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HomeMy WebLinkAbout21- H&H Earthworks - 5th Ave Sewer 5th Avenue Sanitary Sewer Project #18098.10 City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 FEBRUARY 2021 EXECUTED CONTRACT DOCUMENTS DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA CONTRACT PLANS AND SPECIFICATIONS FOR: 5TH AVENUE SANITARY SEWER Prepared For: CITY OF BOZEMAN PO BOX 1230 Bozeman, Montana 59715 Prepared By: Sanderson Stewart 1610 Ellis Street, Suite 2B Bozeman, Montana 59715 February 2021 18098.10 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA i TABLE OF CONTENTS TOTAL NO. OF PAGES INVITATION TO BID .................................................................................................. 3 INSTRUCTIONS TO BIDDERS ..................................................................................... 6 BID FORM ................................................................................................................ 7 BID BOND ................................................................................................................ 2 NON-DISCRIMINATION AFFIRMATION FORM ............................................................ 1 AGREEMENT FORM................................................................................................... 6 PAYMENT AND PERFORMANCE BONDS .................................................................... 7 INSURANCE CERTIFICATES ...................................................................................... 11 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ..................................................................... 68 SUPPLEMENTARY CONDITIONS .............................................................................. 12 MONTANA PREVAILING WAGE RATES ..................................................................... 13 SPECIAL PROVISIONS .............................................................................................. 18 CITY OF BOZEMAN STANDARD MODIFICATIONS TO THE MPWSS SIXTH EDITION, MARCH 31, 2011 ............................................................................. 1 ADDITIONAL FORMS Notice of Award ........................................................................................................ 1 Notice to Proceed ...................................................................................................... 1 Contractor Application ............................................................................................... 4 City of Bozeman Claim Form ..................................................................................... 1 Work Change Directive .............................................................................................. 1 Change Order .......................................................................................................... 2 Certificate of Substantial Completion .......................................................................... 2 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00100 INVITATION TO BID Page 1 of 3 CITY OF BOZEMAN, MONTANA C A L L F O R B I D S NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: 5th Avenue Sanitary Sewer Separate sealed bids for construction of City of Bozeman 5th Avenue Sanitary Sewer will be received by the City Clerk at the office of City Hall, Suite 202, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, September 10, 2020 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 200, City Hall, 121 N Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, Suite 200, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Bids must be received before 2:00 p.m. on September 10, 2020. 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: The Schedule II portion of work which includes installation of approximately 2000 LF of 8-inch sanitary sewer in 5th Avenue from Oak Street to Tamarack Street. The work will be completed within 45 calendar days following Notice to Proceed. The Contract Documents may be examined or obtained at the office of Sanderson Stewart; 1610 Ellis Street, Suite 2B, Bozeman, Montana 59715 or examined at the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 59771- 1230, 406-582-2280, in accordance with the Instructions to Bidders. Required deposit is $50.00 per set, which is not refundable. There will be a Pre-Bid Conference in the City Commission Room at City Hall, 121 North Rouse Avenue at 2:00 p.m. on September 3, 2020. Interested CONTRACTORS are encouraged to attend. CONTRACTOR and any of the CONTRACTOR’S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00100 INVITATION TO BID Page 2 of 3 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. By entering a Bid the CONTRACTOR agrees that all hiring by CONTRACTOR of persons doing work on this project shall be on the basis of merit and qualifications. The CONTRACTOR will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. The CONTRACTOR will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The CONTRACTOR shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. CONTRACTOR represents it is, and for the term of this project will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Every entity submitting a Bid under this invitation must sign and return the required affirmation. CONTRACTOR must report to the City any violations of the Montana Equal Pay Act that CONTRACTOR has been found guilty of within 60 days of such finding for violations occurring during the term of the construction agreement. CONTACTOR shall require these non-discrimination terms of its subcontractors providing services under the construction agreement. 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, September 10, 2020. 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00100 INVITATION TO BID Page 3 of 3 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 23rd day of August, 2020. Mike Mass Interim City Clerk, City of Bozeman Published Bozeman, Montana, August 23, 2020 August 30, 2020 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.06_AspenStreet INSTRUCTIONS TO BIDDERS (3/9/20) ep Page 1 of 6 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 the printed forms provided by the City. Each bid shall be enclosed in a sealed envelope addressed to City Clerk, City Hall, Suite 200, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: 5th Avenue Sewer 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. NON-DISCRIMINATION AFFIRMATION FORM – No Bids will be considered unless accompanied by a signed Non-Discrimination Affirmation From bound herein. 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. RESPONSIBILITY 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 that person’s 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 responsive and responsible bid, the following elements will be considered: whether the bidder involved (a) maintains a permanent place of business; (b) has adequate plant and DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.06_AspenStreet INSTRUCTIONS TO BIDDERS (3/9/20) ep Page 2 of 6 equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to the work; and (d), has appropriate technical experience. Each bidder may be required to show that bidder’s former completed work 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 the bidder is engaged on any other work which impairs the bidder’s ability to finance this contract. The bidder shall demonstrate any or all of the herein stipulated qualifications if asked for them. EXAMINATION OF CONTRACT DOCUMENTS AND SITE – Before submitting a bid, each bidder must (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with location conditions that may, in any manner, affect cost, progress, or performance of the work; (c) understand the applicable 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 drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting a bid, each bidder will, at bidder’s own expense, make such additional investigations and tests as the bidder may deem necessary to determine a 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 to submission of a 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 the 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 the bidder 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. 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, they 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 the bidder’s ability to complete the work within the stipulated time. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.06_AspenStreet INSTRUCTIONS TO BIDDERS (3/9/20) ep Page 3 of 6 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 a 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. WITHDRAWAL OF BID – No bidder may withdraw a bid for a period as specified in the Invitation to Bid after the date and hour set for the opening declared herein. A bidder may withdraw that bidder’s submitted proposal by a written request of the bidder at any time prior to the expiration of the period during which bids may be submitted, which request must be signed in the same manner, and by the same person or persons who signed the bid. ACCEPTANCE AND REJECTION OF BIDS – The Owner reserves the right to accept or reject the bids, or portion 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, to reject nonconforming, nonresponsive, 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 the bidder 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 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. The Contractor shall not be required to employ any subcontractor against whom the Contractor has reasonable objection. The use of subcontractors listed by the bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. AWARD OF CONTRACT – 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 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, DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.06_AspenStreet INSTRUCTIONS TO BIDDERS (3/9/20) ep Page 4 of 6 nonconforming, nonresponsive, unbalanced, or conditional bids. Owner further reserves the right to reject the bid of any bidder whom it finds, 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, or other individuals or entities proposed of 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 a Notice of Award within sixty (60) days after the day of the bid opening. If, at any time this contract is to be awarded, the total of the lowest acceptable bid proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all bid proposals or take such other action as best serves the Owner’s interests. The award of contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsible bidder whose bid complies with all the requirements described herein. The successful bidder will be notified, by letter mailed to the address shown on the bid, that the bid has been accepted, and that the contract has been awarded. CANCELLATION OF AWARD – The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. RETURN OF BID GUARANTEE – All bid guarantees, except those of the three lowest bidders, will be returned immediately following the opening and checking of the bids. The bid guarantees of the unsuccessful of the three lowest bidders will be returned within 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.06_AspenStreet INSTRUCTIONS TO BIDDERS (3/9/20) ep Page 5 of 6 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 the 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 and insurance, 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 that 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, and insurance 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 Instruction to Bidders, Bid Form, Bond Forms, Agreement, Contract Specifications, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of the bid. Only proposals contained within bound copies of the Contract Documents obtained directly from Sanderson Stewart 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 specified in the Agreement. When the work extends beyond 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 the standard prevailing rate of wages for all labor employed. 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 under the Montana Statewide Prevailing Wage Rates and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.06_AspenStreet INSTRUCTIONS TO BIDDERS (3/9/20) ep Page 6 of 6 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. ADDITIONAL CONTRACTOR LICENSE 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, one percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. END OF SECTION DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A P:18098.10_5th Sewer_AF AGREEMENT FORM 07/27/20 Page 1 of 6 AGREEMENT FORM THIS AGREEMENT is dated as of the day of in the year 2020 by and between CITY OF BOZEMAN, hereinafter called OWNER, and H&H EARTHWORKS, INC, 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 work is generally described as follows: Installation of 8-inch Sanitary in 5th Avenue from Oak Street to Aspen Street, Bozeman, Montana. The project for which the work under the Contract Documents may be the whole or only a part is generally described as follows: Schedule II – Installation of 8-inch Sanitary in 5th Avenue from Oak Street to Tamarack Street, Bozeman, Montana. . ARTICLE 2. ENGINEER. The project has been designed by Sanderson Stewart; 1610 Ellis Street, Suite 2B, Bozeman, Montana, who is hereinafter called ENGINEER and who is to act as OWNER’S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME. 3.1 The work will be completed within 45 calendar days after the date when the contract time commences to run, as provided in the General Conditions. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of 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 penalty), CONTRACTOR shall pay OWNER Five Hundred and 00/100 Dollars ($500.00) for each day that expires after the time specified herein until the work is substantially completed. