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Home My WebLink About26 - Notice of Awards - 2026 STREET IMPROVEMENTS PROJECT CITY OF BOZEMAN 2026 STREET IMPROVEMENTS CONTRACT DOCUMENTS PREPARED BY CITY OF BOZEMAN ENGINEERRING DEPARTMENT FEBRUARY 2026 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 CITY OF BOZEMAN, MONTANA 2026 STREET IMPROVEMENTS PROJECT February 2026 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Bid Form Bid Bond Non-Discrimination Affirmation Form Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contact Supplementary Conditions Montana Prevailing Wage Rates Standard Forms CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment APPENDICES A – Estimated Quantities B – Standard Drawings C – Construction Drawings Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 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: 2026 Street Improvements Project The City of Bozeman will receive online electronic sealed Bids for Construction of the 2026 Street Improvements Project until 2:00 p.m. (local time) on March 18th, 2026 and then publicly opened and read aloud. Project Description: Cold milling, hot mix asphalt overlay, asphalt friction seal, asphalt chip seal, pavement markings, pedestrian ramp replacement and sidewalk improvements on various streets within the City of Bozeman. For this project, bids will only be received and accepted via the online electronic bid service through QuestCDN. A contractor may view the contract documents at no cost prior to becoming a Planholder. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. QuestCDN may be located using the link in the left-hand navigation menu on the City of Bozeman’s Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The specific project can be found by referencing the eBidDoc number (eBidDoc #10033849). Complete digital project bidding documents are available to download at www.questcdn.com, for a non-refundable charge of $22.00. Bidders will be charged an additional fee of $42.00 to submit a bid electronically. Contact QuestCDN Customer Support at 952-233-1632 or info@questcdn.com for assistance in membership registration, downloading digital project information and vBid online bid submittal. CONTRACTOR and any of the CONTRACTOR’S subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this project 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. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing 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 which also recognizes the eventual contract will contain a Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INVITATION TO BID Page 2 of 3 provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. 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. To request an invitation to join the bid opening, please email the project manager, Kellen Gamradt at: kgamradt@bozeman.net The City of Bozeman reserves the right to reject any or all proposals received, to waive informalities to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City of Bozeman. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 20th day of February, 2026. Mike Maas, Bozeman City Clerk Published Legal Ad, Bozeman, Montana Saturday, February 21, 2026 Saturday, March 14, 2026 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 1 INSTRUCTIONS TO BIDDERS 1. BIDS a. The Bid Form included within the Bidding Documents is for reference only. The City of Bozeman will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. QuestCDN may be located using the link in the left-hand navigation menu on the City of Bozeman’s Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The specific project can be found by referencing the eBidDoc number (eBidDoc #10033849). Complete digital project bidding documents are available to download for a non-refundable charge of ($22). Bidders will be charged an additional fee of ($42) to submit a bid electronically. For electronic bids, scans of required electronic bid documents will be accepted. 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. b. A bid shall be submitted no later than the date and time prescribed and as indicated in the Invitation to Bid and shall be submitted online through QuestCDN. The bid shall include the name and address of the Bidder and shall be accompanied by the Bid Security, Nondiscrimination Affirmation Form, and other required documents. c. Contract Documents may be viewed at the following locations: City of Bozeman 20 East Olive Bozeman, MT 59771 Phone: (406) 582-2280 2. BID SECURITY The Bid must be accompanied by a Bid Security which shall not be less than 10 percent of the amount of the bid. At the option of the Bidder, the security may be in the form of a cashier's check, certified check, bank money order, or bank draft drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana or Bid Bond (EJCDC C-430) executed by a surety corporation authorized to do business in the State of Montana. No bid will be considered unless it is accom- panied by the required guaranty. Cashier's checks, certified checks, bank money orders, or bank drafts must be made payable to the City of Bozeman. The Bid Security shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 2 Should the Bidder fail to furnish the properly executed Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and signed Agreement within the time specified, he/she shall forfeit this Bid Security to the Owner. The Bid Security (negotiable instruments other than bonds) will be returned to unsuccessful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory Performance and Labor and Material Payment Bonds. At the option of the Owner, bid security with bids that are not competitive may be returned prior to signature of the Agreement. Revised Bids submitted before the opening of bids, if representing an increase in the original bid, must have the Bid Security adjusted accordingly; otherwise, the bid will not be accepted. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form (EJCDC C-430) bound herewith. 3. SUBSTITUTE AND “OR-EQUAL” ITEMS The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 4. INTERPRETATIONS AND/OR ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda emailed to all parties recorded by QuestCDN as having downloaded the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It shall be the responsibility of the Bidder to download such Addenda prior to submitting his online bid. 5. EXAMINATION OF CONTRACT DOCUMENTS AND CONDITIONS OF WORK SITE a. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 1. Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and should fully inform himself as to the facilities involved, and the Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 3 difficulties and restrictions attending the performance of the Contract. In submitting a bid for this project, the Bidder is thereby acknowledging that he is capable of performing the specified work on the site. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents, and shall verify the accuracy of the estimated quantities in the Bid Proposal. Failure to do so will not relieve the successful Bidder of his obligations to carry out the provisions of this Contract. 2. The submission of a Bid will constitute a representation of familiarization by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. b. The Contractor may refer to the following for information regarding site conditions: 1. Those reports, if any, of explorations and tests of subsurface conditions at the site which have been prepared by the Owner and are included as part of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon the completeness thereof for the purposes of bidding or construction. 2. Those drawings of physical conditions in or relating to the existing surface and subsurface conditions which are at or contiguous to the site (except Underground Facilities) which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. c. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. d. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 5.03 and 5.04 of the General Conditions. e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 4 f. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. g. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto are designated for use by Contractor in performing the Work. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. h. The submission of a Bid will constitute representation by Bidder that Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. 7. TIME FOR RECEIVING BIDS Bids received prior to the advertised time of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 8. OPENING OF BIDS At the time for the opening of bids, the Owner will cause to be opened and publicly read aloud every bid received within the time set for receiving Bids, irrespective of any irregularities therein, except bids that do not contain either the bid bond or non-discrimination affirmation, Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 5 which will not be read. Bidders and other persons properly interested may be present, in person or by representative. To request an invitation to join the bid opening, please email the project manager: Kellen Gamradt at kgamradt@bozeman.net 9. MODIFICATIONS AND WITHDRAWAL OF BID A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. 10. METHOD OF AWARD OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it 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, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 6 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. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If, at any time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner’s interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. 11. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, 7th Edition (MPWSS), shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 7th Edition (COB MODS), dated October, 2024, including all addenda which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form...................................... Bound Herein Bid Bond...................................... Bound Herein Agreement Form...........................Bound Herein Payment Bond..............................MPWSS/Bound Herein Performance Bond........................MPWSS/Bound Herein Standard General Conditions........MPWSS/Bound Herein Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed............. MPWSS/Bound Herein Field Order……………….MPWSS/Bound Herein Change Order.....................MPWSS/Bound Herein Work Directive Change.......MPWSS/Bound Herein Certificate of Substantial Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 7 Completion........................MPWSS Order to Contractor to Suspend Work…………...Bound Herein Order to Contractor to Resume Work……………Bound Herein Contractors Certificate And Release…………...Bound Herein Wage Rates...................................Bound Herein Special Provisions..........................Bound Herein Technical Specification...................MPWSS, COB MODS Appendix A—Estimated Quantities………..Bound Herein Appendix B—COB Standard Drawings………..Bound Herein Plan Set 12. EXECUTION OF AGREEMENT a. Subsequent to the award and within 15 days after the date of the Notice of Award, the successful Bidder shall execute and deliver to the Owner an Agreement, the Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and an Approval of Subcontractors form in such number of copies as the Owner may require. The standard Agreement form as issued by the Owner shall be used as the contracting instrument. b. The Agreement form shall be signed in longhand by the proper representatives of the contracting firm as follows: 1. The principal of the single-owner firm. 2. A principal of the partnership firm. 3. An officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing the agent to sign. 4. Other persons signing for a single-owner firm, or a partnership shall attach a Power of Attorney evidencing his authority to sign for that firm. c. The Owner within 30 days of receipt of acceptable Performance Bond, Labor and Material Payment Bond, required Insurance Certificates, and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. 13. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 8 a. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC C-610) in the amount of 100 percent of the contract price as security for the faithful performance of his Contract. b. The Owner will require the successful Contractor to furnish a Labor and Material Payment Bond (EJCDC C-615) in the amount of 100 percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith. c. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident Agent. d. Prior to beginning work, Insurance Certificates as proof of insurance coverage shall be filed with the Owner. The specifications for the Workers' Compensation, Commercial General Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance are listed in these Contract Documents. 14. POWER OF ATTORNEY a. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. b. One original shall be furnished with each set of bonds. c. Additional copies furnished with a set of bonds may be copies of that original. 15. LABOR AND WAGES a. For projects in excess of $25,000 let, the Contractor(s) shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable in the county or locality in which the work is being performed (18-2-401 and 18-2-403, Montana Code Annotated). b. On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States Department of Transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each Contractor shall ensure that at least 50 percent of the Contractor’s workers performing labor on the project are bona fide Montana residents, as defined in 18-2- 401, (18-2-409, MCA). c. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with 18- 2-401, 18-402, and 18-2-403, Montana Code Annotated. A copy of the wage rates are bound herein. It is the Contractor’s responsibility to classify their workers in Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 9 accordance with the craft of trade to be performed and pay the appropriate established prevailing wage rate. d. The Contractor shall classify all workers on the project in accordance with the Department of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a worker in accordance with these rates, the Contractor shall contact the Department of Labor and Industry, Labor Standards Bureau, Wage and Hour Unit, Helena, Montana 59604, for a determination of the prevailing wage rate to be paid that particular worker. e. Should the prevailing rate of wages change during the life of the contract, the wage rates included in the Contract Documents at the time of the bid opening shall be the prevailing wage rate for the life of the contract. f. Section 18-2-406, Montana Code Annotated, provides that Contractors, subcontractors, and employers who are performing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages and fringe benefits to be paid to employees on such site or work area. g. Travel allowance, if applicable, may or may not be all-inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. h. Any notice of infraction of the labor laws of the State of Montana received by the Owner or Engineer will be forwarded to the State of Montana, Department of Labor and Industry, Wage and Hour Unit, Helena, Montana. i. Safety Training. Contractor shall comply with the Occupational Safety and Health Act (OSHA). 16. EQUAL EMPLOYMENT OPPORTUNITY By submitting a bid, Contractor 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, Contractor 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. 17. MONTANA CONTRACTOR'S TAX (GROSS RECEIPTS TAX) Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 10 All Bidders are reminded that a Gross Receipts Tax in the amount of 1 percent of the total bid will be withheld from all payments, for projects over $80,000.00, due to Contractor pursuant to Section 15-50-205, MCA. 18. PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or in the development of the project. Such records will contain the name and address of each employee, his correct classification, rates of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, the Contractor will submit weekly a copy of all payrolls to the Owner and Engineer. The copy shall be accompanied by a certification signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Montana Department of Labor and Industry, and that the classifications set forth for each laborer or mechanic conform with the work he performed. The prime Contractor will make the record required under the labor standards clause of the Contract available for inspection by authorized representatives of the Owner and the Montana Department of Labor and Industry and will permit such representatives to interview employees during working hours on the job. Payroll reports and certificates of compliance shall be submitted to the Owner and Engineer prior to or with each Payment Request. The copies sent to the Owner and Engineer are for archive purposes only, because neither the Owner or Engineer are trained in the interpretation of payroll reports, and thus will rely on the Contractor’s certification that all employees are being classified and paid appropriately. 19. MAINTENANCE OF RECORDS Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. 20. NOTICE TO PROCEED The Notice to Proceed will normally be issued within 30 days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual written agreement between the Owner and Contractor. 21. CONTRACT TIME The Contract Time will be as set forth in the Agreement Form. 22. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Agreement Form. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 INSTRUCTIONS TO BIDDERS Page 11 23. MONTANA CONTRACTOR’S REGISTRATION Contractor and any of the contractor’s subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694). 24. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 BID FORM 1 The City of Bozeman will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. Refer to the instructions to bidders for additional information. BID FORM 2026 STREET IMRPROVEMENTS PROJECT CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of 2026 STREET IMPROVEMENTS PROJECT, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 70 calendar days. Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 BID FORM 2 The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 18-2-401, MCA, as amended. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: NOTE: Contractor shall fill out all Bid Schedule prices on the Quest CDN Platform. 2026 Street Improvements Project Schedule 1 - Cold Milling & Hot Mix Overlay Engineer's Estimate Item Description Unit Est. Quantity Unit Price Total Price 101 Cold Milling of Existing Pavement (2" nominal depth) S.Y. 29,081 $ - 102 Hot Mix Asphalt Surface Course, Type B Plant Mix, in place Ton 3,320 $ - 103 Asphalt approach Transition Work LF 10 $ - 104 Adjust valve box EA 10 $ - 105 Adjust manhole ring and cover EA 10 $ - 106 Traffic control LS 1 $ - Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 BID FORM 3 107 Misc. Work EA 10000 $ 1.00 $ 10,000.00 TOTAL SCHEDULE 1 BID $ Schedule 2 - Asphalt Friction Seal Engineer's Estimate Item Description Unit Est. Quantity Unit Price Total Price 201 GSB Friction Seal SY 126,992 $ - 202 Traffic Control LS 1 $ - 203 Misc. work EA 10000 $ 1.00 $ 10,000.00 TOTAL SCHEDULE 2 $ Schedule 3 - Asphalt Chip Seal Engineer's Estimate Item Description Unit Est. Quantity Unit Price Total Price 301 Cationic Emulsified Asphalt In place (CRS-2P) Gal 14,751 $ - 302 Seal Coat Aggregate 3/8" Gradation, In Place SY 36,880 $ - 303 Traffic Control LS 1 $ - 304 Misc. work EA 10000 $ 1.00 $ 10,000.00 TOTAL SCHEDULE 3 $ Schedule 4 - Sidewalk & Pedestrian ramp Improvements Engineer's Estimate Item Description Unit Est. Quantity Unit Price Total Price 401 Concrete removal & Disposal SF 3,706 $ - 402 Asphalt Removal & Disposal SF 750 $ - 403 Combined Concrete Curb & Gutter LF 260 $ - 404 6" Concrete Sidewalk In place SF 2,916 $ - 405 4" Concrete Sidewalk in place SF 250 $ - 406 Asphalt Patching SF 720 $ - 407 Detectable warning Plates SF 358 $ - Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 BID FORM 4 408 Traffic Control LS 1 $ - 409 Misc. Work EA 5,000 $ 1.00 $ 5,000.00 TOTAL SCHEDULE 4 $ Schedule 5 - East Babcock Curb Extensions Engineer's Estimate Item Description Unit Est. Quantity Unit Price Total Price 501 Demo Concrete S.F. 785.0 $ - 502 Demo Curb L.F. 161.8 $ - 503 Abandon Existing Storm Drain Inlet and Pipe L.S. 1 $ - 504 12" Storm Catch Basin Lead L.F. 95 $ - 505 Storm Drain Inlet EA. 2 $ - 506 4" Thick Concrete Sidewalk and ADA Ramps S.F. 1143.1 $ - 507 Sidewalk - Concrete 4" Colored S.F. 292.6 $ - 508 Detectable Warning Surface S.F. 60 $ - 509 New Sign Post EA. 8 $ - 510 New Signage S.F. 116.75 $ - 511 Integrated Concrete Curb and Gutter L.F. 183.4 $ - 512 Flowable Backfill (Storm Drain Trench C.Y. 60 $ 513 Contractor Layout L.S. 1 $ - 514 Traffic control L.S. 1 $ - 515 Misc. Work EA. 9500 $ 1.00 $ 9,500.00 TOTAL SCHEDULE 5 $ Schedule 6 - Striping Improvements Engineer's Estimate Item Description Unit Est. Quantity Unit Price Total Price 601 Mobilization LS 1 $ - 602 Striping - 4" white epoxy line Gal 115.5 $ - 603 Striping - 4" white epoxy dashed line Gal 7 $ - Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 BID FORM 5 604 Striping - 4" yellow epoxy Gal 71 $ - 605 Striping - 8" white epoxy line Gal 41 $ - 606 Striping - 24" White Epoxy Gal 23.5 $ - 607 Striping - White Sharks Teeth epoxy EA 118 $ - 608 White Bike Lane Symbol & Arrow epoxy EA 66 $ - 609 White Turn Arrow Symbol - Epoxy EA 38 $ - 610 White Straight Arrow Symbol - Epoxy EA 4 $ - 611 White "only" marking - Epoxy EA 42 $ - 612 White Combination Arrow, Epoxy EA 16 $ - 613 Traffic Control LS 1 $ - 614 Misc. Work EA 15000 $ 1.00 $ 15,000.00 TOTAL SCHEDULE 6 $ Additive Alternate #1 - Traffic Calming Additions Engineer's Estimate Item Description Unit Est. Quantity Unit Price Total Price 701 Speed Table Installation EA 2 $ - 702 Traffic Circle Installation EA 2 $ - ____________________________________________________________________________________ (TOTAL COMBINED ALL SCHEDULES - WRITTEN WORDS) BASIS OF AWARD If the contract it awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all bid Schedules on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner’s sole and absolute judgment, will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined Schedule 1 thru 6 Bid. The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 BID FORM 6 No._____________________________ Dated____________________ No._____________________________ Dated____________________ No._____________________________ Dated____________________ No._____________________________ Dated___________________ Submitted this _____ day of _____________________, 2026. SIGNATURE OF BIDDER:__________________________________________ Montana Contractor Registration Number______________________________ If an individual:_____________________________________________ doing business as_____________________________________________ If a Partnership:___________________________________________by ________________________________________, partner _____________________________________________ If a Corporation:_____________________________________________ (a) ____________________________________________ by ____________________________________________ (Seal & Title___________________________________________ Attest) Business Address of Bidder: __________________________________ _______________________________________________ If Bidder is a joint venture, other party must sign below: Montana License Number and Class______________________________ If an Individual:_______________________________________ doing business as _________________________________________________. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 BID FORM 7 If a Partnership: __________________________________________ by ________________________________Partner __________________________________________ If a Corporation:____________________________________________ (a)______________________________Corporation by _________________________________________ (Seal & Title________________________________________ Attest) Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 NOTICE OF AWARD Dated: __________________________ TO: High Country Paving, Inc ADDRESS: 5200 Thorpe Road, Belgrade, MT 59714 PROJECT: City of Bozeman 2026 Street Improvements CONTRACT FOR: Schedules 1 thru 6, Additive Alternate 1 & Miscellaneous Work You are notified that your Bid dated March 18th, 2026, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for pavement cold milling, hot mix overlays, asphalt friction seal, asphalt seal coat, concrete improvements, and pavement markings. The Contract Price of your Contract is: one million six hundred ninety one thousand five hundred one and 10/100 Dollars ($1,691,501.10). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______ . 1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ Docusign Envelope ID: C61F92E5-C64A-48DA-BACE-4A15E5501A2C 5/4/2026 5/4/2026 May 19. 