A RESULT OF THE WATER. ALL REPAIRS WILL BE DONE IN-KIND AND WILL BE DONE IMMEDIATELY. 8) PERMITTEE SHALL WILL NOT PLACE BACKFILL WITH NO SHRINK CONCRETE. SHALL BE A GRADE A GRAVEL,COMPACTED TO SPECK , THEN REPLACE WITH 4 INCHES OF PLANT MIX WILL BE INSTALLED WHEN HOT MIX IS AVAILABLE. 9) PERMITTEE SHALL BE RESPONSIBLE FOR MAINTAINING THE ROAD BED IN CASE OF BREAKAGE OR SETTLING UNTIL ROAD IS REBUILT. SHALL BE FIXED WITHIN 24 HOURS AFTER NOTIFIED. 10) PERMITTEE SHALL REPLACE CURB AND SIDEWALK IN KIND AND MAINTAIN WATER FLOW IN CURB. 11) PERMITTEE SHALL USE A SAW CUT BEFORE DIGGING PAVEMENT. 12) PEPMITTEE IS RESPONSIBLE FOR MAINTAINING REPAIRED AREA UNTIL HOT MIX IS IN PLACE AND MDT HAS SIGNED OFF ON THE PERMIT. 13) PERMITTEE SHALL CALL ONE DAY PRIOR TO WORK TO PAUL MCCAULEY AT 406-556- 4719. 14) .THE PERMITTED IS SOLELY RESPONSIBLE FOR ANY ENVIRONMENTAL IMPACTS INCURRED AS A RESULT OF THIS PROJECT AND IS SOLELY RESPONSIBLE FOR OBTAINING ANY NECESSARY ENVIRONMENTAL PERMITS, NOTIFICATIONS, AND / OR ANY OTHER NECESSARY ENVIRONMENTAL CLEARANCES, 15) IF ANY STREAMS, CANALS, OR WETLANDS WILL BE IMPACTED AS A RESULT OF THIS PROJECT, THE APPROPRIATE WATER QUALITY PERMITS MUST BE OBTAINED FROM STATE, FEDERAL, TRIBAL, AND / OR LOCAL AGENCIES. 16) THIS PERMIT ENDS AUGUST 26, 2016 i ENCROACHMENT PERMIT INFORMATION: Permit number 5479 Page 1 of 4 Montana Department of Transportation Encroachment Permit Printed on: May 11, 2016 Application Date Issue Date End Date Class type Maintenance Division 06-MAY-16 10-MAY-16 26-AUG-16 A TEMPORARY BOZEMAN Approved by: KYLE DEMARS (Approval Signature) (Applicant Signature) Permit number 5479 Page 2 of 4 Montana Department of Transportation Encroachment Permit Printed on: May 11, 2016 SPECIAL FACILITIES INFORMATION Name Address City State Zip ST Plane E ST Plane N Petro E1ig Super Fund Id tank mdeq id Type Type Description N Mine mdeq id Mine Description Well Designation Rcmd Apprvl Apprvl Dt Approval Recommended By Spill Description Comment 1 TERM.This permit shall be in full force and effect from the date hereof until revoked as herein provided. 2 FEE. The fee for issuance of this permit is 3 REVOCATION. This permit my be revoked by State upon giving 45 days notice to Permittee by ordinary mail,sent to the address shown herein. However,the State may revoke this permit without notice if Permittee violates any of its conditions or terms. 4 COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the Maintenance Chief shown in application the date the Permittee proposes to commence work. s CHANGES IN HIGHWAY. If State highway changes necessitate changes in structures or installations installed under this permit, Permittee will make necessary changes without expense to State. 6 STATE SAVED HARMLESS FROM CLAIMS. As a consideration of being issued this permit,the Permittee,its successors or assigns,agrees to protect the State and save it harmless from all claims,actions or damage of every kind and description which may accrue to,or be suffered by,any person or persons,corporations or property by reason of the performance of any such work, character of materials used,or manner of installations,maintenance and operation,or by the improper occupancy of said highway right-of-way,and in case any suit or action is brought against the State and arising out of,or by reason of any of the above causes,the Permittee,its successors or assigns,will,upon notice to them of the commencement of such action,defend the same at its sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action. 7 PROTECTION OF TRAFFIC. The Permittee shall protect the work area with traffic control devices that comply with the Manual of Uniform Traffic Control Devices. The Permittee may be required to submit a traffic control plan to the Maintenance Chief for approval prior to starting work. During work,the Maintenance Chief or designee may require the Permittee to use additional traffic control devices to protect traffic or the work area. No road closure shall occur without prior approval from the District Engineer. a HIGHWAY AND DRAINAGE. If the work done under this permit interferes in any way with the drainage of the State highway affected, Permittee shall,at the Permittees expense,make such provisions as the State may direct to remedy the interference. 9 RUBBISH AND DEBRIS. Upon completion of work contemplated under this permit,all rubbish and debris shall be immediately removed and the roadway and roadside left in a neat and presentable condition satisfactory to the State. 10 INSPECTION. The installation authorized by this permit shall be in compliance with the attached plan and the conditions of this permit. The Permittee may be requiredt� gve,gS r�,y{ fhe ir�t %on,at sole expense of Pern t�felf th2 instql�atWn does not conform with the requirements of this permi or-ffhh``e a�-[[ta�c}�ied prlan. 11 STATES RIGHT NOT TO BE INTERFERED WITH. All changes,reconstruction or relocation shall be done by Permittee so as to cause the least interference with any of the States work,and the State shall not be liable for any damage to the Permittee by reason of any such work by the State,its agents,contractor or representatives,or by the excercise of any rights by the State upon Montana Department of Transportation Encroachment Permit Printed on: May 11, 2016 the highways by the installations or structures placed under this permit. 12 REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the State,upon termination of this permit,the Permittee shall remove the installations or structures installed under this permit at no cost to the State and restore the premises to the prior existing condition,reasonable and ordinary wear and tear and damage by the elements,or by circumstances over which the Permittee has no control,excepted. 