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 3/9/2021 P:18098.10_5th Sewer_AF AGREEMENT FORM 07/27/20 Page 2 of 6 ARTICLE 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents for the sum (subject to adjustment as provided in the Contract Documents) of Three Hundred Sixty-Five Thousand, Seven Hundred and Sixty-Six and 00/100 Dollars ($365,766.00). ARTICLE 5. 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. 5.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S applications 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. 5.1.1 The OWNER may retain a portion of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. Five percent (5%) of the amount of each payment shall be withheld until work is 50 percent completed, based upon dollar value of the contract work items. When work is 50 percent complete, the amount withheld may be reduced at the discretion of the OWNER and provided that the CONTRACTOR is making satisfactory progress, and there is no specific cause for greater withholding. When the work is substantially complete, the amount withheld shall be further reduced below five percent (5%) to an amount determined by the ENGINEER necessary to assure completion. Up to five percent (5%) withholding may be reinstated after the 50 percent completion stage if the OWNER, at OWNER’S discretion, determines that the progress is not satisfactory or if there is other specific cause for such withholding. 5.2 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 6. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate of 1-1/2% per month and paid solely by OWNER. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized themselves with the nature and extent of the Contract Documents, work, locality, and with all location conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the work. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_5th Sewer_AF AGREEMENT FORM 07/27/20 Page 3 of 6 7.2 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. 7.3 CONTRACTOR has made, or caused to be made examinations, investigations, tests and studies of such reports and related data, in addition to those referred to above, as CONTRACTOR 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. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that the CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8. 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: 8.1 This Agreement 8.2 Exhibits to this Agreement (if any) 8.3 Performance Bond and Payment Bond 8.4 Proposal Form (where applicable) 8.5 Disadvantaged Business Enterprises (DBE) Requirements (where applicable) 8.6 FHWA Form 1273 (where applicable) 8.7 Required Contract Provisions for Federal-Aid Construction Contracts (where applicable) 8.8 Special Provisions, EEO Affirmative Action Requirements on Federal and Federal-Aid Construction Contracts (where applicable) 8.9 Supplementary Specifications 8.10 Certificate of Insurance DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_5th Sewer_AF AGREEMENT FORM 07/27/20 Page 4 of 6 8.11 Standard General Conditions 8.12 Wage Rates, if applicable 8.13 Standard Modifications, if applicable 8.14 Special Provisions, if applicable 8.15 Montana Public Works Standard Specifications, Sixth Edition, April 2010, including the City of Bozeman Standard Modifications with addendum, thereof. 8.16 Technical Specifications, as listed in Table of Contents thereof, if applicable 8.17 Drawings 8.18 Addenda listed on the bid form 8.19 CONTRACTOR’S executed bid form 8.20 Documentation submitted by CONTRACTOR prior to Notice of Award 8.21 Notice of Award 8.22 Notice to Proceed 8.23 Any modification, including Change Orders, duly delivered after execution of Agreement 8.24 Any Notice of Partial Utilization 8.25 Notice of Substantial Completion 8.26 Lien Waivers 8.27 Notices of Final Completion and Acceptance There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended, or repealed only by a modification (as defined in the General Conditions). ARTICLE 9. MISCELLANEOUS. 9.1 Terms used in this Agreement, which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. 9.2 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 their partners, successors, assigns, DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_5th Sewer_AF AGREEMENT FORM 07/27/20 Page 5 of 6 and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet their interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory the right to be engaged in or employed upon any part of the work. 9.3 In the event it becomes necessary to either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 9.4 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 the Agreement. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_5th Sewer_AF AGREEMENT FORM 07/27/20 Page 6 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (Contractor) By (SEAL & ATTEST) Title (Joint Venture) By (SEAL & ATTEST) Title City of Bozeman (Owner) By (SEAL & ATTEST) Title City Manager City Clerk APPROVED AS TO FORM: (City Attorney) DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA President H & H Earthworks Assistant City Attorney D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A D o c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPANIES ______________________ ASSOCIATED GENERAL CONTRACTORS OF AMERICA ______________________ AMERICAN SOCIETY OF CIVIL ENGINEERS _______________________ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 and 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 C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 6 2.02 Copies of Documents .................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed ............................................................... 6 2.04 Starting the Work .......................................................................................................................... 7 2.05 Before Starting Construction ........................................................................................................ 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 7 2.07 Initial Acceptance of Schedules .................................................................................................... 7 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent .............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents ................................................................... 9 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data ............................................................................................................................ 10 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................................................................................................... 11 4.01 Availability of Lands ................................................................................................................... 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 ........................................................................................................ 19 5.06 Property Insurance ....................................................................................................................... 19 5.07 Waiver of Rights ......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ......................................................................... 21 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer .......................................................... 22 Article 6 – Contractor’s Responsibilities ........................................................................................................ 22 6.01 Supervision and Superintendence ............................................................................................... 22 6.02 Labor; Working Hours ................................................................................................................ 22 6.03 Services, Materials, and Equipment ........................................................................................... 22 6.04 Progress Schedule ....................................................................................................................... 23 6.05 Substitutes and “Or-Equals” ....................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 25 6.07 Patent Fees and Royalties ........................................................................................................... 27 6.08 Permits ......................................................................................................................................... 27 6.09 Laws and Regulations ................................................................................................................. 28 6.10 Taxes ........................................................................................................................................... 28 6.11 Use of Site and Other Areas ........................................................................................................ 28 6.12 Record Documents ...................................................................................................................... 29 6.13 Safety and Protection .................................................................................................................. 29 6.14 Safety Representative .................................................................................................................. 30 6.15 Hazard Communication Programs.............................................................................................. 30 6.16 Emergencies ................................................................................................................................ 30 6.17 Shop Drawings and Samples ...................................................................................................... 31 6.18 Continuing the Work ................................................................................................................... 32 6.19 Contractor’s General Warranty and Guarantee .......................................................................... 33 6.20 Indemnification ........................................................................................................................... 33 6.21 Delegation of Professional Design Services ............................................................................... 34 Article 7 – Other Work at the Site ................................................................................................................... 35 7.01 Related Work at Site ................................................................................................................... 35 7.02 Coordination ................................................................................................................................ 35 7.03 Legal Relationships ..................................................................................................................... 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 ............................................................................................................................. 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 Limitations on Owner’s Responsibilities ................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition .................................................................... 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 9.02 Visits to Site ................................................................................................................................ 37 9.03 Project Representative ................................................................................................................. 38 9.04 Authorized Variations in Work .................................................................................................. 38 9.05 Rejecting Defective Work ........................................................................................................... 38 9.06 Shop Drawings, Change Orders and Payments .......................................................................... 39 9.07 Determinations for Unit Price Work .......................................................................................... 39 9.08 Decisions on Requirements of Contract Documents and 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 10.01 Authorized Changes in the Work ............................................................................................... 40 10.02 Unauthorized Changes in the Work ............................................................................................ 41 10.03 Execution of Change Orders ....................................................................................................... 41 10.04 Notification to Surety .................................................................................................................. 41 10.05 Claims .......................................................................................................................................... 41 Article 11 – Cost of the Work; Allowances; Unit Price Work ....................................................................... 42 11.01 Cost of the Work ......................................................................................................................... 42 11.02 Allowances .................................................................................................................................. 45 11.03 Unit Price Work .......................................................................................................................... 45 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 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 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 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 14.09 Waiver of Claims ........................................................................................................................ 