2026 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: High Country Paving 54165 x x $1,630,250.10 Knife River Belgrade 10089 x x $1,713,509.95 CK May Excavating 35949 x x $1,732,525.80 Treasure State Inc.157069 x x $1,757,134.69 Karl Johnson Jackson Sledge Engineer II Engineering Inspector Bid Check: Delivered to Finance: Accepted By: Date: Bid Tab - 2026 Street Improvements These bids were opened and read before the undersigned at 2:00 pm on Wednesday, March 18th, 2026 Docusign Envelope ID: C61F92E5-C64A-48DA-BACE-4A15E5501A2CDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 2026 Street Improvements (#10033849) Owner: Bozeman MT, City of Solicitor: Bozeman MT, City of 03/18/2026 02:00 PM MDT High Country Paving Section TitleLine Item Item Description UofM Quantity Unit Price Extension Extension Schedule 1 - Cold Milling & Hot Mix Overlay $493,798.45 $557,146.65 101 Cold Milling of Existing Asphalt Pavement (2" Thickness)Sq Yd 29081 $2.45 $71,248.45 $135,226.65 102 Hot Mix Asphalt Surface Course, Type B Plant Mix, In Place Ton 3320 $105.00 $348,600.00 $351,920.00 103 Asphalt Transition Work Ln Ft 10 $55.00 $550.00 $1,000.00 104 Adjust Valve Box per COB Dwg#02213-2 Ea 10 $525.00 $5,250.00 $3,500.00 105 Adjust Manhole ring and cover per COB Dwg#02213-1 Ea 10 $725.00 $7,250.00 $4,500.00 106 Traffic Control L.S.1 ########$60,900.00 $61,000.00 Schedule 2 - Asphalt Friction Seal $603,813.60 $634,121.76 201 GSB 88 Friction Seal SY 126992 $4.55 $577,813.60 $607,021.76 202 Traffic Control LS 50000 $0.52 $26,000.00 $27,100.00 Schedule 3 - Asphalt Seal Coat $149,632.90 $150,591.74 301 Cationic Emulsified Asphalt in Place (CRS-2P)Gal 14751 $3.90 $57,528.90 $58,118.94 302 Seal Coat Aggregate 3/8" Gradation, In Place Sq Yd 36880 $2.05 $75,604.00 $75,972.80 303 Traffic Control LS 1 ########$16,500.00 $16,500.00 schedule 4 - Sidewalk & Pedestrian Ramp Improvements $100,951.60 $126,014.50 401 Concrete Removal and Disposal Sq Ft 3706 $4.35 $16,121.10 $19,456.50 402 Asphalt Removal and Disposal Sq Ft 750 $2.25 $1,687.50 $2,062.50 403 Combined Concrete Curb and Gutter Ln Ft 260 $25.00 $6,500.00 $13,000.00 404 6" Concrete Sidewalk In Place Sq Ft 2916 $10.50 $30,618.00 $30,618.00 405 4" Concrete Sidewalk In Place Sq Ft 250 $8.50 $2,125.00 $2,187.50 406 Asphalt Patching Sq Ft 720 $4.75 $3,420.00 $18,000.00 407 Detectable Warning Panel Sq Ft 358 $60.00 $21,480.00 $19,690.00 408 Traffic Control LS 1 ########$19,000.00 $21,000.00 Schedule 5 - East Babcock Curb Extensions $99,189.35 $111,538.98 501 Demolish Concrete Sq Ft 785 $4.35 $3,414.75 $4,121.25 502 Demolish Curb and Gutter Ln Ft 161.8 $7.50 $1,213.50 $1,618.00 503 Abandon Existing Storm Drain Inlet and Pipe LS 1 ########$2,275.00 $2,665.00 504 12" Storm Catch Basin Lead Ln Ft 95 $89.50 $8,502.50 $10,450.00 505 Storm Drain Inlet Ea 2 ########$16,272.00 $13,800.00 506 4" Thick Concrete sidewalk & ADA Ramps Sq Ft 1143.1 $8.75 $10,002.13 $12,288.33 507 Sidewalk - Concrete 4" Thick, Colored Sq Ft 292.6 $14.95 $4,374.37 $4,827.90 508 Detectable Warning Plates Sq Ft 60 $60.00 $3,600.00 $3,300.00 509 New Sign Post Ea 8 $884.00 $7,072.00 $960.00 510 New Aluminum Signage Sq Ft 116.75 $57.20 $6,678.10 $7,238.50 511 Combined Concrete Curb and Gutter Ln Ft 183.4 $25.00 $4,585.00 $9,170.00 512 Flowable Backfill (Storm Drain Trench)Cu Yd 60 $155.00 $9,300.00 $14,100.00 513 Contractor Layout LS 1 ########$2,900.00 $6,000.00 514 Traffic Control LS 1 ########$19,000.00 $21,000.00 Schedule 6 - Striping Improvements $123,364.20 $118,221.06 601 Mobilization L.S.1 ########$10,500.00 $10,000.00 602 Striping - 4" White Epoxy Line Gal 115.5 $182.00 $21,021.00 $22,464.75 603 striping - 4" White Epoxy Dashed Line Gal 7 $182.00 $1,274.00 $1,361.50 604 Striping - 4" Yellow Epoxy Gal 71 $182.00 $12,922.00 $13,809.50 605 Striping - 8" White Epoxy Line Gal 41 $312.00 $12,792.00 $13,653.00 606 Striping - 24" White Epoxy Gal 23.5 $312.00 $7,332.00 $7,825.50 607 Striping - White Sharks Teeth Epoxy Ea 118 $31.20 $3,681.60 $3,953.00 608 White Bike Lane Symbol & Arrow epoxy Ea 66 $208.00 $13,728.00 $14,652.00 609 White Turn Arrow Symbol - Epoxy Ea 38 $156.00 $5,928.00 $6,327.00 610 White Straight Arrow Symbol - Epoxy Ea 4 $104.00 $416.00 $444.00 611 White "Only" Marking - Epoxy Ea 42 $228.80 $9,609.60 $10,290.00 612 White Combination Arrow Symbol, Epoxy Ea 16 $260.00 $4,160.00 $4,440.00 613 Traffic Control LS 1 ########$20,000.00 $9,000.81 Additive Alternate #1 - Traffic Calming $61,251.00 $76,000.00 701 Speed Table Installation Ea 2 ########$19,100.00 $37,000.00 702 Traffic Circle Installation Ea 2 ########$42,151.00 $39,000.00 Miscellaneous Work $59,500.00 $59,500.00 107 Miscellaneous Work - Schedule 1 Ea 10000 $1.00 $10,000.00 $10,000.00 203 Miscellaneous - Schedule 2 Ea 10000 $1.00 $10,000.00 $10,000.00 304 Miscellaneous - Schedule 3 Ea 10000 $1.00 $10,000.00 $10,000.00 409 Miscellaneous - Schedule 4 Ea 5000 $1.00 $5,000.00 $5,000.00 515 Miscellaneous - Schedule 5 Ea 9500 $1.00 $9,500.00 $9,500.00 614 Miscellaneous - Schedule 6 Ea 15000 $1.00 $15,000.00 $15,000.00 Base Bid Total:$1,630,250.10 $1,757,134.69 $1,691,501.10 $1,691,501.10 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Certificate Of Completion Envelope Id: C61F92E5-C64A-48DA-BACE-4A15E5501A2C Status: Sent Subject: Complete with Docusign: G.5 Notice_of_AWARD_-_2026_Street_Maintenance_Project.pdf Source Envelope: Document Pages: 2 Signatures: 0 Envelope Originator: Certificate Pages: 4 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) PO Box 1230 Bozeman, MT 59771 mike.maas@bozemanmt.gov IP Address: 155.190.9.7 Record Tracking Status: Original 4/7/2026 6:49:05 PM Holder: Mike Maas mike.maas@bozemanmt.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Jackson Sledge jackson.sledge@bozemanmt.gov Security Level: Email, Account Authentication (None) Sent: 4/7/2026 6:52:51 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Karl Johnson Karl.johnson@bozemanmt.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Chuck Winn chuck.winn@bozemanmt.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/7/2026 8:14:23 PM ID: d0941260-0ed9-40a3-9f53-04bc5e284ec8 Mike Maas mike.maas@bozemanmt.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Carbon Copy Events Status Timestamp Kellen Gamradt Kellen.gamradt@bozemanmt.gov Security Level: Email, Account Authentication (None) Sent: 4/7/2026 6:52:50 PM Viewed: 4/8/2026 8:07:20 AM Electronic Record and Signature Disclosure: Accepted: 3/30/2026 11:26:46 AM ID: 38741033-85f8-48d9-856e-904447811df7 Michelle Chapel michelle.chapel@bozemanmt.gov Records Coordinator City Bozeman Security Level: Email, Account Authentication (None) Sent: 4/7/2026 6:52:51 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/7/2026 6:52:50 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 AGREEMENT FORM THIS AGREEMENT is dated as of the day of ________ in the year 2026, by and between CITY OF BOZEMAN, hereinafter called OWNER, and __High Country Paving, 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 project work is generally described as follows: : Cold Milling and Hot Mix Asphalt Overlays, Friction Sealing, Seal Coating, Pavement Markings, sidewalk & pedestrian ramp improvements. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2026 Street Improvements Project, City of Bozeman. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 70 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete by the date 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 one Thousand dollars ($ 1,000.00) for each day that expires after the date specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of: __One Million Six Hundred Ninety One Thousand Five Hundred One & 10/100___ ($1,691,501.10). Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 5/14/2026 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement 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 Agreement 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). 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 this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Seventh Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, October 2024 with addenda (by reference). Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 7.12 Appendices 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. 7.23 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 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 _____________________________ (CITY MANAGER) (SEAL &) (ATTEST) _____________________________ APPROVED AS TO FORM: ________________________________ (CITY ATTORNEY) Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 President Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 5/14/2026 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 5/14/2026 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/20/2026 (406) 922-6030 (406) 587-9162 10677 High Country Paving, Inc. 5200 Thorpe Rd. Belgrade, MT 59714 A 1,000,000 X ENP 0597562 12/31/2025 12/31/2026 500,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A X EBA 0597562 12/31/2025 12/31/2026 6,000,000A X ENP 0597562 12/31/2025 12/31/2026 6,000,000 0 A Equipment Floater ENP 0597562 12/31/2025 Leased/Rented Equip.325,000 General Liability policy includes: MT Stop Gap Employers Liability Limits: $1,000,000 each accident/$1,000,000 disease policy limit/$1,000,000 disease each employee. Project: 2026 Street Improvements Certificate holder, Engineer and Engineer's Consultants are Additional Insured for General Liability provided requirement is part of a written agreement currently in effect per the conditions and limitations of policy form GA472 05-20 available upon request. 45 day notice of cancellation. SEE ATTACHED ACORD 101 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 HIGHCOU-03 MSTOPPEL First West, Inc. P.O. Box 1800 Bozeman, MT 59771 Marci Stoppel, CIC, CISR mstoppel@1stwestinsurance.com Cincinnati Insurance Company 12/31/2026 X X X X X X X Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. First West, Inc. HIGHCOU-03 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 High Country Paving, Inc. 5200 Thorpe Rd. Belgrade, MT 59714 GallatinSEE PAGE 1 MSTOPPEL 1 Description of Operations/Locations/Vehicles: Additional insured applies to the auto liability provided requirement is part of a written agreement currently in effect per the conditions and limitations of policy form AA288 06-20 available upon request. Additional insured applies to the excess liability applies provided requirement is part of a written agreement currently in effect per the conditions and limitations of following policy form US101 1204. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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 Endorsed By Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright© 2018 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 The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5 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 .................................................................................................................................. 6 Article 2—Preliminary Matters ..................................................................................................................... 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance......................................... 7 2.02 Copies of Documents .................................................................................................................... 7 2.03 Before Starting Construction ........................................................................................................ 7 2.04 Preconstruction Conference; Designation of Authorized Representatives .................................. 8 2.05 Acceptance of Schedules .............................................................................................................. 8 2.06 Electronic Transmittals ................................................................................................................. 8 Article 3—Contract Documents: Intent, Requirements, Reuse .................................................................... 9 3.01 Intent ............................................................................................................................................. 9 3.02 Reference Standards ..................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies ...................................................................................... 10 3.04 Requirements of the Contract Documents ................................................................................. 10 3.05 Reuse of Documents ................................................................................................................... 11 Article 4—Commencement and Progress of the Work .............................................................................. 11 4.01 Commencement of Contract Times; Notice to Proceed ............................................................. 11 4.02 Starting the Work ........................................................................................................................ 11 4.03 Reference Points ......................................................................................................................... 11 4.04 Progress Schedule ....................................................................................................................... 12 4.05 Delays in Contractor’s Progress .................................................................................................. 12 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................... 13 5.01 Availability of Lands .................................................................................................................... 13 5.02 Use of Site and Other Areas ........................................................................................................ 14 5.03 Subsurface and Physical Conditions ............................................................................................ 15 5.04 Differing Subsurface or Physical Conditions ............................................................................... 16 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 5 5.05 Underground Facilities ................................................................................................................ 17 5.06 Hazardous Environmental Conditions at Site ............................................................................. 19 Article 6—Bonds and Insurance .................................................................................................................. 21 6.01 Performance, Payment, and Other Bonds .................................................................................. 21 6.02 Insurance—General Provisions ................................................................................................... 22 6.03 Contractor’s Insurance ................................................................................................................ 24 6.04 Builder’s Risk and Other Property Insurance .............................................................................. 25 6.05 Property Losses; Subrogation ..................................................................................................... 25 6.06 Receipt and Application of Property Insurance Proceeds .......................................................... 27 Article 7—Contractor’s Responsibilities ..................................................................................................... 27 7.01 Contractor’s Means and Methods of Construction .................................................................... 27 7.02 Supervision and Superintendence .............................................................................................. 27 7.03 Labor; Working Hours ................................................................................................................. 27 7.04 Services, Materials, and Equipment ........................................................................................... 28 7.05 “Or Equals” .................................................................................................................................. 28 7.06 Substitutes .................................................................................................................................. 29 7.07 Concerning Subcontractors and Suppliers .................................................................................. 31 7.08 Patent Fees and Royalties ........................................................................................................... 32 7.09 Permits ........................................................................................................................................ 33 7.10 Taxes ........................................................................................................................................... 33 7.11 Laws and Regulations .................................................................................................................. 33 7.12 Record Documents ...................................................................................................................... 33 7.13 Safety and Protection ................................................................................................................. 34 7.14 Hazard Communication Programs .............................................................................................. 35 7.15 Emergencies ................................................................................................................................ 35 7.16 Submittals ................................................................................................................................... 35 7.17 Contractor’s General Warranty and Guarantee ......................................................................... 38 7.18 Indemnification ........................................................................................................................... 39 7.19 Delegation of Professional Design Services ................................................................................ 39 Article 8—Other Work at the Site ............................................................................................................... 40 8.01 Other Work ................................................................................................................................. 40 8.02 Coordination ............................................................................................................................... 41 8.03 Legal Relationships ...................................................................................................................... 41 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 3 of 5 Article 9—Owner’s Responsibilities ............................................................................................................ 42 9.01 Communications to Contractor .................................................................................................. 42 9.02 Replacement of Engineer ............................................................................................................ 42 9.03 Furnish Data ................................................................................................................................ 42 9.04 Pay When Due ............................................................................................................................. 42 9.05 Lands and Easements; Reports, Tests, and Drawings ................................................................. 43 9.06 Insurance ..................................................................................................................................... 43 9.07 Change Orders ............................................................................................................................ 43 9.08 Inspections, Tests, and Approvals ............................................................................................... 43 9.09 Limitations on Owner’s Responsibilities ..................................................................................... 43 9.10 Undisclosed Hazardous Environmental Condition ...................................................................... 43 9.11 Evidence of Financial Arrangements ........................................................................................... 43 9.12 Safety Programs .......................................................................................................................... 43 Article 10—Engineer’s Status During Construction .................................................................................... 44 10.01 Owner’s Representative .......................................................................................................... 44 10.02 Visits to Site ............................................................................................................................. 44 10.03 Resident Project Representative............................................................................................. 44 10.04 Engineer’s Authority ............................................................................................................... 44 10.05 Determinations for Unit Price Work ....................................................................................... 45 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 45 10.07 Limitations on Engineer’s Authority and Responsibilities ...................................................... 45 10.08 Compliance with Safety Program ............................................................................................ 45 Article 11—Changes to the Contract .......................................................................................................... 46 11.01 Amending and Supplementing the Contract .......................................................................... 46 11.02 Change Orders ........................................................................................................................ 46 11.03 Work Change Directives .......................................................................................................... 46 11.04 Field Orders ............................................................................................................................. 47 11.05 Owner-Authorized Changes in the Work ................................................................................ 47 11.06 Unauthorized Changes in the Work ........................................................................................ 47 11.07 Change of Contract Price ........................................................................................................ 47 11.08 Change of Contract Times ....................................................................................................... 49 11.09 Change Proposals .................................................................................................................... 49 11.10 Notification to Surety .............................................................................................................. 50 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 4 of 5 Article 12—Claims ....................................................................................................................................... 50 12.01 Claims ...................................................................................................................................... 50 Article 13—Cost of the Work; Allowances; Unit Price Work ...................................................................... 51 13.01 Cost of the Work ..................................................................................................................... 51 13.02 Allowances .............................................................................................................................. 55 13.03 Unit Price Work ....................................................................................................................... 55 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 56 14.01 Access to Work ........................................................................................................................ 56 14.02 Tests, Inspections, and Approvals ........................................................................................... 56 14.03 Defective Work ....................................................................................................................... 57 14.04 Acceptance of Defective Work................................................................................................ 58 14.05 Uncovering Work .................................................................................................................... 58 14.06 Owner May Stop the Work ..................................................................................................... 58 14.07 Owner May Correct Defective Work ....................................................................................... 59 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 59 15.01 Progress Payments .................................................................................................................. 59 15.02 Contractor’s Warranty of Title ................................................................................................ 62 15.03 Substantial Completion ........................................................................................................... 62 15.04 Partial Use or Occupancy ........................................................................................................ 63 15.05 Final Inspection ....................................................................................................................... 64 15.06 Final Payment .......................................................................................................................... 64 15.07 Waiver of Claims ..................................................................................................................... 65 15.08 Correction Period .................................................................................................................... 