13 MAINTENANCE AT EXPENSE OF PERMITTEE. Permittee shall maintain,at its sole expense,the installations and structures for which this permit is granted,in a condition satisfactory to the State. 14 STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State,or by any State employee engaged in construction,alteration,repair,maintenance or improvement of the State highway,shall be at the sole expense of the Permittee. i5 STATE TO BE RGIIVIOVRSCD FOR REPAIRING RO VVAY. VpVll bcii g viiicd,tticicfvre,Pcr ittcc agrees-pramptiy reimburse State for any expense incurred in repairing surface of roadway due to settlement at installation,or for any other damage to roadway as a result of the work performed under this permit. 16 The Permittee shall not discharge or cause discharge of any hazardous or solid waste by the installation or operation of the facility of a State Right-of-Way. 17 The Permittee will control noxious weeds within the disturbed installation area for two(2)years. 18 In accordance with Mont.Code Ann. 76-3-403(2),Permittee shall,at Permittees expense,employ the services of a Montana Licensed Professional Land Surveyor to re-establish all existing survey monuments disturbed by work contemplated under this permit. 19 The use of explosives is prohibited for the installation. 20 Any condition of this permit shall not be waived without written approval of the appropriate District Engineer. 21 OTHER CONDITIONS AND/OR REMARKS: Permit nun-ber 5479 Page 4 of 4 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: (Connect to Existing Manhole) Measurement shall be made for each connection to existing manhole made. Payment at the contract unit price shall constitute full compensation for core drilling manhole base, installation of pipe and a-loc or approved equal, demolishing and disposing of concrete base as necessary for new channel,forming and pouring new channel,and all labor,equipment,materials and incidentals necessary to complete this item. Item 104 & 105: (8" & 15" SDR 35 PVC Sewer Main) Measurement and payment shall be as per MPWSS Section 02730 4.2. Items 106& 107: (4"&6"SDR 26 Sewer Service)Measurement and payment shall be as per MPWSS Section 02730 4.4, and shall include furnishing and installing the in line wye in the sewer main. Item 108 109 110 111 & 112: (48" & 60" Dia. Basic Manhole 5'-0" Depth, 60" Dia. Basic Drop Manhole 5'-0"Depth,&Additional Manhole Depth)Measurement and payment shall be as per MPWSS Section 02730 4.3. Item 113: (Sewer Access Road) Measurement shall be by the lineal foot of access road installed and accepted. Payment for this item shall include be not necessarily be limited to clearing and grubbing, unclassified excavation, disposing of excess excavated material, importing, placing, grading and compacting all required crushed and uncrushed base course, staking,placing topsoil and seed on catch slopes, and all labor, equipment,materials, and incidentals necessary to complete this item. 1 MEASUREMENT AND PAYMENT Item 114: (Insulation) Measurement shall be made on a lineal foot basis along the centerline of the pipeline being insulated. Payment at the contract unit price shall constitute full compensation for furnishing and installing the insulation board to the required dimensions as well as any required additional excavation, furnishing and placement of sand bedding, back fill and compaction, all for all tools, equipment and incidentals necessary to complete this item. Item l l5: (Traffic Control)Measurement and payment shall be as per MPWSS Section 01570 4.1. Item 116: (Asphalt surface restoration)Measurement for asphalt surface restoration shall be by the actual number of linear feet of restoration satisfactorily accomplished, measured along the centerline of the pipelines. Payment shall be made at the unit price bid for all labor,equipment,materials and incidentals necessary to furnish,install and compact the gravel base,and to furnish,install and compact the asphalt surface restoration as per the plans. Item 117: (Type 2 Bedding)Measurement and payment shall be as per MPWSS Section 022214.4,cubic yard basis. Item 118: (Imported Backfill Material) Measurement and payment shall be as per MPWSS Section 022214.5,cubic yard basis.Payment shall also include all equipment,labor,and materials necessary for hauling unsuitable excavated materials off site,disposal of excavated materials,hauling 6-inch minus pit run material on-site,placing and compacting the pit run,and all incidental costs to complete this item. Item 119: (Topsoil and Seeding) Measurement shall be made on a lump sum basis. Payment at the contract unit price shall constitute full compensation for all topsoil placement and seeding necessary to restore disturbed project areas. The work shall include providing topsoil, site preparation, seeding, fertilizer,related materials, labor,tools, equipment, and incidentals necessary to complete the item. Item 120: (Construction Staking)Measurement shall be on a lump-sum basis. Payment shall be made at the contract lump-sum bid price for this item, and shall constitute full compensation for hiring a Surveyor to perform all project construction staking; and for all materials, tools, equipment and incidentals necessary to complete this item. This item shall also include all necessary coordination and scheduling of surveying activities which shall be the sole responsibility of the contractor. Progress payments are in proportion to total construction completed. Item 121: (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 (SEE CITY OF BOZEMAN MODIFICATIONS TO THE MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS FOR ALL STANDARD DRAWINGS NOT INCLUDED IN THE PLAN SET)