58 Article 15 – Suspension of Work and Termination ........................................................................................ 59 15.01 Owner May Suspend Work ......................................................................................................... 59 15.02 Owner May Terminate for Cause ............................................................................................... 59 15.03 Owner May Terminate For Convenience ................................................................................... 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 Law .......................................................................................................................... 62 17.06 Headings ...................................................................................................................................... 62 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 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. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 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—The 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 or after 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 12. Contract Documents—Those items so 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 Contract 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 in the case of Unit Price 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 date indicated in 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 last of 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. 24. Laws and Regulations; Laws 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. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 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 Proceed—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 Agreement 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 Documents may be the whole, or a part. 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 of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements 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 materials 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 materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 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 in 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 F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning 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. 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 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 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 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. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; 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 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 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 A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not 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: DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 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 may 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; 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 Times, or both, as a result of any delay in Owner’s furnishing the Site 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 record 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. 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. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or 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). 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 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 4.03 Differing Subsurface or Physical Conditions 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 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 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: 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 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times 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 becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 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 4.03.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 of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. 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 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 consequences of the existence or location of the Underground Facility. During such time, 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 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. 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 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a 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 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in 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 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 of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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. 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 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 5.01.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 5.01.B 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 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. 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 that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the 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 may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 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: DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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 insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 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 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 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 Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 5.05 Owner’s Liability 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 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, 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 equipment stored at the Site or at another location that was agreed to in 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; 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 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, DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 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. 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. 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: DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial 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 any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such 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 such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded 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 the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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. 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 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 and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 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. 2. 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. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the 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 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; DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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 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 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: 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 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 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: 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: 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 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 c) 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, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in 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 proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require 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 prior to the Effective Date of the Agreement, and if Contractor has submitted a list 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 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 the cost occasioned by such replacement, and an appropriate Change 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 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 Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating 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 trade. 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 for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 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, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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 monitoring Contractor’s compliance with any Laws or Regulations. 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 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 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. B. Removal of Debris During Performance of 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 may be 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 3. 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 applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 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 their property. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 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.B 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 if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 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. 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 specified in 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 be at 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review 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 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 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 means, 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) 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. 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. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on 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: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and 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 . DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 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 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 and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 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 6.17.D.1. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 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 the Site 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: 1. 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 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 owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 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; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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 Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C 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 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 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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. 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 Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 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 pursuant to 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. 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 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 testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. 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. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of 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 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 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. 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 WORK; 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 10.05. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented 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 provided in Paragraph 13.04.D. 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 10.01.A, (ii) 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; 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 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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 party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 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.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action 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 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 11.01.B, and shall include only the following items: DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, 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 equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as 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 Documents to purchase and maintain. 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 considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor’s Fee: When all the Work 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 as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, 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. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. 