66 Article 16—Suspension of Work and Termination ..................................................................................... 67 16.01 Owner May Suspend Work ..................................................................................................... 67 16.02 Owner May Terminate for Cause ............................................................................................ 67 16.03 Owner May Terminate for Convenience................................................................................. 68 16.04 Contractor May Stop Work or Terminate ............................................................................... 68 Article 17—Final Resolution of Disputes .................................................................................................... 69 17.01 Methods and Procedures ........................................................................................................ 69 Article 18—Miscellaneous .......................................................................................................................... 69 18.01 Giving Notice ........................................................................................................................... 69 18.02 Computation of Times............................................................................................................. 69 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 5 of 5 18.03 Cumulative Remedies ............................................................................................................. 70 18.04 Limitation of Damages ............................................................................................................ 70 18.05 No Waiver ............................................................................................................................... 70 18.06 Survival of Obligations ............................................................................................................ 70 18.07 Controlling Law ....................................................................................................................... 70 18.08 Assignment of Contract........................................................................................................... 70 18.09 Successors and Assigns ........................................................................................................... 70 18.10 Headings .................................................................................................................................. 70 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 70 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 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, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 70 requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract. b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 70 recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer—The individual or entity named as such in the Agreement. 23. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 30. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times. 32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 70 33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative. 34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals. 36. 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. 37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 38. 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, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 40. 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. 41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 42. 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 of such Work. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 70 43. Successful Bidder—The Bidder to which the Owner makes an award of contract. 44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, 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 a Subcontractor. 46. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48. Unit Price Work—Work to be paid for on the basis of unit prices. 49. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 50. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 70 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 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 Article 10 or any other provision of the Contract Documents. C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. 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 15.03 or Paragraph 15.04). E. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, means 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, means to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 70 F. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed. G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical 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 Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review: 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; 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 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 70 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. 2.04 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 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 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 the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will 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 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 the component parts of the Work. 4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 70 ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 70 inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 70 B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. 4.03 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 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 70 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. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 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 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 70 D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing 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. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 70 B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’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. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 70 and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner’s archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 70 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 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 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 70 Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; 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 Paragraph 13.03; and, c. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations; Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 70 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C. Engineer’s Review: Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and 4. advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 70 or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; b. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor’s remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 70 of construction to be employed by Contractor, and safety precautions and programs incident thereto; 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. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner 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, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H. 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 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 70 conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. 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, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I obligates Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Contractor’s obligations under the Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 70 Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond 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 must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Alternative forms of insurance coverage, including but not limited to self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 70 Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. H. Contractor shall require: 1. Subcontractors to purchase and maintain worker’s compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor’s liability policies) on each Subcontractor’s commercial general liability insurance policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. J. If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner’s termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 70 L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 Contractor’s Insurance A. Required Insurance: Contractor shall purchase and maintain Worker’s Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor 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; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds: The Contractor’s commercial general liability, automobile liability, employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 70 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor’s acts or omissions, or the acts and omissions of those working on Contractor’s behalf, in the performance of Contractor’s operations. 6.04 Builder’s Risk and Other Property Insurance A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder’s risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder’s risk insurance. The builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of such property insurance. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide advance notice of such occupancy or use to the builder’s risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.04, it may do so at Contractor’s expense. 6.05 Property Losses; Subrogation A. The builder’s risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 70 Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. Owner and Contractor waive all rights against each other and the 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, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder’s risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner’s existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer’s rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. 1. 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 all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. C. The waivers in this Paragraph 6.05 include the waiver of rights 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 insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 70 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES 7.01 Contractor’s Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 Supervision 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 70 B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions. C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment must 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. 7.05 “Or Equals” A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is 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 is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an “or equal” item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 70 2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or- equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal,” which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The Engineer’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 70 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified; and 3) be suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed 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. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 70 E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 70 H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 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 an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. B. To the 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. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 70 7.09 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.11 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. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and 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 such Work or other action. It is not Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 70 7.13 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. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 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, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.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 at its expense (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). E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 70 I. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued. 7.16 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 3) all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that Submittal, and that Contractor approves the Submittal. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 70 3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, 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 7.16.C. 2. Samples a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.16.C. 3. 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. Engineer’s Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 70 document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. 2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Engineer’s review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 70 d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s warranty and guarantee. B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. D. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights under this Paragraph 7.17: 1. Observations by Engineer; 2. Recommendation by Engineer or payment by Owner of any progress or final payment; 3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any review and approval of a Shop Drawing or Sample submittal; 6. The issuance of a notice of acceptability by Engineer; 7. The end of the correction period established in Paragraph 15.08; 8. Any inspection, test, or approval by others; or Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 70 9. Any correction of defective Work by Owner. E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage 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. 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 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner-delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to Engineer. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 70 D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with 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. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 70 E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 70 B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B. 2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor. C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9—OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 70 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 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. 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence 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 (including obligations under proposed changes in the Work). 9.12 Safety Programs 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. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 70 ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been 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 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 10.07. 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. 10.03 Resident Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer’s consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 Engineer’s Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. Engineer’s authority as to Submittals is set forth in Paragraph 7.16. C. Engineer’s authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19. D. Engineer’s authority as to changes in the Work is set forth in Article 11. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 70 E. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.05 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other 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 Contractor under Paragraph 15.06.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 10.07 also apply to the Resident Project Representative, if any. 10.08 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs of which Engineer has been informed. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 70 ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 70 B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 Owner-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. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer’s recommendation. B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.06 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, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 70 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C). C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will 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 13.01.B.1 and 13.01.B.2, the Contractor’s fee will be 15 percent; b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 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 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 70 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3. Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 70 Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5. Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B. 11.10 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. ARTICLE 12—CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 70 and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 70 2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include only the following items: 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 in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will 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 accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will 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, which will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 5. Other costs consisting of 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, which are Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 70 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. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor-related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price (“changed Work”), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed 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 builder’s risk or other property insurance established in accordance with Paragraph 6.04), 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 include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 70 g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work does not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general 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 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor’s Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 70 Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. 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 for any of the foregoing will be valid. C. Owner’s Contingency Allowance: Contractor agrees that an Owner’s contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price 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. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 70 thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction 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 with such procedures and programs as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. 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. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 70 D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 70 losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the 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, then Owner may order Contractor to stop the Work, Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 70 or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then Owner may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, 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, 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 incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. 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 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments 1. At least 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 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. 2. 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 must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 70 establishing full payment by Contractor for the materials and equipment; (b) at Owner’s request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, 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 13.03, 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 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; 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. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 70 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; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that 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 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 70 b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. 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; or l. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, 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, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.03 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 and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 70 submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy 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 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 70 significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work. 2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to 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 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment 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, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 70 d. a list of all duly pending Change Proposals and Claims; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer’s Review of Final Application and Recommendation of Payment: 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 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within 10 days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment and issuance of notice of the acceptability of the Work. E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner’s receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 66 of 70 appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B. C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). Contractor’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 67 of 70 F. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days’ written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 68 of 70 attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds 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 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. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 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; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 days’ written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act 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, 7 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 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 69 of 70 provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient’s place of business; 2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 70 of 70 18.03 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. 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. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). 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. SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared By Endorsed By Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Copyright© 2018 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 The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology....................................................................................................... 1 Article 2— Preliminary Matters .................................................................................................................... 5 Article 3— Contract Documents: Intent, Requirements, Reuse ................................................................... 6 Article 4— Commencement and Progress of the Work ............................................................................... 6 Article 5— Site, Subsurface and Physical Conditions, Hazardoud Environmental Conditions ..................... 6 Article 6— Bonds and Insurance ................................................................................................................... 7 Article 7— Contractor’s Responsibilities .................................................................................................... 15 Article 8— Other Work at the Site .............................................................................................................. 