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, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of 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. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the 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 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 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 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 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment 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 sum (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 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis 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 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; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 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 adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays 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 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 neglect by Owner, acts or neglect of utility 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 performance 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 12.03.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. Prompt 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 programs so that they may comply therewith as applicable. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 13.03 Tests and Inspections 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: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 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) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging 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. 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 Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 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. 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 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 or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled 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 fails to 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 Correction 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 is not 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 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 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 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 do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with 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 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 Owner 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 other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising 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 damages 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. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the 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.B.2. 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 revoke 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: 1. 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 D. Reduction in Payment: 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 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. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of 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 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. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 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 a revised 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 of the remainder 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 14.04.A 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 Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work 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: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; 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 which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance: 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations 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 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 (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is 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; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by 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 Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws 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 the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B 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. 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 5.01.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 A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. 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) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. 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 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 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 Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 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 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. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall 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.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the 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 competent 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: DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 1. 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 mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be 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 in 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 1 of 12 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 2 of 12 SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor’s full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor’s Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.5.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01.C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner’s easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC - 4.02 - SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special Provisions. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 3 of 12 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 4 of 12 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.B: 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 . S t a t e S t a t u t o r y b. Applicable Federal (e.g. Longshoremans) Statutory c. Employer’s Liability $ 500,000.00 2. Contractor’s Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 c. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 5 of 12 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.B. 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.B.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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 6 of 12 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words “30 days” and replacing them with the words “45 days” and as so amended paragraph 5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer’s Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder’s Risk “all risk” or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 7 of 12 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.C 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.B: Regular working hours are defined as 8:00 AM. to 5:00 P.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 will be acceptable to Engineer as providing an orderly 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 8 of 12 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.C 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 be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 9 of 12 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer’s Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01.A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 10 of 12 equipment rental rates will be negotiated prior to the work being performed. SC-l1.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: l. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second 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 l4.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.1.a. through 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor’s updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 11 of 12 SC – 14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 12 of 12 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 O w ne r . A ll te sts a nd instruction of Owner’s personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2020 Effective: January 2, 2020 Steve Bullock, Governor State of Montana Galen Hollenbaugh, 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 406-444-6543 The department 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 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 department at (406) 444-6543. 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 department at (406) 444-6543. GALEN HOLLENBAUHG Commissioner Department of Labor and Industry State of Montana DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A. Date of Publication ………………………………………………………………………………………………………………. 3 B. Definition of Highway 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. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates ……………………………………………………………………………………………………………………. 5 R. Foreman Rates …………………………………………………………………………………………………………………. 5 BRICK, BLOCK, AND STONE MASONS ………………………………………………………………………………………........ 6 CARPENTERS ………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS ……………………………………………………………………………….. 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 …………………………………………………………………………………………………………..... 6 OPERATORS GROUP 2 ……………………………………………………………………………………………………………. 7 OPERATORS GROUP 3 ……………………………………………………………………………………………………………. 7 OPERATORS GROUP 4 ……………………………………………………………………………………………………………. 8 OPERATORS GROUP 5 ……………………………………………………………………………………………………………. 8 OPERATORS GROUP 6 ……………………………………………………………………………………………………………. 8 OPERATORS GROUP 7 ……………………………………………………………………………………………………………. 8 CONSTRUCTION LABORERS LABORERS GROUP 1 ……………………………………………………………………………………………………………. 9 LABORERS GROUP 2 ……………………………………………………………………………………………………………. 9 LABORERS GROUP 3 ……………………………………………………………………………………………………………. 9 LABORERS GROUP 4 ……………………………………………………………………………………………………………. 10 DIVERS …………………………………………………………………………………………………………………………………. 10 DIVER TENDERS ………………………………………………………………………………………………………………………. 10 ELECTRICIANS ………………………………………………………………………………………………………………………… 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS ……………………………………………………………. 11 LINE CONSTRUCTION EQUIPMENT OPERATOR …………………………………………………………………………...…………………………….. 11 GROUNDMAN ……………………………………………………………………………………………………………………….. 11 LINEMAN …………………………………………………………………………………………………………………………..….. 12 MILLWRIGHTS ………………………………………………………………………………………………………………………….. 12 PAINTERS ……………………………………………………………………………………………………………………………… 12 PILE BUCKS …………………………………………………………………………………………………………………………….. 12 TRUCK DRIVERS ……………………………………………………………………….........……………...................................... 12 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 3 A. Date of Publication January 2, 2020 B. Definition of Highway Construction The Administrative Rules of Montana (ARM), 24.17.501(3) – (3)(a), states “Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction), fencing (highway), grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians, parking lots, parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, and trails.” C. Definition of Public Works Contract Section 18-2-401(11)(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 Highway 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, Heavy Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the department at (406) 444-6543. 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 of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency.” DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 4 G. Fringe Benefits Section 18-2-412, MCA states: “(1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide 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 shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job.” See section H above for a list of dispatch cities. 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 fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 5 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 continuing for 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. Projects of a Mixed Nature Section 18-2-408, MCA states: “(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification” P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes_stru.htm Q. Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R. 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 6 WAGE RATES BRICK, BLOCK, AND STONE MASONS Wage Benefit $28.71 $14.79 Travel: 0-45 mi. free zone >45-60 mi. $32.50/day >60-90 mi. $62.00/day >90 mi. $75.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit $31.00 $13.57 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit $24.87 $12.64 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $26.52 $11.50 This group includes but is not limited to: 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. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $28.55 $11.50 This group includes but is not limited to: 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; Pumpcrete\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 Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $29.41 $11.50 This group includes but is not limited to: 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. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $30.10 $11.50 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $31.44 $11.50 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $32.13 $11.50 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $34.23 $11.50 This group includes but is not limited to: 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. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 9 CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $20.90 $11.00 Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $23.97 $10.47 This group includes but is not limited to: 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. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 3 Wage Benefit $24.19 $10.47 This group includes but is not limited to: 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. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 10 CONSTRUCTION LABORERS GROUP 4 Wage Benefit $25.18 $10.47 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents DIVERS Wage Benefit Stand-By $41.23 $16.88 Diving $82.46 $16.88 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. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents DIVER TENDERS Wage Benefit $40.23 $16.88 The tender shall receive 2 hours at the straight time pay rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 11 ELECTRICIANS Wage Benefit $34.08 $14.91 Travel: No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day ↑ Back to Table of Contents IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit $28.00 $26.40 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: 0-45 mi. free zone >45-60 mi. $40.00/day >60-100 mi. $65.00/day >100 mi. $85.00/day Special Provision: When the employer provides transportation, travel will not be paid. However, when an employee is required to travel over 70 miles one way, the employee may elect to receive the travel pay in lieu of the transportation. ↑ Back to Table of Contents LINE CONSTRUCTION – EQUIPMENT OPERATORS Wage Benefit $35.04 $16.45 Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – GROUNDMAN Wage Benefit $27.36 $15.60 Travel: No Free Zone $60.00/day ↑ Back to Table of Contents DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 12 LINE CONSTRUCTION – LINEMAN Wage Benefit $45.74 $17.60 Travel: No Free Zone $60.00/day ↑ Back to Table of Contents MILLWRIGHTS Wage Benefit $32.00 $13.57 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PAINTERS Wage Benefit $28.00 $10.30 Zone Pay: 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + $3.00/hr. ↑ Back to Table of Contents PILE BUCKS Wage Benefit $31.00 $13.57 Duties Include: 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. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 13 TRUCK DRIVERS Wage Benefit Pilot Car Driver $22.39 $11.00 Truck Driver $28.06 $10.16 Truck drivers include but are not limited to: 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. Zone Pay: All Districts 0-25 mi. free zone >25-50 mi. base pay + $2.50/hr. >50 mi. base pay + .$3.00/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 1 of 18 SPECIAL PROVISIONS SP-1 SPECIFICATIONS AND CONTRACT DOCUMENTS The Bidding Requirements, Contract Forms, Conditions of the Contract, Standard General Conditions, and Specifications governing this contract are these Contract Documents, the Montana Public Works Standard Specifications (MPWSS), Sixth Edition, April 2010 and the City of Bozeman Modifications to the MPWSS, Sixth Edition, March 2011, including all addenda. SP-2 GENERAL The following special provision items are included to supplement the standard specifications and to clarify items specific to this contract. These provisions are part of the overall specifications and, as such, shall be regarded in a like manner during the bidding process and during the construction phase. The special provision items shall govern during the construction phase and shall supersede items of like nature in the standard specifications. Precedence shall be given in the following order: 1) Special Provisions; 2) City of Bozeman Modifications to the MPWSS, Sixth Edition, March 2011, including all addenda; 3) Montana Public Works Standard Specifications (MPWSS), Sixth Edition, April 2010. Contractor shall coordinate all construction activities through all phases of the project, the intent being to complete the proposed construction in a neat orderly fashion, in a timely manner, and with a minimum of disturbance to neighbors and the traveling public. The Contract Drawings consist of 9 sheets. Each sheet bears the following general title: 5TH AVENUE SANITARY SEWER. Contractor shall construct project only using plan sheets marked “Issued for Construction”. SP-3 PROJECT DESCRIPTION The project consists of: Installation of approximately 2,400 LF of 8-inch sanitary sewer from Aspen Street to Oak Street which includes a gravel access road, existing asphalt paving removal and restoration, and re-grading an existing ditch. The project will be separated into 2 Schedules (or Phases) to include Schedule I from Aspen Street to Tamarack Street and Schedule II from Tamarack Street to Oak Street. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 2 of 18 SP-4 SCHEDULING Prior to or at the Preconstruction Conference, the Contractor shall provide the Engineer with a Construction Progress Schedule showing the order, timing, and progress in which the Contractor proposes to complete the work. This schedule shall be in bar graph, CMP, or PERT format. The schedule shall be updated and resubmitted with each application for payment requested. SP-5 PAYMENT AND PERFORMANCE BONDS Payment and Performance Bonds are required in accordance to the Montana Public Works Standard Specifications (MPWSS), Sixth Edition, April 2010. Bond forms have been provided in the Payment and Performance Bonds section of the Contract Documents. SP-6 PREVAILING WAGE RATES Work performed under this contract is not subject to the Federal Davis-Bacon Wage Rates. Montana Prevailing Wage Rates shall apply. SP-7 PAYMENT OF CHANGE ORDERS Additional work, above and beyond the original contract work will not be paid for without a signed change order or contract amendment signed by the Owner prior to the start of any additional work. The one exception will be in the event verbal approval for a change order is granted by the Owner, a letter stating the same must be signed by the Owner prior to the start of any additional work. Any work that has begun prior to obtaining approval from the Owner, or the exception listed above, will not be paid for by the Owner and will not be added to the contract. A reconciling change order showing final in-place quantity over-runs and under-runs will be prepared before the final payment to the Contractor. The unit prices will remain unchanged. This reconciling change order shall be prepared before authorization of final payment to the Contractor. SP-8 ADVERSE WEATHER SHUTDOWN The Contractor is advised that should the Contractor request an adverse weather shutdown and should such a shutdown be approved by the Engineer, all work on the project shall cease. The Engineer will not be available for work inspection during such shutdowns and any work completed by the Contractor during such a shutdown will not be accepted by the Engineer. In no case will an adverse weather shutdown be approved by the Engineer until all temporary services have been restored. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 3 of 18 During adverse weather shutdown, Contractor must maintain stormwater management facilities in accordance to the Stormwater Management and Erosion Control Permit, and maintain all temporary roads and walkways. SP-9 BASIS OF PAYMENT The bid items included in the Bid Form include all items, which will receive payment under this contract. Additional work described in the Contract Documents or shown on the Plans, which is not specifically listed in the Bid Form, shall be considered incidental to the closest associated Bid Item. The basis for payment shall be as abbreviated on the Bid Form and defined below: LS = Lump Sum EA = Each LF = Linear Feet VF = Vertical Feet CY = Cubic Yard SY = Square Yard SF = Square Feet TN = Ton GL = Gallon At project completion, adjustments to quantities will be made based on actual amounts installed. Adjustments will not be made for Lump Sum items unless the scope of work is substantially changed during construction as determined by the Engineer. The Engineer shall have final authority in determining if the scope of work has substantially changed. If scope of work must be changed due to negligence or fault of the Contractor, additional payment for Lump Sum items shall not be made. Quantity adjustments to all non-lump sum items shall be measured by the Engineer in the presence of the Contractor. Payment for each item shall be for the finished product including all labor, materials, equipment, overhead, profit and any other miscellaneous items unless otherwise noted in the Contract Documents. Mobilization and Insurance Bid Items. These items include the mobilization of equipment to the site, insurance and bond costs and demobilization. Payment for Mobilization and Insurance Bid Items shall be made as follows. Sixty (60) percent of the total item shall be paid with the first application for payment. The remaining forty (40) percent of the total shall be paid with the first application for payment that is submitted to the Engineer after the Certificate of Substantial Completion has been signed by the Engineer and the Owner. Partial Payments of Lump Sum Bid Items. Payment for all lump sum items shall be made on the basis of percent of work complete on individual items at the time the Contractor submits the Application for Payment to the Engineer. If required by the Engineer, the Contractor shall provide evidence of percent of work complete. The DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 4 of 18 percent of work shall then be determined by the judgment and calculations of the Engineer. SP-10 LIMITS OF CONSTRUCTION The Contractor is required to confine construction activities within the limits of the public right-of-way, public easements or designated City owned utility right-of-way easements, or designated construction or staging areas. Construction limits should be within the 5th Avenue from Oak Street to Aspen Street and Hemlock Street right-of- way immediately adjacent to the work. Contractor shall not disturb existing natural vegetation more than is required for construction. Vacant lots and/or undeveloped land shall not be available for Contractor use during the course of construction, unless permission is obtained from the adjacent property owner. The contract limits are the limits of grading unless shown otherwise. The limits of clearing and grubbing are confined to the limits of grading and to specific limited locations where removals are noted on the plans or directed by the Engineer. The Contractor is required to protect all vegetation. Unless specifically designated for removal, all trees and other improvements in or adjacent to the project shall not be touched, trimmed or injured. All restoration outside the limits of the construction areas shall be at the Contractor’s expense. SP-11 STAGING AREA The staging area for this project shall be identified by the Contractor. The Contractor may use the existing right-of-way as a staging area provided the stored materials and/or equipment does not interfere with traffic or limit sight distance, and does not block access to any intersecting roadways or driveways. Contractor shall notify adjacent private property owners of any disruption in access to private property. If additional area is needed, the Contractor is responsible securing the property. Any agreements made between Contractor and adjacent property owners shall be in writing executed by the property owner and an executed copy shall be filed with the Owner and the Engineer, prior to Contractor occupancy of land. SP-12 CONSTRUCTION ACCESS The Contractor may access the project site via adjacent arterial or collector streets. Construction traffic on driveways adjacent to the project shall be limited to the minimum amount required to complete the work in those areas. In order to leave the site in its original condition, the Contractor shall repair any damage caused by construction activities to concrete, asphalt, landscaping or other existing site features and shall broom clean areas of adjacent roadways. Any damage to existing surfaces or landscaping will be repaired at the Contractor’s expense. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 5 of 18 SP-13 PRESERVATION AND REPAIR BY CONTRACTOR The Contractor shall be responsible for the preservation of existing paved and gravel street sections which are not to be disturbed by construction. The Contractor is hereby cautioned that any damage done in any paved or gravel service road, due to any construction or travel operations (hauling, storage, unloading, etc.), shall be repaired and/or replaced at Contractor’s expense, and to the satisfaction of the Owner. The Contractor shall familiarize themselves with the existing sections in the area and consider self-imposed load restrictions conforming to those sections. All access roads shall be kept free and clear of all mud, gravel, debris, etc., during the project. There will be no additional payment to the Contractor for the cleaning and sweeping of all access roads. If the Contractor fails to keep access roadways clean and City crews are required to provide this service, the cost of this work will be deducted from the Contractor’s application for payment. Through installation of the improvements contemplated by the work, Contractor may encounter existing landscaping or other public or private improvements. Contractor shall repair any landscaping features including, but not limited to, sprinkler heads, irrigation piping, electrical wiring, valves and appurtenances, landscaping mulch, rock and other landscaping improvements. Contractor shall also repair to existing condition, any other improvements (public or private) to the satisfaction of the owner of the improvement if damaged during completion of the work. Repair of damaged items noted shall be incidental to all bid items, and shall be at the Contractor’s expense. SP-14 CONTRACTOR'S SUPERINTENDENT The Contractor will be required to have a full-time resident General Superintendent on the project at all times while the work is in progress. The General Superintendent shall be knowledgeable and qualified to evaluate the quality of not only the general construction work but especially the systems and installations of subcontract work. The General Superintendent shall: • Aggressively evaluate on a day-to-day basis and be responsible for the quality and acceptability of all work. • Make the first determination as to the fitness and compliance of all work performed. • Be the initiator in regard to rejection of unfit work. • Not passively default or abdicate, in the first analysis, these duties to the Engineer or to the Owner. The General Superintendent shall be in a position to direct the work and make decisions either directly or through immediate contact with General Superintendent’s DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 6 of 18 superior. Absence or incompetence of the General Superintendent shall be reason for the Owner to stop all work on the project. The General Superintendent or Contractor’s designated representative shall maintain, at the project site, a “Record Set of Drawings” showing field changes, as-built elevations, unusual conditions encountered during construction, manufacturer’s catalog number of equipment supplied, and other data as required to provide the Owner with an accurate “as-constructed” set of drawings. An approval by the Engineer shall not be given on the final payment request until complete record drawings are submitted to the Engineer. SP-15 CONTRACTOR WORK HOURS The schedule for this project has been figured on the basis of the Contractor working five days a week (Monday through Friday, excluding legal holidays), ten (10) hours a day. Should the Contractor and/or Contractor’s subcontractor(s) desire to work more than five (5) days per week or more than ten (10) hours per day, then approval to do so must be obtained from the Engineer. If the additional work hours result in costs above and beyond the Engineer’s contract fees, the actual cost of the additional Engineer’s services will be the responsibility of the Contractor and will be deducted from the Contractor’s application for payment. These costs shall not be considered a part of the liquidated damages. Listed below is the applied rate schedule in the event the Engineer is due additional compensation. Hourly Fee Schedule Staff Personnel Services Expert Witness/Special Consultant = $ 265.00 Principal = $ 190.00 Senior Engineer = $ 170.00 Project Engineer = $ 115.00 Staff Engineer = $ 90.00 Engineer Intern = $ 65.00 Senior Land Planner = $ 135.00 Land Planner = $ 130.00 Landscape Architect = $ 125.00 Landscape Designer = $ 80.00 Senior Professional Land Surveyor = $ 130.00 Professional Land Surveyor = $ 110.00 Staff Surveyor = $ 95.00 Field Survey Technician = $ 80.00 Marketing Director = $ 125.00 Graphic Artist = $ 100.00 Photographer = $ 180.00 Web Developer = $ 90.00 Designer = $ 90.00 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 7 of 18 CADD Technician = $ 80.00 Senior Construction Engineering Technician = $ 110.00 Construction Engineering Technician = $ 85.00 Construction Inspector = $ 80.00 Project Administrator = $ 70.00 Administrative/Clerical = $ 65.00 No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Saturdays, Sundays, or legal holidays, without the written approval of the Owner. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the Owner’s approval. SP-16 CONTRACTOR RESPONSIBILITIES The Contractor shall be responsible for obtaining all permits as required by local government agencies. The Contractor shall enforce strict discipline and good order among Contractor’s employees and other persons carrying out the Agreement. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the work. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Agreement. At completion of this work, the Contractor shall remove from and about the project waste materials, rubbish, tools, construction equipment, machinery and surplus materials. To the fullest extent of the Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer from and against all claims, costs, damages, losses and expenses, including, but not limited to, attorney's fees arising out of or resulting from performance of the work caused in whole or in part by negligent acts or omissions of the Contractor, subcontractor(s), anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. The Contractor shall coordinate all phases of the work with Owner’s use of the facility to minimize or avoid conflict, protect all existing work adjacent to new construction, and repair any damage and leave premises in original condition, except where otherwise specified by the Engineer. Contractor agrees to attend or be represented at weekly team meetings during the term of the project to assure coordination with the other project participants if required. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 8 of 18 SP-17 TEMPORARY FACILITIES Water, power, heat, and toilet facilities are not available at the job site. The Contractor shall provide, at Contractor’s expense, temporary water, power, heat, and toilet facilities, as required. The Contractor shall design, construct, and maintain miscellaneous services and facilities as needed to accommodate performance of the work, including temporary stairs, ramps, ladders, staging, shoring, scaffolding, temporary partitions, waste chutes, sidewalk bridge/walkway, and similar items. SP-18 REMOVAL AND DISPOSAL OF EXISTING ASPHALT, CONCRETE, ETC. Excess material of any kind generated by the work shall be hauled to an off-site location of the Contractor’s choice and be legally disposed of. The costs associated with hauling and disposing of excess material shall be incidental to the bid items specified for material removal, and shall be at the Contractor’s expense. SP-19 DUST CONTROL The Contractor shall provide dust abatement for all roads and work areas and prevent dust from becoming an air quality concern or nuisance to adjacent properties. There will be no payment for dust control and shall be at the Contractor’s expense. SP-20 WATER FOR CONSTRUCTION PURPOSES Construction water required for compaction of embankments, subgrade, gravel courses, paving, or any other construction related work must be supplied by the Contractor at Contractor’s expense. Should the Contractor choose to approach local agencies, regarding the purchase and use of such water, the necessary agreements must be in place. SP-21 PRIVATE UTILITY COORDINATION The Contractor will need to coordinate operations with private utility service providers for the moving, crossing, support or reinstallation of services, poles, and mainlines and their appurtenances. SP-22 UNDERGROUND UTILITY CROSSINGS The Contractor shall be responsible for checking with the owners of the underground utilities such as power, gas, and telecommunications 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 9 of 18 It shall be solely the responsibility of the Contractor to fully coordinate Contractor’s work with the agencies and to keep them informed of Contractor’s construction activities so that these vital installations are fully protected at all times. A Montana One-Call system (1-800-424-5555) has been established to facilitate requests for underground facility location information. The Contractor is cautioned that all utilities may not be on this system. Type 1 Bedding Material and Type A Trench Backfill shall be utilized to replace material under and around such municipal and private utility lines. Compaction above the bedding material and under the utility line crossing is critical and must be maintained. No separate measurement and payment shall be made for this item. All costs shall be considered an integral part of and be included in the price bid for items complete-in-place. The relocating, bracing, raising or supporting of facilities as required by this construction will be the responsibility of the Contractor. The Contractor shall schedule Contractor’s operations and establish such coordination with the respective owners as necessary so that any conflicts are avoided. The Contractor shall have full agreement and understanding with the affected utility companies on what the existing conditions are and what will be necessary to be changed for the Contractor’s construction. The Contractor will obtain any permits, agreements, or insurance required. No separate measurement and payment shall be made for this item, unless specifically noted. All costs shall be considered an integral part of and be included in the price bid for pipe complete-in-place. SP-23 SIGNS, SIGN POSTS AND UTILITY POLES All existing signs, sign posts and utility poles determined to be in the path of the work zone shall be temporarily removed and later replaced in their previous location. The conditions of MPWSS Section 02114 shall apply to this section with the exception that there shall be no separate measurement and payment for this item, except where specifically called out on the plans or where a specific bid item is provided. SP-24 SECURING WORK AREAS AND PEDESTRIAN TRAFFIC The Contractor is reminded of the importance of securing all work areas during and after construction work hours to prevent pedestrian and bicycle access. Costs associated shall be included in related bid items. SP-25 TRAFFIC SIGNING Traffic signing shall comply with the standards set forth in the current edition of the MDT Standard Specifications for Road and Bridge Construction, MDT Detailed Drawings, the Manual on Uniform Traffic Control Devices, and as detailed on the DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 10 of 18 project plans. Precedence shall be given in the following order: 1.) Information included in the contract plans and specifications; 2.) MDT Standard Specifications for Road and Bridge Construction and Detailed Drawings (current editions); and 3.) Manual on Uniform Traffic Control Devices (MUTCD). The following specific design and installation standards shall be met per the above references: • Sign panel materials, color, reflectivity, shapes and sizes • Sign panel to post mounting materials and specifications • Post types and sizes, breakaway considerations, anchor type and size, foundation type, depth, and installation specifications • Sign mounting height, offset from roadway, orientation of sign face, and installation locations SP-26 TRAFFIC CONTROL Two-way traffic should be maintained throughout the duration of construction with exception of a full closure in 5th Avenue between Hemlock Street and Aspen Street while installing the sewer and restoring the asphalt paving. Short term closures will also be allowed while extending the sewer through the intersections at Tamarack Street and Hemlock Street. The Contractor will be required to prepare and submit traffic control plans for review by the Engineer and approval by the City of Bozeman. Temporary traffic signing shall comply with City standards and the Manual on Uniform Traffic Control Devices. For each road closure that interrupts the traffic, an informational release shall be submitted to the Engineer for approval by the City of Bozeman. This informational release shall be distributed by the Contractor in the given work area forty-eight (48) hours prior to beginning construction. The Contractor shall also take measures for publicizing road closures through the Bozeman Daily Chronicle for the five days prior to the closure, as well as making contact with the public services and other news media as follows: SERVICES PHONE FAX 911 Dispatch Center 582-2092 582-2059 City of Bozeman Fire Department 582-2350 City of Bozeman Police Department 528-2000 Gallatin County Sheriff 582-2100 582-2126 Streamline Transit 587-2434 582-7946 Montana Dept. of Transportation ** 556-4700 Montana Highway Patrol 587-4525 587-4534 American Medical Response 586-0037 586-0536 City of Bozeman Clerk’s Office 582-2320 County Commissioners’ Office ** 582-3000 582-3003 ** Additional contacts if significant traffic control impacts on a principal arterial are expected or if directed by the Owner. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 11 of 18 MEDIA PHONE FAX The Bozeman Daily Chronicle 587-4491 587-7995 Clear Channel Communications 586-2343 587-2202 KBOZ Radio Stations 587-9999 587-5855 KBZM-FM 582-1045 582-0388 KTVM – NBC 6/42 TV 586-0296 586-0554 KUSM TV 994-3437 994-6545 KWYB – ABC 18/28 TV 586-3594 586-0005 KZBK – CBS 7/26 TV 586-3280 586-4135 If during the course of work, additional signing is deemed necessary by the Contractor, the Contractor shall submit a written request to the Engineer for approval by the City of Bozeman. If the additional signing results in extra expenses, then the extra expenses shall be compensated through a change order to the contract and shall be executed in accordance with all references and requirements herein. No traffic control signs shall be placed on existing sign or utility poles, during construction. SP-27 GEOTECHNICAL ENGINEERING REPORT A geotechnical investigation and report has not been completed specifically for this project. Geotechnical reports for nearby projects can be provided upon request. SP-28 COMPACTION REQUIREMENTS All work within the public right-of-way or access easements shall be compacted to at least 95 percent of maximum dry density as determined by the standard proctor method ASTM (D-698). SP-29 UNSUITABLE BACKFILL The Contractor is responsible for stabilizing all excavated areas before backfilling. Any excavated material that is unsuitable for backfill, due to moisture content (either excessively wet or dry), shall be conditioned in a manner acceptable to the Engineer to render it suitable for backfill in accordance with the MPWSS, Sixth Edition, Section 02230. All costs associated with this work shall be considered incidental. If the Contractor chooses not to condition the unsuitable materials, imported material, approved by the Engineer, shall be substituted for backfill. Imported material and disposal of unsuitable materials, other than as noted on the bid form, shall be considered incidental. SP-30 MATERIALS TESTING AND CONTROL DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 12 of 18 All testing completed on the Project shall be in accordance with the City of Bozeman Design Standards and Specifications Policy (2004) and the MPWSS, Sixth Edition, April 2010 with the City of Bozeman standards and specifications taking precedence. A. As applicable to the work being performed, the following material and control tests may be made by the Engineer to determine the compliance with the specifications: 1. Tests for storm drain, which shall include TV inspection, cleaning, exfiltration by air or water, and manhole testing. Final TV inspection for City final acceptance shall occur after all improvements are completed, including street paving. 2. Tests in accordance with methods prescribed by AASHTO for theoretical maximum density, optimum moisture content, and sieve analysis for the sub-base course, crushed base course, pit run, and native backfill and sub-grade material within the right-of-way. 3. In place density test of subgrade, subbase, base and asphalt paving or concrete paving courses. In-place density tests for trenches and embankments shall, as a minimum, be required for each lift of backfill at 200 foot intervals. In-place density tests for roadways shall be required for each lift of backfill at 200 foot intervals. Tests for roadways shall also be provided for sub-grade, sub-base course and/or pit run, and crushed base course materials. All sub-grade, which is to be paved or covered with curb, gutter, or sidewalk, shall be field density tested. All trench backfill material in improved areas and all embankments shall be compacted for the full depth and shall be compacted to 95% of the theoretical maximum proctor density as determined by ASTM- T-180. 4. Gradation, liquid limit and plasticity index tests of subbase, base and surfacing aggregates. Tests of subbase and base course materials shall be made from material in place. Tests of plant mix aggregates shall be made from samples obtained from the hot bins of the hot plant which conforms to the procedures of the Asphalt Institute’s MS-2 manual. Tests of concrete aggregates shall be made from samples at the mixer site. 5. Core sampling for bituminous pavement in the public right-of-way. Four core samples shall be required for every 1000 tons of mixture placed, with a minimum of three samples for projects that use less than 1000 tons. Testing laboratories shall meet the requirements of ASTM D3666. Core holes shall be patched with hot plant mix asphalt. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 13 of 18 6. Marshall Field Stability tests and graded extractions of the hot plant mix asphalt concrete paving courses. One “field Marshall Test” per 2000 tons of mixture placed shall be conducted in order to check for variations from the job-mix formula. In addition, ASTM D 1075 for the effect of water on cohesion of compacted bituminous material shall be conducted. 7. Portland cement concrete tests shall be required for every 50 cubic yards with a minimum of one set of tests per project. The concrete shall be sampled, specimens made, and compliance determined in accordance with the following: Sampling Fresh Concrete – ASTM C-172 Slump – ASTM C-143 or AASHTO T119 Air Content – ASTM C-231, C-173, C-138, or AASHTO T152 Compressive Strength – ASTM-C39 or AASHTO T22 Making and Curing Test Specimens in the Field – ASTM C-31or AASHTO T23 8. Stripping tests, volume swell tests, fracture tests, wear tests, and soundness tests shall be made prior to or during the Contractor’s crushing operations. 9. Concrete cylinder and beam test. 10. Periodic tests of the Contractor’s production operations of aggregate will be made for the purpose of verifying the Contractor’s control and testing of Contractor’s aggregate production. Such testing does not relieve the Contractor of their responsibility to produce material that will meet specification requirements, and Contractor will be required to make such additional tests at Contractor’s expense as required to produce aggregate meeting specification requirements. The periodic tests made by the Engineer, of the Contractor’s production may serve as the basis for rejecting stockpiles as unacceptable. The above tests – paragraphs 2 through 10 – shall be made with no cost to the Contractor, except as provided herein for test failure. Should any of these tests fail, the Contractor shall then be responsible for the cost of the failing test. The costs of the failing tests shall be deducted from the Contractor’s application for payment. B. Prior to the start of any installation of pipe, acceptability of all concrete storm drain shall be determined by the results of the three-edge bearing test to produce a 0.01 inch crack, as described in ASTM C497. The load required to produce a 0.01 inch crack shall not be less than that described in ASTM C76 for round pipe and ASTM C506 for arch pipe. The pipe sections to be tested throughout the remainder of the project shall be selected at random by the Owner or Owner’s authorized representative. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 14 of 18 All three-edge bearing test shall be completed by the manufacturer at no added cost to the Owner. C. The costs of the following tests shall be paid for by the Contractor: 1. Any additional tests the Contractor requires to control Contractor’s crushing, screening or other construction operations. 2. Asphalt cement pavement and Portland cement concrete mix designs. 3. Test failure, as provided above. 4. Any additional tests required to verify acceptable quality of supplied materials. This shall include, but not be limited to, a three-edge bearing test. D. Acceptance and rejection of materials will generally be determined from tests made of the various courses complete and in-place in the field. While the Engineer may, during course of construction, make tests at the source or point of production; it is the responsibility of the Contractor to conduct, control and test Contractor’s production operations in such a manner that the materials produced will meet the specification requirements. SP-31 SHOP DRAWINGS Shop drawings shall be submitted for all materials used in the project including, but not limited to, the following: A. Traffic Control Plan B. Erosion Control Plan C. Subbase Course (Pit Run) D. Crushed Base Course Gravel E. Asphalt Pavement F. Concrete G. Traffic Striping Materials H. Storm Drain Manholes, Curb Inlets, Piping and Other System Materials I. Water Main Valves, Hydrants, Piping and Other System Materials J. Seed and Fertilizer Mix SP-32 SPECIAL FUEL USER’S PERMIT REQUIREMENT Senate Bill 116, passed by the 2013 Montana Legislature, eliminates the requirement to obtain a Special Fuel User Permit. This bill became law upon the signature of the Governor on April 12, 2013. Rescind subsections 102.18 and 103.07(D). The requirement of Subsection 108.01.2 that subcontractors obtain a Special Fuel User Permit is also rescinded. All other requirements of that Subsection still apply. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 15 of 18 SP-33 MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS The following Standard Specifications taken from the Montana Public Works Standard Specifications, Sixth Edition, April 2010, are hereby incorporated into the Specifications by reference. This list is not intended to be all inclusive and where necessary, the Contractor shall utilize the MPWSS for construction purposes for items not otherwise covered or identified in the Contract Documents. Section 02221 Trench Excavation and Backfill Section 02230 Street Excavation, Backfill and Compaction Section 02234 Subbase Course Section 02235 Crushed Base Course Section 02510 Asphalt Concrete Pavement Section 02528 Concrete Curb and Gutter Section 02529 Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters and Miscellaneous New Concrete Construction Section 02660 Water Distribution Systems Section 02720 Storm Drain Systems Section 02725 Drainage Culverts Section 02730 Sanitary Sewer Collection System Section 02910 Seeding SP-34 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. SP-35 ABANDONING EXISTING PIPE AND APPERTENANCES 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. SP-36 EXPLANATION OF BID ITEMS The following paragraphs are intended to clarify the scope of the following Bid Items, but are to be considered supplemental to the rest of the Contract Documents and not necessarily all inclusive of items, which must be completed for payment of each Bid Item. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 16 of 18 Bid Item No. 101 and 201 – Mobilization and Insurance. This bid item shall include the costs associated with mobilizing equipment to the project site, insurance, bond costs, permitting, submittals, and demobilization. Measurement and payment will be by lump sum (LS). Sixty (60) percent of the total item shall be paid with the first application for payment. The remaining forty (40) percent of the total shall be paid with the first application for payment submitted after the Certificate of Substantial Completion has been signed by the Owner. Bid Item No. 102 and 202 – Traffic Control During Construction. This bid item shall include all traffic control and signage required during the course of construction including preparation of a traffic control plan, installation of required signs, markers, flags or other measures, maintenance of traffic controls and removal following construction work. Payment for this item will be made by Lump Sum (LS). Bid Item No. 103 and 203 – Stormwater Management and Erosion Control. The Contractor shall make note that this project may be subject to Montana Department of Environmental Quality Storm Water General Discharge Permit authorization. If required, the Contractor shall pay the application fee, the first annual fee and additional annual fees necessary until the termination of the permit has been granted by the Montana Department of Environmental Quality (MDEQ). The Contractor is responsible for securing and administering the permit and installation and maintenance of the erosion control structures, which will be paid under the Storm Water Management and Erosion Control Bid Item. All Storm Water Management and Erosion Control, and BMPs for this project shall comply with the requirements set forth by City of Bozeman Design Standards and Specifications Policy and in the general permit for Storm Water Discharges Associated with Construction Activity which can be obtained from MDEQ at: http://deq.mt.gov/Water/WPB/mpdes/stormwaterconstruction The Contractor is required to complete and submit a Notice of Intent (NOI) and a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the requirements stated in the General Permit. The NOI shall be completed with the Contractor as Operator #1 and the Owners, as identified in the Contract Documents, as Operator #2. Operator #1 is responsible for achieving final stabilization and submitting the Notice of Termination (NOT). Once the NOI and SWPPP have been completed, the Contractor shall submit the entire submittal package to the Engineer for review and signature by the Owner. The Engineer shall return the signed package to the Contractor within 5 working days following receipt of the submittal. The Contractor shall comply with all requirements and conditions of the General Permit and the Storm Water Pollution Prevention Plan (SWPPP). Failure to do so will result in the issuing of an order to suspend work in addition to the potential fines that may be assessed by the Montana Department of Environmental Quality. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 17 of 18 The Contractor’s responsibilities regarding maintenance of erosion control structures, after final project acceptance, will be limited to the areas disturbed by the street and utility construction for this project only. The Contractor will not be responsible for erosion control beyond the disturbed areas of this project due to adjacent construction or any other construction activities not associated with this project. It is the Contractor’s responsibility to document the extent of disruption due to construction activities directly related to this project. The documentation should include pictures with a date stamp that is concurrent with the date of final project acceptance. If a general discharge permit is not required, the Contractor shall provide the typical erosion control measures, BMP’s and monitoring that would be required in the permit. Bid Item No. 105 and 206 – Asphalt Restoration. Asphalt restoration bid items have been included for areas of the project where removal and replacement of the existing asphalt paving will be required. To incentivize the Contractor to limit the removal and replacement of asphalt paving to the minimum amount, measurement and payment will be made on a lump sum basis and shall include the asphalt, base gravel, geotextile fabric (if required), labor, equipment and materials necessary to complete this bid item. The Contractor shall evaluate the anticipated quantity of asphalt removal and replacement with regards to the sanitary sewer depth, soil and ground conditions given the main depths, and all other associated factors and include all costs in this lump sum bid item. Bid Item No. 204 – Clear and Grub. Clearing and grubbing shall be done in accordance with MPWSS, Sixth Edition, Section 02230. Payment for this item will be made at the lump sum contract unit price for which work shall include removal and disposal of all above grade or below grade structures; existing culverts; stumps; vegetation; fencing; and existing surface improvements not covered by other bid items within the grading limits of the project. This work does not include removal of existing asphalt which will be paid under a separate bid item. This work does include removal and disposal of trees and brush within the grading limits whether or not they are specifically noted on the plans. This item shall also include stripping and stockpiling the existing topsoil estimated at a depth of 6 inches throughout the project limits. A portion of this material will need to be windrowed to the side or stockpiled for future re-spreading on the seeded areas, which will be completed under the Restore and Reseed Disturbed Areas bid item. Any excess topsoil material shall be removed from the site under this bid item. Bid Item No. 217 – Restore and Reseed Disturbed Areas. This item shall include replacement of topsoil and seed bed preparation and seeding complete in place in accordance with Section 02920 Seeding of the Montana Public Works Standard Specifications (MPWSS), Sixth Edition. Seeding shall cover the entire disturbed area to the edge of existing landscaping, existing roadway, or existing gravel areas. Payment for this item is by lump sum (LS). DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA P:18098.10_14_5th_Sewer_SP.docx SPECIAL PROVISIONS (7/1/20) trp Page 18 of 18 Seed mix. Drill Rate – Double if Broadcast Seeding. Drill two directions using a grass seed (cultipacker) type drill. 