16 Article 9— Owner’s Responsibilities ........................................................................................................... 17 Article 10— Engineer’s Status During Construction ................................................................................... 17 Article 11— Changes to the Contract ......................................................................................................... 18 Article 12— Claims ...................................................................................................................................... 19 Article 13— Cost of Work; Allowances, Unit Price Work............................................................................ 19 Article 14— Tests and Inspections; Correction, Removal, or Accceptance of Defective Work Article 15— Payments to Contractor, Set Offs; Completions; Correction Period ...................................... 20 Article 16— Suspension of Work and Termination .................................................................................... 22 Article 17— Final Resolutions of Disputes .................................................................................................. 22 Article 18— Miscellaneous ......................................................................................................................... 24 Exhibit A— Software Requirements for Electronic Document Exchange Exhibit B— Foreseeable Bad Weather Days Exhibit C— Geotechnical Baseline Report Supplement to the Supplementary Conditions Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 1 of 30 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT These Supplementary Conditions amend or supplement EJCDC® C-700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added—for example, “Paragraph SC-4.05.” ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01.A.8 – Add the following at the end of the Paragraph: The Change Order form to be used on this Project is EJCDC C-941 (2018). Agency approval is required before Change Orders are effective. SC-1.01.A.30 – Add the following at the end of the Paragraph: For the purposes of Rural Development, this term is synonymous with the term “applicant” as defined in 7 CFR 1780.7 (a) (1), (2) and (3) and is an entity receiving financial assistance from the federal programs. SC-1.01.A.50 – Add the following at the end of the Paragraph: The Work Change Directive form to be used on this Project is EJCDC C-940 (2018). Agency approval is required before a Work Change Directive is issued. SC-1.01.A.51 – Add the following new paragraph immediately after Paragraph 1.01.A.50: 51. Agency - The Project is financed in whole or in part by USDA Rural Utilities Service pursuant to the Consolidated Farm and Rural Development Act (7 USC Section 1921 et seq.). The Rural Utilities Service programs are administered through the USDA Rural Development offices; therefore, the Agency for these documents is USDA Rural Development. SC-1.01.A.52 – Add the following new paragraph with the title “American Iron and Steel Definitions” immediately after Paragraph 1.01.A.51: Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 2 of 30 52.a American Iron and Steel (AIS) - Requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference for “iron and steel products,” meaning the following products, if made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. AIS requirements apply in each of the several states, the District of Columbia, and each federally recognized Tribe, but not the U.S. Territories. 52.b Coating - A covering that is applied to the surface of an object. If a Coating is applied to the external surface of a domestic iron or Steel component, and the application takes place outside of the United States, said product would be considered a compliant product under the AIS requirements. Any Coating processes that are applied to the external surface of Iron and Steel components that would otherwise be AIS compliant would not disqualify the product from meeting the AIS requirements regardless of where the Coating processes occur, provided that final assembly of the product occurs in the United States. This exemption only applies to Coatings on the external surface of Iron and Steel components. It does not apply to Coatings or linings on internal surfaces of Iron and Steel products, such as the lining of lined pipes. All Manufacturing Processes for lined pipes, including the application of pipe lining, must occur in the United States for the product to be compliant with AIS requirements. 52.c Construction Materials - Those articles, materials, or supplies made primarily of iron and/or steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered “structural steel”. Note: Mechanical and electrical components, equipment and systems are not considered Construction Materials. See definitions of Mechanical Equipment and Electrical Equipment. 52.d Contractor’s Certification - Documentation submitted by the Contractor upon Substantial Completion of the Contract that all Iron and Steel products installed were Produced in the United States. 52.e De Minimis - Various miscellaneous, incidental low-cost components that are essential for, but incidental to, the construction and are incorporated into the physical structure of the project. Examples of De Minimis components could include small washers, screws, fasteners (such as “off the shelf” nuts and bolts), miscellaneous wire, corner bead, ancillary tube, signage, trash bins, door hardware etc. Costs for such De Minimis components cumulatively may comprise no more than a total of five percent of the total cost of the materials used in and incorporated into a project; the cost of an individual item may not exceed one percent of the total cost of the materials used in and incorporated into a project. 52.f Electrical Equipment - Typically any machine powered by electricity and includes components that are part of the electrical distribution system. AIS does not apply to Electrical Equipment. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 3 of 30 52.g Engineer’s Certification - Documentation submitted by the Engineer that Drawings, Specifications, and Bidding Documents comply with AIS. 52.h Iron and Steel products - The following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. Only items on the above list made primarily of iron or steel, permanently incorporated into the project must be Produced in the United States. For example, trench boxes, scaffolding or equipment, which are removed from the project site upon completion of the project, are not required to be made of U.S. iron or steel. 52.i Manufacturer - A Supplier, fabricator, distributor, materialman, or vendor is an entity with which the Owner, Contractor or any subcontractor has contracted to furnish materials or equipment to be incorporated in the project by the Owner, Contractor or a subcontractor. 52.j Manufacturer’s Certification - Documentation provided by the Manufacturer stating that the Iron and Steel products to be used in the project are produced in the United States in accordance with American Iron and Steel (AIS) Requirements. If items are purchased via a Supplier, distributor, vendor, etc. from the Manufacturer directly, then the Supplier, distributor, vendor, etc. will be responsible for obtaining and providing these certifications to the parties purchasing the products. 52.k Manufacturing Processes - Processes such as melting, refining, pouring, forming, rolling, drawing, finishing, and fabricating. Further, if a domestic Iron and Steel product is taken out of the United States for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement, and the material(s), if any, being applied as a Coating are similarly not covered. Non-iron or Steel components of an Iron and Steel product may come from non-US sources. For example, for products such as valves and hydrants, the individual non-Iron and Steel components do not have to be of domestic origin. Raw materials, such as iron ore, limestone, scrap iron, and scrap steel, can come from non-U.S. sources. 52.l Mechanical Equipment - Typically equipment which has motorized parts and/or is powered by a motor. AIS does not apply to Mechanical Equipment. 52.m Minor Components - Components within an iron and/or Steel product otherwise compliant with the American Iron and Steel requirements; this waiver is typically used by Manufacturers. It differs from the De Minimis definition in that De Minimis pertains to the entire project and the minor component definition pertains to a single product. This waiver allows use of non-domestically produced miscellaneous Minor Components comprising up to five percent of the total material cost of an otherwise domestically produced Iron and Steel product. However, unless a separate waiver for a product has been approved, all other Iron and Steel components in said product must still meet the AIS requirements. This waiver does not exempt the whole product from the AIS requirements only Minor Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 4 of 30 Components within said product and the iron or Steel components of the product must be produced domestically. Valves and hydrants are also subject to the cost ceiling requirements described here. Examples of Minor Components could include items such as pins and springs in valves/hydrants, bands/straps in couplings, and other low-cost items such as small fasteners etc. 52.n Municipal Castings - Cast iron or Steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and solid waste infrastructure. 52.o Primarily Iron or Steel - A product is made of greater than 50 percent iron or Steel on a materials cost basis. An exception to this definition is reinforced precast concrete (see Definitions). All technical specifications and applicable industry standards (e.g. NIST, NSF, AWWA) must be met. If a product is determined to be less than 50 percent iron and/or steel, the AIS requirements do not apply. For example, the cost of a fire hydrant includes: The cost of materials used for the iron portion of a fire hydrant (e.g. bonnet, body and shoe); and The cost to pour and cast to create those components (e.g. labor and energy). Not included in the cost are: The additional material costs for the non-iron or Steel internal workings of the hydrant (e.g. stem, coupling, valve, seals, etc.); and The cost to assemble the internal workings into the hydrant body. 52.p Produced in the United States - The production in the United States of the iron or Steel products used in the project requires that all Manufacturing Processes must take place in the United States, with the exception of metallurgical processes involving refinement of steel additives. 52.q Reinforced Precast Concrete – Reinforced Precast Concrete structures must comply with AIS, regardless of whether or not it consists of at least 50 percent iron or steel. The reinforcing bar and wire must be Produced in the United States and meet the same standards as for any other iron or Steel product. Additionally, the casting of the concrete product must take place in the United States. The cement and other raw materials used in concrete production are not required to be of domestic origin. If the reinforced concrete is cast at the construction site, the reinforcing bar and wire are considered Construction Materials and must be Produced in the United States. 52.r Steel - An alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements. Metallic elements such as chromium, nickel, molybdenum, manganese, and silicon may be added during the melting of Steel for the purpose of enhancing properties such as corrosion resistance, hardness, or strength. The definition of Steel covers carbon steel, alloy steel, stainless steel, tool steel, and other specialty steels. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 5 of 30 52.s Structural Steel - Rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide-flange shapes, standard I-beams, channels, angles, tees, and zees. Other shapes include but are not limited to, H-piles, sheet piling, tie plates, cross ties, and those for other special purposes. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance SC-2.01 Delete Paragraphs 2.01.B. and C. in their entirety and insert the following in their place: B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies (including all endorsements, and identification of applicable self-insured retentions and deductibles) of insurance required to be provided by Contractor in this Contract. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. C. Evidence of Owner’s Insurance: After receipt from Contractor of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner in this Contract (if any). Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. 2.02 Copies of Documents SC-2.02 Amend the first sentence of Paragraph 2.02.A. to read as follows: Owner shall furnish to Contractor five printed copies of the Contract Documents (including one fully signed counterpart of the Agreement). And one in electronic portable document format (PDF). SC-2.02 Delete Paragraph 2.02.A in its entirety and insert the following new paragraph in its place: E. Owner shall furnish to Contractor 5 printed copies of conformed Contract Documents incorporating and integrating all Addenda and any amendments negotiated prior to the Effective Date of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies of the conformed Contract Documents will be furnished upon request at the cost of reproduction. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 6 of 30 ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent SC-3.01 Delete Paragraph 3.01.C in its entirety. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.01.A – Delete the last sentence of paragraph. 4.05 Delays in Contractor’s Progress SC-4.05 Amend Paragraph 4.05.C by adding the following subparagraphs: 5. Weather-Related Delays E. If “abnormal weather conditions” as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: 1) that weather conditions were abnormal for the period of time in which the delay occurred, 2) that such weather conditions could not have been reasonably anticipated, and 3) that such weather conditions had an adverse effect on the Work as scheduled. Extreme or unusual weather that is typical for a given region, elevation, or season should not be considered abnormal weather conditions. Requests for time extensions due to abnormal weather conditions will be submitted to the Engineer within five days of the end of the abnormal weather condition event. It is the responsibility of the Contractor to provide the information listed in SC 4.05.C.5.b. ARTICLE 5—SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS 5.03 Subsurface and Physical Conditions SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.D: E. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely: [If there are no such reports, so indicate in the table.] Report Title Date of Report Technical Data None None F. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 7 of 30 the Site (except Underground Facilities), that contain Technical Data, and specifically identifies the Technical Data upon which Contractor may rely: Drawings Title Date of Drawings Technical Data None None G. Contractor may examine copies of reports and drawings identified in SC-5.03.E and SC-5.03.F that were not included with the Bidding Documents at 20 E. Olive, Bozeman, MT, 59715 during regular business hours, or may request copies from Engineer. 5.06 Hazardous Environmental Conditions SC-5.06 Add the following new paragraphs immediately after Paragraph 5.06.A.3: 4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may rely: Report Title Date of Report Technical Data None None 5. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely: [If there are no such drawings, so indicate in the table] Drawings Title Date of Drawings Technical Data None None ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds SC-6.01 Ad 1. d the following paragraphs immediately after Paragraph 6.01.A: Required Performance Bond Form: The performance bond that Contractor furnishes will be in the form of EJCDC® C-610, Performance Bond (2010, 2013, or 2018 edition). 2. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of EJCDC® C-615, Payment Bond (2010, 2013, or 2018 edition). SC-6.01 Ad d the following paragraphs immediately after Paragraph 6.01.B: 1. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be TWO years after Substantial Completion. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 8 of 30 6.02 Insurance—General Provisions SC-6.02 Add the following paragraph immediately after Paragraph 6.02.H.2 of the General Conditions: 3. For the following Subcontractors, Suppliers, or categories of Subcontractor or Supplier, Contractor shall require the following specified insurance, with policy limits as stated: N/A 6.03 Contractor’s Insurance SC-6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C: D. Other Additional Insureds: As a supplement to the provisions of Paragraph 6.03.C of the General Conditions, the commercial general liability, automobile liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies must include as additional insureds (in addition to Owner and Engineer) the following: None E. Workers’ Compensation and Employer’s Liability: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance, including, as applicable, United States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap employer’s liability coverage for monopolistic states, and foreign voluntary workers’ compensation (from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.B of the General Conditions). Workers’ Compensation and Related Policies Policy limits of not less than: Workers’ Compensation State Statutory Applicable Federal (e.g., Longshoreman’s) Statutory Foreign voluntary workers’ compensation (employer’s responsibility coverage), if applicable Statutory Jones Act (if applicable) Bodily injury by accident—each accident $1,500,000 Bodily injury by disease—aggregate $3,000,000 Employer’s Liability Each accident $1,500,000 Each employee $1,500,000 Policy limit $3,000,000 Stop-gap Liability Coverage For work performed in monopolistic states, stop-gap liability coverage must be endorsed to either the worker’s compensation or commercial general liability policy with a minimum limit of: $ N/A F. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for: Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 9 of 30 1. damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees, 2. damages insured by reasonably available personal injury liability coverage, and 3. damages because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. G. Commercial General Liability—Form and Content: Contractor’s commercial liability policy must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage. a. Such insurance must be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Severability of interests and no insured-versus-insured or cross-liability exclusions. 4. Underground, explosion, and collapse coverage. 5. Personal injury coverage. 6. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements. 7. For design professional additional insureds, ISO Endorsement CG 20 32 07 04 “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. H. Commercial General Liability—Excluded Content: The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, must not include any of the following: 1. Any modification of the standard definition of “insured contract” (except to delete the railroad protective liability exclusion if Contractor is required to indemnify a railroad or others with respect to Work within 50 feet of railroad property). 2. Any exclusion for water intrusion or water damage. 3. Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG 00 01. 4. Any exclusion of coverage relating to earth subsidence or movement. 5. Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability (other than worker’s compensation). Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 10 of 30 6. Any limitation or exclusion based on the nature of Contractor’s work. 7. Any professional liability exclusion broader in effect than the most recent edition of ISO form CG 22 79. I. Co mmercial General Liability—Minimum Policy Limits Commercial General Liability Policy limits of not less than: General Aggregate $ 3,000,000 Products—Completed Operations Aggregate $ 3,000,000 Personal and Advertising Injury $ 1,500,000 Bodily Injury and Property Damage—Each Occurrence $ 1,500,000 J. Automobile Liability: Contractor shall purchase and maintain automobile liability insurance for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy must be written on an occurrence basis. Automobile Liability Policy limits of not less than: Bodily Injury Each Person $ 1,500,000 Each Accident $ 1,500,000 Property Damage Each Accident $ 1,500,000 [or] Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage) $ 3,000,000 K. Umbrella or Excess Liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the Paragraphs above. The coverage afforded must be at least as broad as that of each and every one of the underlying policies. Excess or Umbrella Liability Policy limits of not less than: Each Occurrence $ 1,000,000 General Aggregate $ 3,000,000 L. Using Umbrella or Excess Liability Insurance to Meet CGL and Other Policy Limit Requirements: Contractor may meet the policy limits specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy’s policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage as that of the underlying policy, as specified herein. If such umbrella or excess liability policy was required under this Contract, at a specified minimum policy limit, such umbrella or Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 11 of 30 excess policy must retain a minimum limit of $1,000,000 after accounting for partial attribution of its limits to underlying policies, as allowed above. M. Contractor’s Pollution Liability Insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage, including cleanup costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance must be maintained for no less than three years after final completion. Contractor’s Pollution Liability Policy limits of not less than: Each Occurrence/Claim $ 1,500,000 General Aggregate $ 3,000,000 N. Contractor’s Professional Liability Insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance must cover negligent acts, errors, or omissions in the performance of professional design or related services by the insured or others for whom the insured is legally liable. The insurance must be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. The retroactive date on the policy must pre-date the commencement of furnishing services on the Project. Contractor’s Professional Liability Policy limits of not less than: Each Claim $ 1,500,000 Annual Aggregate $ 3,000,000 O. Railroad Protective Liability Insurance: Prior to commencing any Work within 50 feet of railroad-owned and controlled property, Contractor shall (1) endorse its commercial general liability policy with ISO CG 24 17, removing the contractual liability exclusion for work within 50 feet of a railroad, (2) purchase and maintain railroad protective liability insurance meeting the following requirements, (3) furnish a copy of the endorsement to Owner, and (4) submit a copy of the railroad protective policy and other railroad-required documentation to the railroad, and notify Owner of such submittal. Railroad Protective Liability Insurance Policy limits of not less than: Each Claim $ N/A Aggregate $ N/A P. Unmanned Aerial Vehicle Liability Insurance: If Contractor uses unmanned aerial vehicles (UAV—commonly referred to as drones) at the Site or in support of any aspect of the Work, Contractor shall obtain UAV liability insurance in the amounts stated; name Owner, Engineer, and all individuals and entities identified in the Supplementary Conditions as additional insureds; and provide a certificate to Owner confirming Contractor’s compliance with this requirement. Such insurance will provide coverage for property damage, bodily injury or death, and invasion of privacy. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 12 of 30 Unmanned Aerial Vehicle Liability Insurance Policy limits of not less than: Each Claim $ N/A General Aggregate $ N/A Q. Other Required Insurance: 6.04 Builder’s Risk and Other Property Insurance SC-6.04 Delete Paragraph 6.04.A and insert the following in its place: A. Owner shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions: F. Builder’s Risk Requirements: The builder’s risk insurance must: 1. be written on a builder’s risk “all risk” policy form that at a minimum includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment stored and in transit, and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused by flood). a. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship, methods, design, or materials exclusions. b. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance will be provided through other insurance policies acceptable to Owner and Contractor. 2. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 13 of 30 the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 3. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of contractors, engineers, and architects). 4. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). If this coverage is subject to a sublimit, such sublimit will be a minimum of $ N/A. 5. extend to cover damage or loss to insured property while in transit. If this coverage is subject to a sublimit, such sublimit will be a minimum of $ N/A. 6. allow for the waiver of the insurer’s subrogation rights, as set forth in this Contract. 7. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage. 8. include performance/hot testing and start-up, if applicable. 9. be maintained in effect until the Work is complete, as set forth in Paragraph 15.06.D of the General Conditions, or until written confirmation of Owner’s procurement of property insurance following Substantial Completion, whichever occurs first. 10 include as named insureds the Owner, Contractor, Subcontractors (of every tier), and any other individuals or entities required by this Contract to be insured under such builder’s risk policy. For purposes of Paragraphs 6.04, 6.05, and 6.06 of the General Conditions, and this and all other corresponding Supplementary Conditions, the parties required to be insured will be referred to collectively as “insureds.” In addition to Owner, Contractor, and Subcontractors of every tier, include as insureds the following: a. None 11. include, in addition to the Contract Price amount, the value of the following equipment and materials to be installed by the Contractor but furnished by the Owner or third parties: a. None 12. If debris removal in connection with repair or replacement of insured property is subject to a coverage sublimit, such sublimit will be a minimum of $ None . 13. In addition to the coverage sublimits stated above, the following coverages are also subject to sublimits, as follows: a. None Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 14 of 30 If thi s coverage is subject to a sublimit, such sublimit will be a minimum of $ None . SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provision: G. Coverage for Completion Delays: The builder’s risk policy will include, for the benefit of Owner, loss of revenue and soft cost coverage for losses arising from delays in completion that result from covered physical losses or damage. Such coverage will include, without limitation, fixed expenses and debt service for a minimum of 12 months with a maximum deductible of 30 days, compensation for loss of net revenues, rental costs, and attorneys’ fees and engineering or other consultants’ fees, if not otherwise covered. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions: H. Builder’s Risk and Other Property Insurance Deductibles: The purchaser of any required builder’s risk, installation floater, or other property insurance will be responsible for costs not covered because of the application of a policy deductible. 1. The builder’s risk policy (or if applicable the installation floater) will be subject to a deductible amount of no more than $ 10,000 for direct physical loss in any one occurrence. SC-6.04 Delete Paragraph 6.04.A of the General Conditions and substitute the following in its place: A. Installation Floater 1. Contractor shall provide and maintain installation floater insurance on a broad form or “all risk” policy providing coverage for materials, supplies, machinery, fixtures, and equipment that will be incorporated into the Work (“Covered Property”). Coverage under the Contractor’s installation floater will include loss from covered “all risk” causes (perils) to Covered Property: a. of the Contractor, and Covered Property of others that is in Contractor’s care, custody, and control; b. while in transit to the Site, including while at temporary storage sites; c. while at the Site awaiting and during installation, erection, and testing; d. continuing at least until the installation or erection of the Covered Property is completed, and the Work into which it is incorporated is accepted by Owner. 2. The installation floater coverage cannot be contingent on an external cause or risk, or limited to property for which the Contractor is legally liable. 3. The installation floater coverage will be in an amount sufficient to protect Contractor’s interest in the Covered Property. The Contractor will be solely responsible for any deductible carried under this coverage. 4. This policy will include a waiver of subrogation applicable to Owner, Contractor, Engineer, all Subcontractors, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 15 of 30 ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES 7.03 Labor; Working Hours SC-7.03 Ad d the following new subparagraphs immediately after Paragraph 7.03.C: 1. Regular working hours will be 7:00 AM to 7:00 PM . 2. Owner's legal holidays are New Years Day Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Indigenous People’s Day. Veterans Day General Election Day (alternate years), Thanksgiving Day, Wellness Day (observed day after Thanksgiving) and Christmas Day. SC-7.03 Amend the first and second sentences of Paragraph 7.03.C to state “…all Work at the Site must be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday or any legal holiday.” SC-7.03 Delete Paragraph 7.03.C in its entirety, and insert the following: C. In the absence of any Laws or Regulations to the contrary, Contractor may perform the Work on holidays, during any or all hours of the day, and on any or all days of the week, at Contractor's sole discretion. SC-7.03 Add the following new paragraph immediately after Paragraph 7.03.C: D. Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer’s services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. SC-7.03 Add the following new subparagraph immediately after Paragraph SC-7.03.D: 1. For purposes of administering the foregoing requirement, additional overtime costs are defined as . 7.10 Taxes SC-7.10 Add a new paragraph immediately after Paragraph 7.10.A: A. Owner is exempt from payment of sales and compensating use taxes of the State of Montana and of cities and counties thereof on all materials to be incorporated into the Work. 1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work. 2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 16 of 30 7.13 Safety and Protection SC-7.13 Insert the following after the second sentence of Paragraph 7.13.G: The following Owner safety programs are applicable to the Work: None _. SC-7.16.A.1.c – Amend paragraph by deleting the last period and adding: , including Manufacturer’s Certification letter for any item in the submittal subject to American Iron and Steel requirements and include the Certificate in the submittal. Refer to Manufacturer’s Certification Letter provided in these Contract Documents. SC-7.16.C.9 – Add new paragraph immediately after Paragraph 7.16.C.8: 9. Engineer’s review and approval of a Shop Drawing or Sample shall include review of Manufacturers’ Certifications in order to document compliance with American Iron and Steel requirements, as applicable. SC-7.17.F – Add new paragraph immediately after Paragraph 7.17.E: F. Contractor shall certify upon Substantial Completion that all Work and Materials have complied with American Iron and Steel requirements as mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. Contractor shall provide said Certification to Owner. Refer to General Contractor’s Certification Letter provided in these Contract Documents. ARTICLE 8—OTHER WORK AT THE SITE 8.02 Coordination SC-8.02 Add the following new Paragraph 8.02.C immediately after Paragraph 8.02.B: C. Owner intends to contract with others for the performance of other work at or adjacent to the Site. 1. Director of Transportation and Engineering, Director of Utilities or their representative shall have authority and responsibility for coordination of the various contractors and work forces at the Site; 2. The following specific matters are to be covered by such authority and responsibility: work by others if any as described in the special provisions 3. The extent of such authority and responsibilities is: work done by City of Bozeman Personnel. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 17 of 30 ARTICLE 9—OWNER’S RESPONSIBILITIES 9.13 Owner’s Site Representative SC-9.13 Add the following new paragraph immediately after Paragraph 9.12 of the General Conditions: 9.13 Owner’s Site Representative A. Owner will furnish an “Owner’s Site Representative” to represent Owner at the Site and assist Owner in observing the progress and quality of the Work. The Owner’s Site Representative is not Engineer’s consultant, agent, or employee. Owner’s Site Representative will be City Inspector. The authority and responsibilities of Owner’s Site Representative follow: same as the Resident Project Representative as specified in 10.03 _. ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION 10.03 Resident Project Representative SC-10.03 Add the following new subparagraph immediately after Paragraph 10.03.A: 1. On this Project, by agreement with the Owner, the Engineer will not furnish a Resident Project Representative to represent Engineer at the Site or assist Engineer in observing the progress and quality of the Work. SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.B: C. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with Engineer and Contractor. RPR's dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor. The RPR will: 1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof. 2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR’s own personal safety while at the Site. 3. Liaison a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for Contractor’s proper execution of the Work. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 18 of 30 4. Review of Work; Defective Work a. Conduct on-Site observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents. b. Observe whether any Work in place appears to be defective. c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval. 5. Inspections and Tests a. Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work. b. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work. 6. Payment Requests: Review Applications for Payment with Contractor. 7. Completion a. Participate in Engineer’s visits regarding Substantial Completion. b. Assist in the preparation of a punch list of items to be completed or corrected. c. Participate in Engineer’s visit to the Site in the company of Owner and Contractor regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. d. Observe whether items on the final punch list have been completed or corrected. D. The RPR will not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. 5 Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Authorize Owner to occupy the Project in whole or in part. ARTICLE 11—CHANGES TO THE CONTRACT SC-11.02.C – Add new paragraph immediately after Paragraph 11.02.B: Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 19 of 30 C. The Engineer or Owner shall contact the Agency for concurrence on each Change Order prior to issuance. All Contract Change Orders must be concurred on (signed) by Agency before they are effective. SC-11.03.A.2 - Add new Paragraph 11.03.A.2 immediately after Paragraph 11.03.A, which shall be renamed Paragraph 11.03.A.1: 2. The Engineer or Owner shall contact the Agency for concurrence on each Work Change Directive prior to issuance. Once authorized by Owner, a copy of each Work Change Directive shall be provided by Engineer to the Agency. SC-11.05.B – Add the following at the end of this paragraph: For Owner-authorized changes in the Work, the Contractor will provide the Manufacturer’s Certification(s) for materials subject to American Iron and Steel requirements except when sole-source is specified, in which case the Engineer will provide the Manufacturer’s Certification(s). SC-11.09.B.2.c – Add new paragraph immediately after Paragraph 11.09.B.2.b: c. Change orders involving materials subject to American Iron and Steel requirements shall include supporting data (name of Manufacturer, city and state where the product was manufactured, description of product, signature of authorized Manufacturer’s representative) in the Manufacturer’s Certification Letter, as applicable. ARTICLE 12—CLAIMS No suggested Supplementary Conditions in this Article. ARTICLE 13—COST OF WORK; ALLOWANCES, UNIT PRICE WORK 13.01 Cost of the Work SC-13.01 Supplement Paragraph 13.01.B.5.c.(2) by adding the following sentence: The equipment rental rate book that governs the included costs for the rental of machinery and equipment owned by Contractor (or a related entity) under the Cost of the Work provisions of this Contract is the most current edition of Rental rate blue book for construction equipment. SC-13.01 Supplement Paragraph 13.01.C.2 by adding the following definition of small tools and hand tools: a. For purposes of this paragraph, “small tools and hand tools” means any tool or equipment whose current price if it were purchased new at retail would be less than $500. [or insert other threshold price.] SC-13.02.C – Delete paragraph in its entirety and insert ”Deleted”. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 20 of 30 13.03 Unit Price Work SC-13.03 Delete Paragraph 13.03.E in its entirety and insert the following in its place: E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the extended price of a particular item of Unit Price Work amounts to 10% percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than 25% percent from the estimated quantity of such item indicated in the Agreement; and b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 15—PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD 15.01 Progress Payments SC-15.01.B.4 – Add the following language at the end of paragraph: No payments will be made that would deplete the retainage, place in escrow any funds that are required for retainage or invest the retainage for the benefit of the Contractor. SC-15.01.B.5 – Add new paragraph immediately after Paragraph 15.01.B.4: 5. The Application for Payment form to be used on this Project is EJCDC® C-620. The Agency must approve all Applications for Payment before payment is made. SC-15.01.B.6 – Add new paragraph immediately after Paragraph 15.01.B.5: 6. By submitting an Application for Payment based in whole or in part on furnishing equipment or materials, Contractor certifies that such equipment and materials are compliant with American Iron and Steel requirements. Manufacturer’s Certification letter Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 21 of 30 for materials satisfy this requirement. Refer to Manufacturer’s Certification Letter provided in these Contract Documents. SC-15.01.C.2.d – Add the following new paragraph immediately after Paragraph 15.01.C.2.c: d. The materials presented for payment in an Application for Payment comply with American Iron and Steel requirements. SC-15.01.D.1 – Delete paragraph in its entirety and insert the following in its place: The Application for Payment with Engineer’s recommendations will be presented to the Owner and Agency for consideration. If both the Owner and Agency find the Application for Payment acceptable, the recommended amount less any reduction under the provisions of Paragraph 15.01.E will become due twenty (20) days after the Application for Payment is presented to the Owner, and the Owner will make payment to the Contractor. SC-15.01 Add the following new Paragraph 15.01.F: F. For contracts in which the Contract Price is based on the Cost of Work, if Owner determines that progress payments made to date substantially exceed the actual progress of the Work (as measured by reference to the Schedule of Values), or present a potential conflict with the Guaranteed Maximum Price, then Owner may require that Contractor prepare and submit a plan for the remaining anticipated Applications for Payment that will bring payments and progress into closer alignment and take into account the Guaranteed Maximum Price (if any), through reductions in billings, increases in retainage, or other equitable measures. Owner will review the plan, discuss any necessary modifications, and implement the plan as modified for all remaining Applications for Payment. SC-15.02.A – Amend paragraph by striking out the following text: “7 days after”. 15.03 Substantial Completion SC-15.03.A – Modify by adding the following after the last sentence: Contractor shall also submit the General (Prime) Contractor’s Certification of Compliance certifying that to the best of the Contractor’s knowledge and belief all substitutes, equals, and all Iron and Steel products proposed in the Shop Drawings, Change Orders, and Partial Payment Estimates, and those installed for the Project, are either Produced in the United States or are the subject of an approved waiver under Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 22 of 30 Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. SC-15.03 Add the following new subparagraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re- inspection or re-testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15. 15.08 Correction Period SC-15.08 Add the following new Paragraph 15.08.G: G. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be the number of years set forth in SC-6.01.B.1; or if no such revision has been made in SC-6.01.B, then the correction period is hereby specified to be TWO years after Substantial Completion. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION No suggested Supplementary Conditions in this Article. ARTICLE 17—FINAL RESOLUTIONS OF DISPUTES 17.02 Arbitration SC-17.02 Add the following new paragraph immediately after Paragraph 17.01. 17.02 Arbitration A. All matters subject to final resolution under this Article will be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules (subject to the conditions and limitations of this Paragraph SC-17.02). Any controversy or claim in the amount of $100,000 or less will be settled in accordance with the American Arbitration Association’s supplemental rules for Fixed Time and Cost Construction Arbitration. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitration administrator, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the specific time required in Article 17, or if no specified time is applicable within a reasonable time after the matter in question has arisen, and in no event will any such demand be made after the date when institution of legal or equitable proceedings based on such matter in question would be barred by the applicable statute of limitations. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 23 of 30 C. The arbitrator(s) must be licensed engineers, contractors, attorneys, or construction managers. Hearings will take place pursuant to the standard procedures of the Construction Arbitration Rules that contemplate in-person hearings. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute or the Contract. Any award in an arbitration initiated under this clause will be limited to monetary damages and include no injunction or direction to any party other than the direction to pay a monetary amount. D. The Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a specific Law or Regulation or this Contract permits them to do so. E. The award of the arbitrators must be accompanied by a reasoned written opinion and a concise breakdown of the award. The written opinion will cite the Contract provisions deemed applicable and relied on in making the award. F. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges will constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver will not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. G. No arbitration arising out of or relating to the Contract will include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, and Engineer’s consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity will allow complete relief to be afforded among those who are already parties to the arbitration; 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration, and which will arise in such proceedings; 3. such other individual or entity is subject to arbitration under a contract with either Owner or Contractor, or consents to being joined in the arbitration; and 4. the consolidation or joinder is in compliance with the arbitration administrator’s procedural rules. H. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the Laws and Regulations relating to vacating or modifying an arbitral award. I. Except as may be required by Laws or Regulations, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, with the exception of any disclosure required by Laws and Regulations or the Contract. To the extent any disclosure is allowed pursuant to the exception, the disclosure must be strictly and narrowly limited to maintain confidentiality to the extent possible. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 24 of 30 17.03 Attorneys’ Fees SC-17.03 Add the following new paragraph immediately after Paragraph 17.02. [Note: If there is no Paragraph 17.02, because neither arbitration nor any other dispute resolution process has been specified here in the Supplementary Conditions, then revise this to state “Add the following new Paragraph immediately after Paragraph 17.01” and revise the numbering accordingly]. 17.03 Attorneys’ Fees A. For any matter subject to final resolution under this Article, the prevailing party shall be entitled to an award of its attorneys’ fees incurred in the final resolution proceedings, in an equitable amount to be determined in the discretion of the court, arbitrator, arbitration panel, or other arbiter of the matter subject to final resolution, taking into account the parties’ initial demand or defense positions in comparison with the final result. ARTICLE 18—MISCELLANEOUS 18.08 Assignment of Contract SC-18.08 Add the following new paragraph immediately after Paragraph 18.08.A: B. The contract dated between Owner as “buyer” and as “seller” for procurement of goods and special services (“procurement contract”) assigned to Contractor by Owner, and Contractor [accepts] [will accept] such assignment. A form documenting the assignment is attached as an exhibit to this Contract. 1. This assignment will occur on the _, and will relieve the Owner as “buyer” from all further obligations and liabilities under the procurement contract. 2. Upon assignment, the “seller” will be a Subcontractor or Supplier of the Contractor, and Contractor will be responsible for seller’s performance, acts, and omissions, as set forth in Paragraph 7.07 of the General Conditions just as Contractor is responsible for all other Subcontractors and Suppliers. 3. Notwithstanding this assignment, all performance guarantees and warranties required by the procurement contract will continue to run for the benefit of the Owner and, in addition, for the benefit of the Contractor. 4. Except as noted in the procurement contract, all rights, duties and obligations of Engineer to “buyer” and “seller” under the procurement contract will cease _. SC-18.11 – Add new paragraph immediately after Paragraph 18.10: 18.11 Tribal Sovereignty A. No provision of this Agreement will be construed by any of the signatories as abridging or debilitating any sovereign powers of the Tribe; affecting the trust- Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 25 of 30 beneficiary relationship between the Secretary of the Interior, Tribe, and Indian landowner(s); or interfering with the government-to-government relationship between the United States and the Tribe. SC-19 – Add the following new Article 19 immediately after Article 18: Article 19 - FEDERAL REQUIREMENTS 19.01 Agency Not a Party A. This Contract is expected to be funded in part with funds provided by Agency. Neither Agency, nor any of its departments, entities, or employees, is a party to this Contract. 19.02 Contract Approval A. Owner and Contractor will furnish Owner’s attorney such evidence as required so that Owner’s attorney can complete and execute the “Certificate of Owner’s Attorney” (Exhibit G of this Bulletin) before Owner submits the executed Contract Documents to Agency for approval. B. Agency concurrence is required on both the Bid and the Contract before the Contract is effective. 19.03 Conflict of Interest A. Contractor may not knowingly contract with a Supplier or Manufacturer if the individual or entity who prepared the Drawings and Specifications has a corporate or financial affiliation with the Supplier or Manufacturer. Owner’s officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) the employee, officer or agent; (ii) any member of their immediate family; (iii) their partner or (iv) an organization that employs, or is about to employ, any of the above, has a financial interest or other interest in or a tangible personal benefit from the Contractor. Owner’s officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractor or subcontractors. 19.04 Gratuities A. If Owner finds after a notice and hearing that Contractor, or any of Contractor’s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of Owner or Agency in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, Owner may, by written notice to Contractor, terminate this Contract. Owner may also pursue other rights and remedies that the law or Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 26 of 30 this Contract provides. However, the existence of the facts on which Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract. B. In the event this Contract is terminated as provided in paragraph 19.04.A, Owner may pursue the same remedies against Contractor as it could pursue in the event of a breach of this Contract by Contractor. As a penalty, in addition to any other damages to which it may be entitled by law, Owner may pursue exemplary damages in an amount (as determined by Owner) which shall not be less than three nor more than ten times the costs Contractor incurs in providing any such gratuities to any such officer or employee. 19.05 Small, Minority and Women’s Businesses A. If Contractor intends to let any subcontracts for a portion of the work, Contractor will take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps will include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 19.06 Anti-Kickback A. Contractor shall comply with the Copeland Anti-Kickback Act (40 USC 3145) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States”). The Act provides that Contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled. Owner shall report all suspected or reported violations to Agency. 