25 lbs/ac Annual Rye Grass 12 lbs/ac Sheep Fescue, Covar 12 lbs/ac Canada Blue Grass, Reubens 6 lbs/ac Sandberg Blue Grass 6 lbs/ac Hard Fescue 2 lbs/ac White Dutch Clover Hydromulch all seeded areas with Tensar Hydramax Hydra GT at the rate of 1,700 lbs per acre. Bid Item No. 214 – Access Road Unclassified Excavation and Grading. All excavation shall be considered Unclassified Excavation regardless of the material encountered. Unclassified Excavation volume included in the plans are based on the project cross section volume tables which reflect the difference between the finish sub-grade elevation below the topsoil or gravel surface and existing grade elevation. These numbers are for reference only and should be confirmed and adjusted accordingly by the Contractor to determine the actual excavated material volumes. Payment for this item will be made at the lump sum contract unit price for which work shall include excavating the material, hauling the material to the embankment location, preparation and scarifying the area to receive the fill or embankment, moisture conditioning the fill, placing and compacting the fill and any other incidental work required to complete this item. This item shall also include removal of any excess material from the site, if required. Bid Item No. 110 and 219 – Miscellaneous Work. This item has been provided for any miscellaneous work and/or materials which may be encountered during construction, but which have not been addressed elsewhere in this 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 Owner in accordance with the needs of the project. END OF SECTION DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA CITY OF BOZEMAN STANDARD MODIFICATIONS TO MPWSS CITY OF BOZEMAN STANDARD MODIFICATIONS TO MPWSS CITY OF BOZEMAN STANDARD MODIFICATIONS TO MPWSS CITY OF BOZEMAN STANDARD MODIFICATIONS TO MPWSS SIXTH EDITION, MARCH 31, 2011SIXTH EDITION, MARCH 31, 2011SIXTH EDITION, MARCH 31, 2011SIXTH EDITION, MARCH 31, 2011 (Refer to City of Bozeman Website)(Refer to City of Bozeman Website)(Refer to City of Bozeman Website)(Refer to City of Bozeman Website) www.bozeman.netwww.bozeman.netwww.bozeman.netwww.bozeman.net DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Notice of Award Date: _October 7, 2020__ Project: 5th Avenue Sanitary Sewer Owner: City of Bozeman Owner's Contract No.: Contract: To install 2000 LF of 8-inch sanitary sewer in 5th Avenue from Tamarack Street to Oak Street in Bozeman, MT. Engineer's Project No.: 18098.10 Bidder: H&H Earthworks, Inc. Bidder's Address: 350 Pollywog Lane; Belgrade, MT 59714 You are notified that your Bid dated September 10, 2020 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Schedule II – 5th Avenue Sanitary Sewer (Tamarack St to Oak St). The Contract Price of your Contract is Three Hundred Sixty-Five Thousand, Seven Hundred and Sixty- Six and 00/100 Dollars ($365,766.00). Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Two (2) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1.Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents. 2.Deliver with the executed Contract Documents the Contract security [Bonds] as specified in theInstructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and SupplementaryConditions (Paragraph SC-5.01). 3. Other conditions precedent:Deliver with the executed Contract Documents the required insurance certificates. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Bozeman Owner By: Authorized Signature Title Attest-City Clerk Copy to Engineer DocuSign Envelope ID: 0B860D32-6031-4AD8-B6EE-E1E532FF1E31 City Manager DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Co n t r a c t o r ' s A p p l i c a t i o n f o r P a y m e n t N o . Ap p l i c a t i o n P e r i o d : Ap p l i c a t i o n D a t e : To ( O w n e r ) : Fr o m ( C o n t r a c t o r ) : Vi a ( E n g i n e e r ) : Pr o j e c t : Co n t r a c t : Ow n e r ' s C o n t r a c t N o . : Co n t r a c t o r ' s P r o j e c t N o . : E n g i n e e r ' s P r o j e c t N o . : 1. O R I G I N A L C O N T R A C T P R I C E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2. N e t c h a n g e b y C h a n g e O r d e r s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3. C u r r e n t C o n t r a c t P r i c e ( L i n e 1 ± 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4. T O T A L C O M P L E T E D A N D S T O R E D T O D A T E ( C o l u m n F o n P r o g r e s s E s t i m a t e ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5. R E T A I N A G E : a. X Wo r k C o m p l e t e d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ b. X St o r e d M a t e r i a l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ c. To t a l R e t a i n a g e ( L i n e 5 a + L i n e 5 b ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6. A M O U N T E L I G I B L E T O D A T E ( L i n e 4 - L i n e 5 c ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7. L E S S P R E V I O U S P A Y M E N T S ( L i n e 6 f r o m p r i o r A p p l i c a t i o n ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8. A M O U N T D U E T H I S A P P L I C A T I O N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9. B A L A N C E T O F I N I S H , P L U S R E T A I N A G E ( C o l u m n G o n P r o g r e s s E s t i m a t e + L i n e 5 a b o v e ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Co n t r a c t o r ' s C e r t i f i c a t i o n P a y m e n t o f : $ i s r e c o m m e n d e d b y : P a y m e n t o f : $ i s a p p r o v e d b y : By : Da t e : A p p r o v e d b y : (Date) (L i n e 8 o r o t h e r - a t t a c h e x p l a n a t i o n o f t h e o t h e r a m o u n t ) (E n g i n e e r ) (O w n e r ) En d o r s e d b y t h e C o n s t r u c t i o n S p e c i f i c a t i o n s I n s t i t u t e . (L i n e 8 o r o t h e r - a t t a c h e x p l a n a t i o n o f t h e o t h e r a m o u n t ) (Date) Fu n d i n g A g e n c y ( i f a p p l i c a b l e ) ( D a t e ) Nu m b e r De d u c t i o n s Ap p l i c a t i o n F o r P a y m e n t Ch a n g e O r d e r S u m m a r y Ad d i t i o n s NE T C H A N G E B Y Ap p r o v e d C h a n g e O r d e r s TO T A L S CH A N G E O R D E R S Th e u n d e r s i g n e d C o n t r a c t o r c e r t i f i e s t h a t t o t h e b e s t o f i ts k n o w l e d g e : ( 1 ) a l l p r e v i o u s p r o g r e s s pa y m e n t s r e c e i v e d f r o m O w n e r o n a c c o u n t o f W o r k d o n e u n d e r t h e C o n t r a c t h a v e b e e n a p p l i e d o n ac c o u n t t o d i s c h a r g e C o n t r a c t o r ' s l e g i t i m a t e o b l i g a t i o n s i n c u r r e d i n c o n n e c t i o n w i t h W o r k c o v e r e d b y pr i o r A p p l i c a t i o n s f o r P a y m e n t ; ( 2 ) t i t l e o f a l l W o r k , m a te r i a l s a n d e q u i p m e n t i n c o r p o r a t e d i n s a i d Wo r k o r o t h e r w i s e l i s t e d i n o r c o v e r e d b y t h i s A p p l i c a t i o n f or P a y m e n t w i l l p a s s t o O w n e r a t t i m e o f pa y m e n t f r e e a n d c l e a r o f a l l L i e n s , s e c u r i t y i n t e r e s ts a n d e n c u m b r a n c e s ( e x c e p t s u c h a s a r e c o v e r e d b y a B o n d a c c e p t a b l e t o O w n e r i n d e m n i f y i n g O w n e r a g a i n s t a n y su c h L i e n s , s e c u r i t y i n t e r e s t o r en c u m b r a n c e s ) ; a n d ( 3 ) a l l W o r k c o v e r e d b y t h i s A p p l i c a t i on f o r P a y m e n t i s i n a c c o r d a n c e w i t h t h e Co n t r a c t D o c u m e n t s a n d i s n o t d e f e c t i v e . EJ C D C C - 6 2 0 C o n t r a c t o r ' s A p p l i c a t i o n f o r P a y m e n t © 2 0 0 7 N a t i o n a l S o c i e t y o f P r o f e s s i o n a l E n g i n e e r s f o r E J C D C . A l l r i g h t s r e s e r v e d . Pa g e 1 o f 4 Do c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A Pr o g r e s s E s t i m a t e Fo r ( c o n t r a c t ) : Ap p l i c a t i o n N u m b e r : Ap p l i c a t i o n P e r i o d : Ap p l i c a t i o n D a t e : It e m C D M a t e r i a l s P r e s e n t l y T o t a l C o m p l e t e d B a l a n c e t o F i n i s h Th i s P e r i o d S t o r e d ( n o t i n C o r D ) a n d S t o r e d t o D a t e (B - F) (C + D + E ) Co n t r a c t o r ' s A p p l i c a t i o n To t a l s % (F ) B A G E Sp e c i f i c a t i o n S e c t i o n No . De s c r i p t i o n Sc h e d u l e d V a l u e Fr o m P r e v i o u s A p p l i c a t i o n (C + D ) Wo r k C o m p l e t e d B F EJ C D C C - 6 2 0 C o n t r a c t o r ' s A p p l i c a t i o n f o r P a y m e n t © 2 0 0 7 N a t i o n a l S o c i e t y o f P r o f e s s i o n a l E n g i n e e r s f o r E J C D C . A l l r i g h t s r e s e r v e d . Pa g e 2 o f 4 Do c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A Pr o g r e s s E s t i m a t e C o n t r a c t o r ' s A p p l i c a t i o n Fo r ( c o n t r a c t ) : Ap p l i c a t i o n N u m b e r : Ap p l i c a t i o n P e r i o d : Ap p l i c a t i o n D a t e : Balance to Finish (B - F) To t a l s To t a l C o m p l e t e d an d S t o r e d t o D a t e (D + E ) % (F) B Va l u e Ma t e r i a l s P r e s e n t l y St o r e d ( n o t i n C ) Bid I t e m N o . D e s c r i p t i o n E F It e m Bi d Q u a n t i t y U n i t P r i c e B i d V a l u e Es t i m a t e d Qu a n t i t y In s t a l l e d A B C D EJ C D C C - 6 2 0 C o n t r a c t o r ' s A p p l i c a t i o n f o r P a y m e n t © 2 0 0 7 N a t i o n a l S o c i e t y o f P r o f e s s i o n a l E n g i n e e r s f o r E J C D C . A l l r i g h t s r e s e r v e d . Pa g e 3 o f 4 Do c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A St o r e d M a t e r i a l S u m m a r y C o n t r a c t o r ' s A p p l i c a t i o n Fo r ( c o n t r a c t ) : Ap p l i c a t i o n N u m b e r : Ap p l i c a t i o n P e r i o d : Ap p l i c a t i o n D a t e : A B G Materials Remaining in Storage ($)(D + E - F) To t a l s St o r e d t h i s M o n t h I n c o r p o r a t e d i n W o r k Da t e (M o n t h / Y e a r ) Am o u n t ($ ) Am o u n t ($ ) Su b t o t a l Da t e (M o n t h / Y e a r ) Amount ($) In v o i c e N o . Sh o p D r a w i n g Tr a n s m i t t a l N o . Ma t e r i a l s D e s c r i p t i o n St o r e d P r e v i o u s l y C D E F EJ C D C C - 6 2 0 C o n t r a c t o r ' s A p p l i c a t i o n f o r P a y m e n t © 2 0 0 7 N a t i o n a l S o c i e t y o f P r o f e s s i o n a l E n g i n e e r s f o r E J C D C . A l l r i g h t s r e s e r v e d . Pa g e 4 o f 4 Do c u S i g n E n v e l o p e I D : 2 2 4 0 0 6 C 1 - 4 1 A 0 - 4 6 0 2 - B 2 4 C - B 7 E 7 A 7 0 7 7 F F A CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 1230  Bozeman, MT 59771-1230 (406) 582-2334 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA EJCDC C-940 Work Change Directive 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: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Contractor is 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. Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) days Recommended for Approval by Engineer: Date Authorized for Owner by: Date Received for Contractor by: Date Received by Funding Agency (if applicable): Date: DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Page 1 of 2 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 Orders No. to : $ Net change from previous Change Orders No. to No. : Substantial Completion: Ready for final payment: (days) Contract Price prior to this Change Order: $ Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) of this Change Order: $ Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Price with all approved Change Orders: $ Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER - Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Page 2 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. DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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: DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA 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 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 DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(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 and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter DocuSign Envelope ID: 224006C1-41A0-4602-B24C-B7E7A7077FFA H & H Earthworks H & H Earthworks