19.07 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 27 of 30 A. Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 19.08 Equal Employment Opportunity A. The Contract is considered a federally assisted construction contract. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 19.09 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) A. Contractors that apply or bid for an award exceeding $100,000 must file the required certification (RD Instruction 1940-Q Exhibit A-1). The Contractor certifies to the Owner and every subcontractor certifies to the Contractor that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining the Contract if it is covered by 31 U.S.C. 1352. The Contractor and every subcontractor must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner. 19.10 Environmental Requirements A. When constructing a Project involving trenching and/or other related earth excavations, Contractor shall comply with the following environmental conditions: 1. Wetlands – When disposing of excess, spoil, or other Construction Materials on public or private property, Contractor shall not fill in or otherwise convert wetlands. 2. Floodplains – When disposing of excess, spoil, or other Construction Materials on public or private property, Contractor shall not fill in or otherwise convert 100-year floodplain areas (Standard Flood Hazard Area) delineated on the latest Federal Emergency Management Agency Floodplain Maps, or other appropriate maps, e.g., alluvial soils on NRCS Soil Survey Maps. 3. Historic Preservation - Applicants shall ensure that Contractors maintain a copy of the following inadvertent discovery plan onsite for review: Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 28 of 30 a. If during the course of any ground disturbance related to any Project, any post review discovery, including but not limited to, any artifacts, foundations, or other indications of past human occupation of the area are uncovered, shall be protected by complying with 36 CFR § 800.13(b)(3) and (c) and shall include the following: i. All Work, including vehicular traffic, shall immediately stop within a 50 ft. radius around the area of discovery. The Contractor shall ensure barriers are established to protect the area of discovery and notify the Engineer to contact the appropriate RD personnel. The Engineer shall engage a Secretary of the Interior (SOI) qualified professional archeologist to quickly assess the nature and scope of the discovery; implement interim measures to protect the discovery from looting and vandalism; and establish broader barriers if further historic and/or precontact properties, can reasonably be expected to occur. ii. The RD personnel shall notify the appropriate RD environmental staff member, the Federal Preservation Officer (FPO), and State Historic Preservation Office (SHPO) immediately. Indian tribe(s) or Native Hawaiian Organization (NHOs) that have an interest in the area of discovery shall be contacted immediately. The SHPO may require additional tribes or NHOs who may have an interest in the area of discovery also be contacted. The notification shall include an assessment of the discovery provided by the SOI qualified professional archeologist. iii. When the discovery contains burial sites or human remains, the Contractor shall immediately notify the appropriate RD personnel who will contact the RD environmental staff member, FPO, and the SHPO. The relevant law enforcement authorities shall be immediately contacted by onsite personnel to reduce delay times, in accordance with tribal, state, or local laws including 36 CFR Part 800.13; 43 CFR Part 10, Subpart B; and the Advisory Council on Historic Preservation’s Policy Statement Regarding treatment of Burial Sites, Human Remains, or Funerary Objects (February 23, 2007). iv. When the discovery contains burial sites or human remains, all construction activities, including vehicular traffic shall stop within a 100 ft. radius of the discovery and barriers shall be established. The evaluation of human remains shall be conducted at the site of discovery by a SOI qualified professional. Remains that have been removed from their primary context and where that context may be in question may be retained in a secure location, pending further decisions on treatment and disposition. RD may expand this radius based Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 29 of 30 on the SOI professional’s assessment of the discovery and establish broader barriers if further subsurface burial sites, or human remains can reasonably be expected to occur. RD, in consultation with the SHPO and interested tribes or NHOs, shall develop a plan for the treatment of native human remains. v. Work may continue in other areas of the undertaking where no historic properties, burial sites, or human remains are present. If the inadvertent discovery appears to be a consequence of illegal activity such as looting, the onsite personnel shall contact the appropriate legal authorities immediately if the landowner has not already done so. vi. Work may not resume in the area of the discovery until a notice to proceed has been issued by RD. RD shall not issue the notice to proceed until it has determined that the appropriate local protocols and consulting parties have been consulted. vii. Inadvertent discoveries on federal and tribal land shall follow the processes required by the federal or tribal entity. 4. Endangered Species – Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of Contractor, Contractor will immediately report this evidence to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the U.S. Fish and Wildlife Service. 5. Mitigation Measures – The following environmental mitigation measures are required on this Project: [Insert mitigation measures from the Letter of Conditions here]. 19.11 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) A. Where applicable, for contracts awarded by the Owner in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor will comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Contractor will compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic will be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 30 of 30 19.12 Debarment and Suspension (Executive Orders 12549 and 12689) A. A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 19.13 Procurement of recovered materials A. The Contractor will comply with 2 CFR Part 200.322, “Procurement of recovered materials.” 19.14 American Iron and Steel A. Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference applies an American Iron and Steel requirement to this project. All iron and steel products used in this project must be produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. B. The following waivers apply to this Contract: 1. De Minimis, 2. Minor Components, 3. Pig iron and direct reduced iron, and 4. [add project specific waivers as applicable]. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 NOTICE OF AWARD Dated: __________________ TO: ____________________________ ADDRESS: ______________________ PROJECT: ______________________ CONTRACT FOR: 2026 Street Improvements Project You are notified that your Bid opened on_______________, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: 2026 Street Imrovements Project. The Contract Price of your Contract is: ___________________________________________________ Dollars ($____________). Five (5) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______________. 1. You must deliver to the OWNER Five (5) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders, and the General Conditions (paragraph 6.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 6) and Supplementary Conditions (paragraphs SC-6.03 and SC-6.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK # __________ PO Box 1230  Bozeman, MT 59771-1230 (406) 582-2334 PAY TO: Date Paid: TOTAL $ ________________ VENDOR # ________________ DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. _ DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: _________ I, the undersigned, do solemnly swear, that I am of . _ _ OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS# or Tax ID# ____________ Business License # ___ ________ THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Order to Contractor to Resume Work – Page 1 of 1 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated , directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective . Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 . Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Order to Contractor to Suspend Work – Page 1 of 1 R:\CIP Projects\STREETS\Street Improvements 2026\SPECIFICATIONS\17-suspend_wrk.doc 1/26/26 ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on . You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions, Articles 11 and 16 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EJCDC® C-625, Certificate of Substantial Completion. Copyright©2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: Owner’s Project No.: Engineer: Engineer’s Project No.: Contractor:Contractor’s Project No.: Project: Contract Name: This Preliminary Final Certificate of Substantial Completion applies to: All Work The following specified portions of the Work: __________________________________________________________________________________ __________________________________________________________________________________ Date of Substantial Completion: ________________________________________ The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all- inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work must be as provided in the Contract, except as amended as follows: Amendments to Owner’s Responsibilities: None As follows: __________________________________________________________________________________ Amendments to Contractor’s Responsibilities: None As follows: __________________________________________________________________________________ The following documents are attached to and made a 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. Engineer By (signature): Name (printed): Title: Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2025 Effective July 1, 2025 Note: These are revised 2025 rates and supersede the rates that were published on January 11, 2025 Greg Gianforte, Governor State of Montana Sarah Swanson, Commissioner Department of Labor & Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ESD at erd.dli.mt.gov/labor-standards or contact: Employment Standards Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59604 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 erd.dli.mt.gov/labor-standards 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 erd.dli.mt.gov/labor-standards or contact the department at (406) 444-6543. SARAH SWANSON Commissioner Department of Labor and Industry State of Montana Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A.Date of Publication ……………………………………………………………………………………………………………………………………………….……. 3 B.Definition of Heavy Construction …………………………………………………………………………………………………………………..…............. 3 C.Definition of Public Works Contract ………………………………………………………………………………………………………………………….... 3 D.Prevailing Wage Schedule ……………………………………………………………………………………………………………………………….………… 3 E.Rates to Use for Projects ………………………………………………………………………………………………………………………………..…………… 3 F.Wage Rate Adjustments for Multiyear Contracts ……………………………………………………………………………………………….………… 3 G.Fringe Benefits ……………………………………………………………………………………………………………………………………………………………. 4 H.Dispatch City ………………………………………………………………………………………………………………………………………………………….……. 4 I.Zone Pay …………………………………………………………………………………………………………………………………………………………………….. 4 J.Computing Travel Benefits ……………………………………………………………………………………………………………….………………………… 4 K.Per Diem …………………………………………………………………………………………………………………………………………………………………….. 4 L.Apprentices ………………………………………………………………………………………………………………………………………..……………………….. 4 M.Posting Notice of Prevailing Wages ……………………………………………………………………………………………………………………………. 5 N.Employment Preference …………………………………………………………………………………………………………….…………………………....... 5 O.Projects of a Mixed Nature ............................................................................................................................................................ 5 P.Occupations Definitions Website ................................................................................................................................................... 5 Q.Welder Rates ……………………………………………………………………………………………………………………………………………………………. 5 R.Foreman Rates …………………………………………………………………………………………………………………………………………………..……. 5 S Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants ……………..… 5 BOILERMAKERS ……………………………………………………………………………………………………………………………………………..………………….. 6 BRICK, BLOCK, AND STONE MASONS ……………………………………………………………………………………….......................................... 6 CARPENTERS …………………………………………………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS …………………………………………………………………………………………………………… 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ………………………………………………………………………………………………………….............................................. 7 OPERATORS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 7 OPERATORS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 5 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 6 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 7 ………………………………………………………………………………………………………………………………………………….. 9 CONSTRUCTION LABORERS LABORERS GROUP 1 ………………………………………………………………………………………………………………………………………………….. 9 LABORERS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 9 LABORERS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 10 LABORERS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 10 DIVERS ………………………………………………………………………………………………………………………………………………………………………………. 10 DIVER TENDERS ……………………………………………………………………………………………………………………………………………………………….. 11 ELECTRICIANS …………………………………………......................................................................................................................................... 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) ………………………………………………………………............................ 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS …………………………………………………………………………………. 12 LINE CONSTRUCTION EQUIPMENT OPERATORS …………………………………………………………………………………..........…………………………………………………. 12 GROUNDMAN ………………………………………………………………………………………………...........……………………………………………………….. 12 LINEMAN ……………………………………………………………………………………………...........………………………………………………………………….. 12 MILLWRIGHTS …………………………………………………………………………………………………………………………………………………………………….. 13 PAINTERS ……………………………………………………………………………..............….......................................................................................... 13 PILE BUCKS ……………………………………………………………………………………………………………………………………………………………………….. 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS …………………………………………………………………………………………………………… 13 SPRINKLERFITTERS …………………………………………………………………………………………………………………............................................... 14 TRUCK DRIVERS ..................................................................................................................................................................................... 14 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 3 A.Date of Publication January 13, 2025 B.Definition of Heavy Construction The Administrative Rules of Montana (ARM), 24.17.501(4) – (4)(b), states “Heavy construction projects include, but are not limited to, those projects that are not properly classified as either ‘building construction’, or ‘highway construction.’ Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipe lines, ponds, pumping stations (prefabricated drop-in units – not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells.” C.Definition of Public Works Contract Section 18-2-401(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 Heavy Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Highway Construction and Nonconstruction Services occupations can be found on the internet at https://erd.dli.mt.gov/labor-standards/state-prevailing-wage-rates/ 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 ContractsSection 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: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 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, Miles City, Missoula and Sidney.” I.Zone Pay Zone pay is not travel pay. ARM, 24.17.103(25), 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(23), 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(19), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem ispaid when an employee is required to work at a location outside the daily commuting distance and is required to stay atthat 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 registeredin 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: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 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 andaccessible 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 18-2-418, 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 DefinitionsYou 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. S. Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants The proper classification for the following work is Pipefitter, when it is performed inside a building structure or performed at a location which will later be inside of a building: Joining steel pipe larger than 12 inches in diameter with bolted flange connections that has been pre-fabricated off site and does not require any modification such as cutting, grinding, welding, or other fabrication in order to be installed. All other work previously classified as pipefitter remains in that classification. The proper classification for that work when it is at a location that will always beoutside a building is Pipelayer, which is under the Laborer Group 3 classification. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 6 WAGE RATES BOILERMAKERS Wage Benefit $35.30 $34.00 Duties Include: Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Travel and Per Diem: No travel or per diem established. ↑ Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit $32.32 $16.78 Travel: 0-70 mi. free zone >70-90 mi. $60.00/day>90 mi. $80.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit $36.49 $17.45 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 $38.54 $17.04 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. ↑ Back to Table of Contents Zone Pay: 0-30 mi free zone 30-60 mi base pay+2.95/hr. >60 mi base pay+4.75/hr. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $31.51 $15.73 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, Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Per Diem: 0-75 mi free zone >75 mi $70/day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $32.88 $15.15 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 Per Diem: 0-75 mi free zone >75 mi $70/day ↑ Back to Table of Contents Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $38.00 $16.35 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 Haul Truck, Articulating Trucks, Vac Truck. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $38.00 $16.35 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. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $38.00 $16.35 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $40.00 $16.35 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 9 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $42.00 $16.35 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. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $23.08 $11.82 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $26.15 $13.44 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: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 10 CONSTRUCTION LABORERS GROUP 3 Wage Benefit $26.07 $13.44 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: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit $26.76 $11.82 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: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. ↑ Back to Table of Contents DIVERS Stand-By No Rate Established Diving No Rate Established Zone Pay: No Zone Pay Established ↑ Back to Table of Contents Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 11 Zone Pay: No Zone Pay Established DIVER TENDERS No Rate Established ↑ Back to Table of Contents ELECTRICIANS Wage Benefit $38.86 $17.84 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. Per Diem District 4 >60 mi. $80.00/day Per Diem in Big Sky and West Yellowstone $125/day. ↑ Back to Table of Contents INSULATION WORKERS - MECHANICAL (HEAT AND FROST) No Rate Established Duties Include: Insulate pipes, ductwork or other mechanical systems. Travel: No Travel Pay Established ↑ Back to Table of Contents Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 12 IRONWORKERS – REINFORCING IRON AND REBAR WORKERS Wage Benefit $34.83 $28.07 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: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day ↑ Back to Table of Contents IRONWORKERS – STRUCTURAL IRON AND STEEL WORKERS Wage Benefit $34.83 $28.07 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: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day LINE CONSTRUCTION – EQUIPMENT OPERATORS No Rate Established Duties Include: All work on substations Travel: No Travel Pay Established ↑ Back to Table of Contents LINE CONSTRUCTION – GROUNDMAN Wage Benefit $29.09 $8.36 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – LINEMAN Benefit $18.75 Travel: No Free Zone $60.00/day Wage $52.11 Duties Include: All work on substations ↑ Back to Table of Contents Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 13 MILLWRIGHTS Wage Benefit $45.26 $21.25 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 $25.00 No Rate Established Travel and Per Diem: No travel or per diem established. 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 PILE BUCKS Wage Benefit $36.49 $14.33 Travel: District 4 0-70 free zone >70 mi. On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn’t provide transportation. Not to exceed two trips. On jobs when employees work any number of consecutive days: $110.00/day. 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. ↑ Back to Table of Contents PLUMBERS, PIPEFITTERS, AND STEAMFITTERS $45.60 $21.26 Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro- commissioning. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. ↑ Back to Table of Contents Wage Benefit Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 14 SPRINKLER FITTERS No Rate Established Duties Include: Duties Include but not limited to any and all fire protection systems: Installation, dismantling, inspection, testing, maintenance, repairs, adjustments, and corrections of all fire protection and fire control systems, including both overhead and underground water mains, all piping, fire hydrants, standpipes, air lines, tanks, and pumps used in connection with sprinkler and alarm systems. Travel The following travel allowance is applicable when traveling in employee’s vehicle. 0-60 mi. free zone >60-80 mi. $23.00/day>80-100 mi. $33.00/day >100 mi. $125.00/day + the IRS rate per mile and $8.92 for every 15 miles traveled for one trip outand one trip back No travel allowance required when in employer’s vehicle except when staying the night. >100 mi. $125.00/day ↑ Back to Table of Contents TRUCK DRIVERS Pilot Car Driver No Rate Established Wage Benefit Truck Driver $31.28 $9.37 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 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + .$4.85/hr. Special Provision: Zone pay only applies to the Truck Driver classification. No zone pay was established for Pilot Car Driver. ↑ Back to Table of Contents Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 1 SPECIAL PROVISIONS Table of Contents PART 1 – GENERAL PART 2 – PRE-CONSTRUCTION REQUIREMENTS PART 3 – TRAFFIC CONTROL & PUBLIC NOTIFICAITON PART 4 – REQUIREMENTS DURING CONSTRUCTION PART 5 - WATER PART 6 - TEMPORARY WATER SYSTEMS PART 7 – SEWER PART 8 – ROADWORK, SIGNAGE, STRIPING PART 9 – BACKFILL & RESTORATION PART 10 – MATERIALS TESTING, INSPECTION & SURVEY PART 11 – DELAYS, SCHEDULING, AND CONTRACT TIME PART 12 – ASBESTOS Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 2 PART 1 - GENERAL 1.01 PROJECT DESRIPTION The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies, and services necessary for the construction of street improvements in the City of Bozeman, including: cold milling and hot mix overlays, seal coating (chip seals), friction sealing, pedestrian ramps, and pavement marking replacements. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Seventh Edition (MPWSS), 7th Edition, and as further modified by the City of Bozeman Modifications to MPWSS, 7th Edition, which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 1.02 SCOPE OF WORK Schedule 1 consists of cold milling and hot mix overlays of various streets as shown on the construction drawings Schedule 2 consists of asphalt friction sealing on various streets as shown on the construction drawings. Schedule 3 consists of asphalt chip sealing (seal coat) on various streets as shown on the construction drawings. Schedule 4 consists of sidewalk and pedestrian ramp improvements as shown in the construction drwaings. Schedule 5 consists of curb extensions and ADA improvements on East Babcock Street. Schedule 6 consists of pavement markings and sign installation on various streets as shown on the construction drawings. Additive alternate #1 consists of traffic calming additions as described in the measurement and payment section of the contract 1.03 AWARD OF CONTRACT If the contract is awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all Bid Schedules on a unit price basis Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 3 for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner’s sole and absolute judgment, will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined (Schedule 1 thru 6) Bid. The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder who’s Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded a contract. 1.04 TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. A separate notice to proceed may be issued for each separate or combined bid schedule. If the contractor is working on multiple schedules of work at the same time, these contract times shall run concurrently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically after the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 1.05 LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damages as described in the contract agreement. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 1.06 COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 4 1.07 NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 1.08 APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner. 1.09 BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors The Contractor shall employ a qualified, competent superintendent who shall be present at the project site at all times whenever work is being performed and who shall supervise and direct all work being performed by the Contractor, Subcontractors, and their respective agents and employees to ensure that the work is being carried out in accordance with the contract documents. The superintendent shall be a regular employee of the Contractor and shall have been so for at least 30 days prior to work on this project. The Contractor shall designate, in writing, the name, scope, and authority of the superintendent before the Work begins. Failure of the Contractor to have a designated superintendent at the project site as required by this paragraph shall constitute a material breach of this Contract, and shall further constitute grounds for suspension of all work until the Contractor has fully complied with the requirements of this paragraph. Any such suspension shall be considered an inexcusable delay by the Contractor, and may serve as grounds for termination for default at the election of the Owner. The contractor shall have experience completing projects of a similar nature including size, complexity, quantity, and materials to the work to be performed under this contract. Upon notification of being the apparent low bidder the Contractor shall provide evidence to the Owner that Contractor meets the Bidder’s Qualifications within 15 days of being noticed as the apparent low bidder. The evidence shall include: • List of successfully completed projects, in the last three years of a similar nature with relevant project details including total cost, total linear footage of street and utility improvements completed, Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 5 key material types like pipe diameter and sizes installed, excavation and paving methods implemented, and references including contact information for project owners. • Provide resumes of proposed key project team members including project managers, and superintendents that will be managing project construction. • List of subcontractors, scopes of work they will complete, and work qualifications with references. • Proof of finances, organization and equipment to complete the work. • Confirm that bidder, as a contractor, has never failed to satisfactorily complete a contract awarded to him, except as follows (name any and all exceptions and reasons thereof). 1.10 WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. PART 2 – PRE-CONSTRUCTION REQUIREMENTS 2.01 SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted monthly with pay requests. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 2.02 PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held at the City Engineer’s Office, 20 E. Olive Street, for the purpose of discussing requirements on Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 6 such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 2.03 SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 2.04 UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility locate information. The Contractor is responsible for contacting the One-call system prior to any excavation. 2.05 EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 2.06 DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 7 The Contractor is responsible for proper disposal of all waste soils, materials, and slurries unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The contiguous area of each location in this project is less than 1.0 acres in area and therefore a storm water pollution prevention plan (SWPPP) is not required. The contractor will be required to obtain a City stormwater permit from the Stormwater Department prior to beginning any construction activities. The Contractor shall exercise all reasonable precautions throughout the life of the project to prevent pollution or siltation of the city stormwater system, rivers, streams or impoundments. Pollutants such as chemicals, slurries, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into the city stormwater system or into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Montana DEQ, Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Quality Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. All debris or waste materials shall be cleaned up by the end of the work day. 2.07 INSURNACE Insurance coverage required under this contract shall extend, at a minimum, as specified in Paragraph 6.02, 6.03, and 6.04 of the General Conditions as modified by the Supplementary Conditions. PART 3 – TRAFFIC CONTROL & PUBLIC NOTIFICAITON 3.01 TRAFFIC CONTROL A. General. The Contractor shall, at all times, conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 8 Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets, roads or highways or require night-time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic Control Devices. In regards to closures, the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. Traffic control on collector and arterial streets shall maintain traffic in both directions at all times during construction unless written permission is granted by the City Engineer. Traffic control that is reduced to one available travel lane will be restricted to certain hours of operation and be subject to a maximum duration. Hours of operation and duration shall be determined by the City Engineer in accordance with the TRAFFIC CONTROL PLAN. Flaggers or temporary signals may be used to reduce traffic control to one lane of traffic. Trench plating or temporary signals may be required outside of working hours to maintain two-way traffic. B. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. Towing of parked vehicles, if necessary, shall be the responsibility of the Contractor. C. Removal of On Street Parking. During friction sealing, chip sealing, and mill/overlay operations, it will be necessary to remove on street parking to complete the work. The contractor must follow the procedure described below whenever removal of on street parking is proposed: 1. The contractor shall place a door hanger on every effected property between 1 week and 2 weeks prior to the start of construction. The door hanger shall read as follows for chip seal work: “Notification of Upcoming Street Maintenance Work. Chip seal work will be taking place on the street adjacent to your property within the next two weeks. Temporary “No Parking” signs will be installed between 24 hours and 48 hours prior to the start of construction. No vehicles will be permitted to park on the street while the “No Parking” signs are in place. This work is scheduled to last three days (1 day for chip sealing & 2 days for cleanup). Streets will be closed to thru traffic when the work is actively occurring. Please contact (insert general contractor contact information) for additional information.” Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 9 The streets effected by mill/overlay work shall receive a similar door hanger; however, the timeline of work activities shall be modified as needed. 2. The contractor shall install temporary “No Parking” signs between 24 and 48 hours prior to the start of construction. The signs shall be installed for a maximum of four calendar days from the time they are placed until the time they are removed. If the contractor cannot complete the work within that timeframe, the signs must be removed and reinstalled when the work is able to be completed. The signs shall read as follows: NO PARKING 7AM – 7PM FOR STREET MAINTENANCE WORK CONTACT (insert contractor information) FOR ADDITIONAL INFORMATION East Babcock Street TRAFFIC CONTROL The Contractor shall coordinate road closures on East Babcock Street so that no conflict exists with scheduled special event closures on Main Street. The project engineer shall provide the Contractor with a list of special events and approve the timing of all traffic impacts. Both lanes of traffic on East Babcock Street must remain open during special event closures of Main Street. In addition, the Contractor must limit traffic impacts on East Babcock Street as follows: • A full closure of East Babcock Street will be allowed for milling and asphalt overlay work. • East Babcock Street and associated side streets must be re-opened when no work is taking place. This will include reopening the streets after milling has concluded, overnight, and after adequate asphalt cooling time has been met. • A full closure of East Babcock Street will be allowed for storm drain utility installation at the intersection of Babcock and South Black Avenue, as shown on Sheet “SD1.” This full closure must be limited to three calendar days. • Storm drain utility trenches in East Babcock Street shall be backfilled with flowable fill. The flowable fill shall be placed to finish grade asphalt and the contractor shall add cement to the top 3-inches of flowable fill. Once the flow fill has cured, the contractor shall open the street to traffic. This work must be completed prior to milling operations. • A single lane closure on East Babcock Street will be allowed for curb extension work, as shown on sheets “ST1-ST3.” • The Contractor shall work on only one side of East Babcock Street at a time, to allow for pedestrian access. N 15th Avenue TRAFFIC CONTROL • A full closure will be allowed for milling and asphalt overlay work on North 15th Avenue • North 15th Avenue and associated side streets must be re-opened when no work is taking Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 10 place. This will include reopening the streets after milling has concluded, overnight, and after adequate asphalt cooling time has been met. • No closures on N 15th Avenue will be allowed between 7am and 9am or between 4pm and 6pm in the following locations o N 15th Avenue between Durston and Jessie Way • Contractor shall communicate with adjacent residents and businesses to coordinate access and notify of road closures according to the special provisions. • ADA ramp work on N 15th Avenue must be limited to one side of the street at a time to allow for pedestrian access. D. Warning Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. E. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street Department and the Montana Department of Transportation when working in or near a signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street Department and the Montana Department of Transportation. F. Work Methods. 1. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered. The Contractor shall keep a log of all inspections. 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property, the Owner Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 11 may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet “Instructions to Flagpersons” published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary, pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the Owner and to adjacent property owners and to minimize interruptions to utility service and through traffic. The Contractor shall maintain vehicular access to local businesses at all times. Work shall be scheduled so as to minimize disruptions to local mail and freight delivery. The Contractor shall maintain vehicular access to residences able to be used after each shift. 8. Street closures shall be closures to through traffic with local traffic allowed. Provide channelization, flaggers, or other measures necessary to allow the safe passage of local vehicles to access residences that are within the work zone but not blocked by construction. Notify all residents at least 24 hours in advance of any access restrictions for individual approach or street closures. Schedule work such that individual approach closures last no more than a single shift. 9. The Contractor shall utilize whatever means he deems necessary to allow traffic on driveway curbs and aprons a maximum of 10 days after they are poured unless approval is specifically granted by the homeowner to leave them closed for a longer period of time. The Contractor will be responsible for any cracking or broken sidewalk that may result from use of the driveways. 10. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. 3.02 NOTIFICATIONS The Contractor shall coordinate all of the Contractor’s construction activities to minimize conflicts at the work site, off-site events, or other construction projects nearby. The Contractor shall notify all affected residents and businesses, the Bozeman Police, Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service, and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition, all Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SPECIAL PROVISIONS 12 businesses affected by a street closure shall be given seven (7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site. Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local news media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. PART 4 – REQUIREMENTS DURING CONSTRUCTION 4.01 PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 4.02 MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builder’s paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 4.03 OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 4.04 SALVAGEABLE ITEMS Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 13 - Special Provisions 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. 4.05 ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 4.06 PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS Prior to initiation of any excavation or removal of existing curb and gutter, the Contractor shall cut all tree roots at the back limits of excavation with a Vermeer root cutter or other similar machine capable of cutting the roots in a neat clean, fashion from existing ground to subgrade elevation. Indiscriminate ripping of tree roots will not be permitted. The method and equipment to be used shall be submitted to the Engineer for approval prior to the start of work. In addition, the Contractor shall take special care when working around trees to avoid any unnecessary damage to the branches or the trunks of trees. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment. The contractor shall meet with the City forester prior to beginning construction activity to discuss boulevard tree trimming. All tree trimming is the responsibility of the City forestry department. The contractor shall be expected to provide reasonable access to forestry before and during construction to trim trees as needed. When boulevard tree roots are left exposed due to construction activity, the contractor must cover the roots with topsoil or an erosion control blanket to prevent damage to the roots. Tree roots must be protected in this manner whenever the exposure is anticipated to last more than 2 calendar days. The contractor shall take extra care when working around boulevard trees. A general rule for this project shall be maintaining a 5-foot radius “no dig zone” around boulevard trees when excavating for deep buried utilities (water and sewer). The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 4.07 CONSTRUCTION TRAFFIC ROUTES To the greatest extent possible, the Contractor shall utilize the arterial and collector streets in the area for access to and from the site. This includes general construction traffic in addition to the transport of equipment and materials to and from the site. The Contractor shall receive prior approval from the Engineer in order to use any local residential streets for a short term construction traffic route. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 14 - Special Provisions 4.08 CONSTRUCTION OF CURB RAMPS PRIOR TO PAVING The Contractor shall complete installation of concrete curb ramps and curb extensions per sheets S1, S2, S3, ST1, ST2 and ST3 prior to commencement of paving each respective street. PART 8 – ROADWORK, SIGNAGE, STRIPING 8.04 PAVEMENT MARKINGS Pavement markings shall be replaced following paving and sealing operations. Epoxy markings shall be installed in accordance with Section 620 of “Standard Specifications for Road and Bridge Construction”, Latest Edition, adopted by the Montana Department of Transportation (reproduced herein). No interim markings shall be required. Apply epoxy pavement markings a minimum of 10 days and a maximum of 30 days after new pavement is placed. Apply epoxy pavement markings a minimum of 14 days and a maximum of 30 days after friction sealing is placed. Apply inlaid thermoplastic markings a minimum of 10 days and a maximum of 30 days after either paving or friction sealing is placed. The Contractor shall provide temporary marking tabs on lane lines at approximate 100’ intervals. Pavement Markings 1.1. Graded Glass Beads: 1.1.1. The material must contain a minimum of thirty percent (30%) intermixed graded glass beads by weight. The intermixed beads shall be clear and transparent. Not more than twenty percent (20%) consists of irregular fused spheroids, or silica. The index of refraction shall not be less than 1.50. 1.1.2. The material must have factory applied coated surface beads and abrasives in addition to the intermixed beads at a rate of 1/2 lb. (± 20%) per 11 sq. ft. The surface beads and abrasives must be applied in an alternating arrangement across the surface of the material so that the surface is covered in what is best described as a “checkerboard” pattern of glass beads and abrasive materials. The abrasive material must have a minimum hardness of 7 (Mohs scale). These factory applied coated surface beads shall have the following specifications: Minimum 80% rounds 3) Minimum SiO2 Content of 70%; Minimum refractive index of 1.5 4) Maximum iron content of 0.1%; Size Gradation Retained, % Passing, % Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 15 - Special Provisions US Mesh Um 12 1700 0 – 2% 98 – 100% 14 1400 0 – 6% 94 – 100% 16 1180 1 – 21% 79 – 99% 18 1000 28 – 62% 38 – 72% 20 850 62 – 71% 29 – 38% 30 600 67 – 77% 23 – 33% 50 300 86 – 95% 5 – 14% 80 200 97-100% 0 – 3% 3.2. Pigments: 3.2.1. White: The material shall be manufactured with sufficient titanium dioxide pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. 3.2.2. Red, Blue, and Yellow: The material shall be manufactured with sufficient pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. The yellow pigments must be organic and must be heavy-metal free. 3.2.3. Other Colors: The pigments must be heavy-metal free. 1.2. Heating indicators: The top surface of the material (same side as the factory applied surface beads) shall have regularly spaced indents. These indents shall act as a visual cue during application that the material has reached a molten state so satisfactory adhesion and proper bead embedment has been achieved and a post-application visual cue that the installation procedures have been followed. 1.3. Skid Resistance: The surface of the preformed thermoplastic material shall contain factory applied non-skid material with a minimum hardness of 7 (Mohs scale). Upon application the material shall provide a minimum skid resistance value of 60 BPN when tested according to ASTM E 303 1.4. Thickness: The material must be supplied at a minimum thickness 125 mils (3.15 mm). Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 16 - Special Provisions 1.5. Retroreflectivity: The preformed retroreflective marking materials upon application shall exhibit adequate and uniform nighttime retroreflectivity. The marking materials shall have the following retroreflectivity as measured using a Delta LTL 2000 or LTL-X Retroreflectometer: White preformed reflective marking materials–minimum of 275 mcd·m-2·lx-1 Note: Initial retroreflection and skid resistance are affected by the amount of heat applied during installation. When ambient temperatures are such that greater amounts of heat are required for proper installation, initial retroreflection and skid resistance levels may be affected. 1.6. Environmental Resistance: The material must be resistant to deterioration due to exposure to sunlight, water, salt or adverse weather conditions and impervious to oil and gasoline. 1.7. Abrasives: The abrasives and surface beads must be applied in an alternating arrangement across the surface of the material so that the surface is covered in what is best described as a “checkerboard” pattern of glass beads and abrasive materials. The abrasive material must have a minimum hardness of 7 (Mohs scale). 2. APPLICATION: 2.1. Asphalt: The materials shall be applied using the propane torch method recommended by the manufacturer. The material must be able to be applied without minimum requirements for ambient and road temperatures and without any preheating of the pavement to a specific temperature. The material must be able to be applied without the use of a thermometer. The pavement shall be clean, dry and free of debris. Supplier must enclose application instructions with each box/package. 2.2. Portland Concrete: The same application procedure shall be used as described under Section 4.1. However, a compatible primer sealer may be applied before application to assure proper adhesion. 3. PACKAGING: The preformed thermoplastic markings shall be placed in protective plastic film with cardboard stiffeners where necessary to prevent damage in transit. Linear material must be cut to a maximum of 3′ long pieces. Legends and symbols must also be supplied in flat pieces. The cartons in which packed shall be non- returnable and shall not exceed 40″ in length and 25″ in width, and be labeled for ease of identification. The weight of the individual carton must not exceed seventy (70) pounds. A protective film around the box must be applied in order to protect the material from rain or premature aging. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 17 - Special Provisions 4. TECHNICAL SERVICES: The successful bidder shall provide technical services as required. 8.05 SIGNS Reflective sheeting for signs shall be Type IV (“High Intensity Prismatic”) or better. Florescent yellow green backgrounds shall be used for any pedestrian or school crossing signs. No separate measurement and payment shall be made for signs proposed to be re-used, re-set, or removed; the cost of such work shall be included in other bid items. Signs damaged during re-mounting or re- setting shall be repaired or replaced by the Contractor. Salvage sign faces removed to the Sign Department, 814 N. Bozeman Avenue. Properly dispose of any sign supports and foundation material that are removed. 1.1 DESCRIPTION A. This section is furnishing, fabrication, installation and the removing and resetting of signs in accordance with these and other specifications, the Standard Drawings, and in the location as shown on the plans or as directed by the Engineer. 1.2 REFERENCES MUTCD Manual on Uniform Traffic Control Devices 1.3 STANDARD DRAWINGS Standard Drawings in Appendix C applicable to this section are as follows: City of Bozeman Standard Drawing No. 09810-1, Sign Installation Standards City of Bozeman Standard Drawing No. 09810-2, Dead End Barricade City of Bozeman Standard Drawing No. 09810-3, Standard Street Marker Sign Location 1.4 DEFINITIONS A. The following definitions define the signing work to be done when the respective terms are used in the Contract. 1. NEW Signs designated "New" are to be furnished new and erected at the locations specified. 2. REUSE Signs designated "Reuse" are to be removed from the existing post or posts and remounted on a new post or posts at the locations specified. 3. REPLACE Signs designated "Replace" are to be removed and replaced with the specified "New" standard signs, including new post or posts, at the existing or specified new locations. 4. RESET Signs designated "Reset" are to be removed and reset at the locations specified using the existing sign faces and supports. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 18 - Special Provisions 5. REMOVE Signs designated "Remove" are to be removed, to include the sign or sign assembly and sign supports. PRODUCTS 2.1 POSTS A. Use 2" perforated square tube 14 gauge galvanized steel posts for all sign posts unless otherwise specified on the plans. Use Telspar or approved equal sign posts. Anchor posts as shown on Standard Drawing 09810-1. 2.4 SIGN POST FOUNDATION SLEEVES A. Furnish 2¼” non-perforated 12 gauge galvanized steel square tube foundation sleeves for all sign posts. Use “Telspar Quik Punch” or approved equal. Install sleeves in concrete anchor as shown on Standard Drawing 09810-1. 2.5 REFLECTIVE SHEETING A. Reflective sheeting for signs shall be Type IV (“High Intensity Prismatic”) or better. EXECUTION 3.1 SIGN INSTALLATION A. Assure that all signs are installed according to MUTCD Standards. Locate signs where shown on the plans or as directed by the Engineer. Assure that signs are installed plumb, at the correct height, and with the edge of the sign a minimum of two feet from the face of the curb or edge of pavement. 3.2 SIGN REMOVAL OR REPLACEMENT A. As directed by the Engineer, salvage existing signs designated to be removed or replaced to the site specified by the City of Bozeman. Properly dispose of all signs designated for removal or replacement which have not been designated for salvage. 8.06 COLD MILLING Cold milling shall be done in accordance with Section 411, “Standard Specifications for Road and Bridge Construction”, Latest Edition, adopted by the Montana Department of Transportation. All millings generated by this project shall be disposed of offsite by the contractor. The City will not accept millings. Disposal of millings shall be incidental to the completion of the contract. 8.07 FRICTION SEALING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 19 - Special Provisions Friction Sealing under this contract shall follow the attached specifications: “STANDARD SPECIFICATIONS FOR ASPHALT SURFACE MAINTEANANCE – GSB-88- Heavy for Roadways” The Contractor shall inspect the roadways to be friction sealed prior to construction and determine the appropriate application rate for each street. The Contractor shall submit proposed application rates for each street to the owner prior to construction. The Owner shall make the final determination on the application rate to be applied under the contract. 8.08 DECORATIVE STAMPED CONCRETE Description. Construct 4-inch-thick pigment-dyed patterned and colored sidewalk at the locations specified in the contract. Construct in accordance with the applicable sections of MPWSS. Use only integral colors. No staining of concrete is allowed. Materials. 1. Standard sidewalk in accordance with MPWSS Specification 02529. 2. Use sorrento red for the pigment color and a conventional brick pattern. 3. Concrete Cure and Seal. Furnish a clear sealer for curing and finishing meeting color manufacturer's recommendations. 4. Joint Sealant. Furnish a clear joint sealant for all control joints or non-decorative joints meeting color manufacturer's recommendations. Construction. 1. Color and texture concrete following the professional standards of the manufacturer and the American Concrete Institute. 2. Pattern the concrete utilizing a brick style pattern and having decorative joints with a maximum depth of 1/2". Decorative joints do not require sealant. Coordinate locations of control joints with the adjacent gray sidewalk and curb, as applicable. 3. Submit the following to the Project Manager for approval at least 30 calendar days prior to concrete construction: a. Color and pattern samples b. A list of all materials to be used in the construction of the colored concrete and the manufacturer's specifications and recommendations for use of materials. c. A descriptive procedure for how the colored, patterned concrete will be constructed, explaining the jointing pattern. d. Documentation that all materials are compatible and will not cause unsightly discoloration or other PART 9 – BACKFILL & RESTORATION Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 20 - Special Provisions 9.02 FLOWABLE (NONSHRINK) BACKFILL Flowable backfill shall be used for all storm drain backfill in East Babcock Street as shown on sheet “SD1.” Flowable fill shall be placed from the top of pipe bedding to finish grade asphalt. Contractor shall add cement to the top 3” of flowable fill to create a stronger drivable surface until milling occurs. All flowable (nonshrink) backfill shall meet the following MDOT specifications: E. Flowable Fill. Flowable fill is a mixture of portland cement, fly ash, fine aggregate, air entraining admixture and water. Flowable fill contains a low cementitious content for reduced strength development. Submit a mix design for approval. No compressive strength testing is required for the mix design. Table 551-1 has the suggested mix guides for excavatable and non-excavatable flowable fill. TABLE 551-1 FLOWABLE FILL MIX DESIGN GUIDE MATERIALS EXCAVATABLE NON-EXCAVATBLE Cement, Type I or II 75.6-102.6 lb/yd3 (45-60 kg/m3) 75.6-151.2 lb/yd3 (45-90 kg/m3) Fly Ash None 151.2-596.7 lb/yd3 (90-355 kg/m3) Water Mix designs must produce a consistency that results in a flowable, self-leveling product at time of replacement. Mix designs must produce a consistency that results in a flowable, self-leveling product at time of replacement. Air 5% to 35% 5% to 15% Unit Weight (Wet) 2,430-2,970 lb/yd3 (1,440-1,760 kg/m3) 2,700-3,375 lb/yd3 (1,600-2,000 kg/m3) Furnish fine aggregate meeting Subsection 701.01.1 requirements. The fine aggregate has no fineness modulus requirement. High air generators or foaming agents may be used in lieu of conventional air entraining admixtures and may be added at the jobsite and mixed in accordance with the manufacturers recommendation. The requirements for percent air, compressive strength and unit weight are for laboratory designs only and are not intended for jobsite acceptance requirements. Proportion fine aggregate to yield 1 cubic yard (1 cubic meter). 9.03 USE OF REMOVED ASPHALT PAVEMENT Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 21 - Special Provisions Asphalt concrete pavement removed during trenching operations may be used as backfill material in areas with Type A backfill if mechanically processed to 4” minus size with a cold planer, rotomill, or similar equipment and mixed at no more than a 50/50 ratio with other backfill material. Asphalt concrete pavement removed during trenching operations may be used as pavement base course material if mechanically processed with a cold planer, rotomill, or similar equipment to meet the gradation requirements of the base course and mixed at no more than a 50/50 ratio with other base course material. 9.04 TRENCH RESTORATION A. Trench restoration for this project is limited to backfilling proposed storm drain pipe in East Babcock Street. Contractor shall import 1.5” minus road base for trench backfill from the top of the pipe bedding to bottom of asphalt. This work shall be incidental to the pipe installation. 9.05 LANDSCAPING RESTORATION CONTRACTOR shall be responsible for the restoration of any and all landscape features disturbed during construction. All landscaping disturbed by construction activities must be restored to a condition equal to or better than the conditions existing prior to construction as judged by the ENGINEER. The CONTRACTOR shall be required to stockpile and replace all topsoil and irrigation systems disturbed by construction. All seeding shall be complete in accordance with Section 02920 Hydraulic Seeding of the Montana Public Works Standard Specifications (MPWSS), Seventh Edition, April 2021 as modified/supplemented below. Seeding shall cover all disturbed areas within the project limits that will not be finished with hard surface improvements. Dryland Seed Mix. All seed mixes to be pure live seed. Binder: Enviorn-Mend Binder, 150 lbs/ac. Add slowly to tank to avoid clumping. Mulch: Tensar Hydramax Hydra GT, 1,700 lbs/ac. 50 lbs/ac Annual Rye Grass 24 lbs/ac Sheep Fescue, Covar 24 lbs/ac Canada Blue Grass, Reubens 12 lbs/ac Sandberg Blue Grass 12 lbs/ac Hard Fescue 4 lbs/ac White Dutch Clover Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations. Protect adjacent and adjoining areas from hydroseeding overspray. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 22 - Special Provisions Limit lawn subgrade preparation to areas to be planted. Newly Graded Subgrades: Loosen subgrade to a minimum depth of 6 inches. Remove stones larger than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. Unchanged Subgrades: If lawns are to be planted in areas unaltered or undisturbed by excavating, grading, or surface soil stripping operations, prepare surface soil as follows: Remove existing grass, vegetation, and turf. Do not mix into surface soil. Loosen surface soil to a depth of at least of 6 inches. Apply soil amendments and fertilizers according to planting soil mix proportions and mix thoroughly into top 3 inches of soil. Till soil to a homogeneous mixture of fine texture. Remove stones larger than 1 inch in any dimension and sticks, roots, trash, and other extraneous matter. Legally dispose of waste material, including grass, vegetation, and turf, off Owner's property. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus 1/2 inch of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted in the immediate future. Restore areas if eroded or otherwise disturbed after finish grading and before planting. Hydroseeding: Mix specified seed, binder, and fiber mulch in water, using equipment specifically designed for hydroseed application. Continue mixing until uniformly blended into homogeneous slurry suitable for hydraulic application. Mix slurry with non-asphaltic tackifier. Apply slurry uniformly to all areas to be seeded in a one-step process. Apply mulch at a minimum rate of 1700 pounds/acre dry weight but not less than the rate required to obtain specified seed-sowing rate. Apply slurry uniformly to all areas to be seeded in a two-step process. Apply first slurry application at a minimum rate of 500 pounds/acre dry weight but not less than the rate required to obtain specified seed-sowing rate. Apply slurry cover coat of fiber mulch at a rate of 1000 pounds/acre. Satisfactory Seeded Lawn: At end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. ft. (0.92 sq. m) and bare spots not exceeding 5 by 5 inches. B. Reestablish lawns that do not comply with requirements and continue maintenance until lawns are satisfactory. PART 10 – MATERIALS TESTING, INSPECTION & SURVEY 10.01 ENGINEERING MATERIALS TESTING AND CONTROL TESTING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 23 - Special Provisions A. The Contractor shall be responsible for testing including, but not necessarily limited to: 1. Portland Cement concrete and asphaltic concrete pavement mix deigns. 2. Installed sewer and storm drainage pipe shall be video inspected by the city water and sewer department. B. Neither tests made by the Owner or the Owner’s Testing Company will relieve the Contractor from his obligation to perform the work in accordance with the Technical Specifications. C. Materials, compaction, densities, or other construction items which do not meet the requirements of these specifications shall be replaced and retested at the Contractors’ expense. 10.02 ACCEPTANCE/CORRECTION OF DEFICIENT PAVEMENT IMPROVEMENTS Acceptance tests shall be evaluated by the Engineer for conformance with the specifications. The Engineer shall determine what corrective action is necessary in order for the improvements to be accepted by OWNER. Corrective action may include total removal and replacement of the deficient material, partial removal and replacement, placing additional material, or in lieu of corrective action, payment of a penalty to the OWNER in certain instances. A. Portland Cement Concrete If an individual strength test (average of two cylinders tested at 28 days) falls below the specified strength by more than 500 psi, the in-place material represented by the failed test shall immediately be randomly cored for acceptance testing. A minimum of three and maximum of six cores shall be taken. If the average strength tests of the acceptance cores are deficient in strength by more than 500 psi but not more than 1000 psi, the Contractor shall remove and replace the deficient concrete or pay the City of Bozeman 0.25 times the unit price bid times the area determined to be deficient in strength; if the average strength tests are deficient by more than 1000 psi, the area of the concrete determined to be deficient shall be removed and replaced. B. Asphaltic Concrete Pavement The asphaltic concrete pavement shall be tested and evaluated for acceptance on a lot basis, with one lot being 1000 tons of material. 1. Thickness. If the average thickness of the pavement cores is more than ¼” below the plan thickness, or if any one individual core is more than ½” below the plan thickness, corrective action or payment of a penalty will be required. a. Average Thickness Deficiencies. If the average thickness deficiency is between ¼” and ½”, corrective action such as placement of additional material (i.e. overlay or chip seal), as determined by the Engineer, will be Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 24 - Special Provisions required. In lieu of placing additional material, the Engineer may allow the payment of a penalty to the City of Bozeman in the amount of 0.25 times the unit price bid of the asphalt pavement times the amount of pavement determined to be deficient. If the average thickness deficiency is more than ½”, an overlay will be required, along with cold milling of the existing pavement to provide for a minimum overlay thickness of 1.5”. b. Individual Core Thickness Deficiency. If any one core thickness is determined to be more than ½” below plan thickness, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which is not deficient by more than ¼”, in order to determine the extent of the deficient pavement. If the thickness deficiency is more than ¾”, the area that is deficient shall be removed from pavement edge to pavement edge and replaced to bring the non-complying areas to planned thickness. If the thickness deficiency is not more than ¾”, the deficient area will either be removed and replaced to the planned thickness, or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in thickness. 2. Density. The average density of the pavement cores shall equal or exceed 93% of the maximum density as determined by ASTM D2041 (Rice’s density). If the average density is less than 93% but more than 90.9%, the pavement that has deficient compaction shall be milled and overlaid (1.5” minimum depth), or a penalty in the amount of 0.10 times the unit price bid for the pavement material times the amount of pavement that has deficient compaction shall be paid to the City of Bozeman. If the average density is 90.9% or less, the pavement area affected will be removed and replaced or overlaid as determined by the Engineer. If any one core is determined to have a density of less than 86%, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which has a density of at least 91%. The area that is determined to have deficient compaction shall be removed from pavement edge to pavement edge and replaced, or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in density. 10.03 CONSTRUCTION STAKING Contractor Layout Description. Furnish all surveys and calculations necessary to layout and control the work to specific lines, grades, and tolerances. Set all stakes necessary to control all work associated with the curb extensions located on East Babcock Street and the intersections with Black Avenue and Bozeman Avenue. This includes drainage structures, top back of curb, and sidewalk grade breaks. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 25 - Special Provisions The Contractor will be responsible for all layout and construction staking utilizing the control data. The contractor will be provided with an electronic version of the plans in AutoCad format to be used to generate the required layout data for the project. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to the Engineer for adjustment before work is performed. The Contractor will utilize the services of a professional land surveyor, currently licensed in the State of Montana, for the construction staking for this project. PART 11 – DELAYS, SCHEDULING, AND CONTRACT TIME 11.01 USCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS One City Of Bozeman Water/Sewer Operations Dept service worker will be available 7:15 AM till 5:15 PM Monday-Friday with the exception of City recognized holidays for the water and sewer main replacement portion of the work. Work scheduled outside these times with less than 24 hours notice will be billed at 1.5 times the service worker’s base pay rate of $ 53.00 per hour. Call outs (emergency response with no notice) will be billed 2 hours double time the base rate. Each succeeding hour thereafter 1.5 times the base rate. The CONTRACTOR is required to respond to affected property owners within the project and resolve complaints/issues that are raised. If the City is contacted due to non-responsiveness on the part of CONTRACTOR, the City will resolve the issue and charge the CONTRACTOR for its time at the rates provided for in this section. 11.02 DELAYS The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal precipitation, or other natural phenomena. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such events will not constitute justification for an extension of time unless agreed upon by both the Engineer and Contractor, and the total time lost to such events exceeds 5% of the Contract Time. For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 –year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. 11.05 SUBSTANTIAL COMPLETION The project shall be considered substantially complete when the following has been completed and accepted by the engineer: 1. Storm drain installation, including: all pipe, manholes connections, storage system, and testing. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 - 26 - Special Provisions 2. All Concrete curb and gutter, sidewalk, and drive accesses as described in the contract drawings. 3. All hot mix asphalt placement as described in the contract drawings 4. Signage and striping installed as described in the contract drawings. 5. The contractor may request substantial completion for each work area separately; however, the contract time will continue to run until either substantial completion is achieved for all locations of the project or a suspend work order is issued by the Engineer. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 MEASUREMENT AND PAYMENT 1 SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract, the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. The cost of taxes, bonding and insurance associated with this project are considered incidental items. In addition, the cost of mobilization for schedules 1-5 work are considered incidental items. The contractor will not receive separate payment to cover the cost of these items and they should be factored into the other bid prices accordingly. Items 101: Cold Milling of Existing Pavement (2” nominal depth). Cold Milling of existing pavement shall be measured and paid for by the square yard of pavement removed to the specified nominal depth. Should the City Engineer direct, in writing, removal to a depth greater than specified, the measured area involved will be increased by the ratio of the ordered depth to the specified minimum depth. Such price and payment shall be full compensation for cold milling, salvaging, hauling, handling and stockpiling, or disposal of the milled materials, and incidentals necessary to complete this item. Items 102: Hot Mix Asphalt Surface Course, Type B Plant Mix, in place. This item shall be measured and paid for by the ton (2,000 pounds) of compacted Hot Mix Asphalt Surface Course, Type B Plant Mix, in place. The unit price and payment shall constitute full compensation for cleaning underlying course; application of SS-1 tack coats; for furnishing, handling, hauling, placing, shaping, compacting and finishing of the paving mix; matching finished street grade to existing manhole, valve box, and curb box grade; for improving unsatisfactory areas; for placing leveling courses as required; for all materials (inclusive of asphalt), manipulation, labor, tools, equipment, and incidentals necessary to complete the work in full compliance with these specifications. Item 103: Asphalt approach Transition Work This item shall be paid for on a lineal foot basis for milling & overlaying paved drive approaches as specified in the contract documents to create a smooth transition between asphalt overlaid roadway and existing drive approaches. The lump-sum price and payment shall constitute full compensation for all materials, placement, compaction, cleaning, labor, tools, and incidentals necessary to complete this work. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 MEASUREMENT AND PAYMENT 2 Item 104: Adjust Valve Box. This item shall be measured and paid for by the number of valve boxes adjusted to the finished street grade through 1) the proper adjustment of the existing valve box adjustment mechanisms (screw-type), or 2) installation of a Tyler Corporation No. 69 screw-type adjustable riser if compatible, or 3) installation of an East Jordan Iron Works 8500 valve box riser. Contractor shall follow C.O.B. Standard Detail #02213-2, included in the contract documements. The unit price and payment shall constitute full compensation for all incidental materials, excavation, backfill, compaction, cleaning, labor, tools, and incidentals necessary to complete this work. Item 105: Adjust Manhole Ring and Cover. This item shall be measured and paid for by the number of sanitary sewer and storm sewer rings and covers adjusted to the final street grade. Contractor shall follow C.O.B. standard drawing #02213-1, included in the contract documents. The unit price and payment shall constitute full compensation for all materials, excavation, backfill, compaction, cleaning, labor, tools, and incidentals necessary to complete this work. Items 106, 202, 303, 408, 514 & 613: Construction Traffic Control This item shall be measured and paid for as per MPWSS Section 01570 Part 4, lump sum basis. Item 107, 203, 304, 409, 515, 614: Miscellaneous Work The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only, which may be adjusted up or down by the Engineer in accordance with the needs of the project. Item 201: GSB-FrictionSeal GSB-FrictionSeal will be measured by the square yard as provided for in the Contract Documents. GSB-FrictionSeal shall be paid for PER SQUARE YARD, which shall be full compensation for furnishing all materials, equipment, labor and incidentals to complete the work as specified and required. Item 301: Cationic Emulsified Asphalt (CRS-2P), in place. This item shall be measured and paid for by the number of gallons at the contract unit price for "CRS-2P Emulsified Asphalt" material used and accepted in the work, corrected to gallons at 60 degrees F. The unit price and payment shall constitute full compensation for all demurrage, storage, handling and all other charges, tools, equipment, labor and performance of all work necessary or incidental to the Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 MEASUREMENT AND PAYMENT 3 furnishing, delivery, unloading, heating, hauling and spreading of the asphalt material specified. Payments will be made only for the asphalt required and actually used in the work. The Owner will accept no responsibility for any oil shipped in excess of requirements because of tank-truck or tank-car capacities or for other reasons. Item 302: Seal Coat Aggregate, 3/8" Gradation, in place. This item shall be measured and paid for by the square yard for 3/8" seal coat aggregate at the contract unit price bid. The unit price and payment shall constitute full compensation for the furnishing, delivering, and placing of the material; compacting and rolling; for covering excess asphaltic material; sweeping and cleanup as specified in the Contract Documents; and for all labor, equipment, tools, and incidentals necessary to complete this item. Items 401, 402, 501: Concrete removal and disposal & Asphalt removal and disposal. This item shall be measured and paid for by the square foot (SF) at the unit price bid for "Concrete removal and disposal", which price and payment shall constitute full compensation for furnishing all materials, tools, equipment, labor, loading, hauling, disposal, and incidentals necessary to sawcut and remove and dispose of existing PCC or asphaltic concrete pavement or sidewalks, straight curbing, or integral curb and gutter. Item 403, 511: Combined concrete curb and gutter. This item is measured and paid for by the lineal feet of combined curb and gutter in place at the contract unit price bid for “Combined concrete curb and gutter”. Price and payment is full compensation for all materials, preparation of gravel base, curing of concrete, painting face of gutter with tack oil, all pre- molded mastic material for expansion joints, steel dowels and sleeves, all equipment, tools, labor, and for the performance of all work and incidentals necessary to complete the item, and for backfilling of the curb and seeding and restoration of all disturbed areas. Item 404, 405, 506: 6” concrete sidewalk in place & 4” concrete sidewalk in place Measurement and payment for this item shall be as per MPWSS, Section 02529 4.4, square foot method. Item 406: Asphalt Patching Measurement and payment will be by the square foot for asphalt patching adjacent to curb and gutter, valley gutter and other concrete replacement. Payment shall include full compensation for saw cutting and removing the existing asphalt, preparing and grading the subbase and repaving against the new concrete with hot mix asphalt (4” depth). Item 407 & 508: Detectable warning Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 MEASUREMENT AND PAYMENT 4 This item is measured and paid for by the square foot at the contract unit price bid for “Detectable warning”. Price and payment is full compensation for furnishing and installing cast iron or ductile iron detectable warning panels in accordance with manufacturer’s recommendations. Item 503: Abandon Existing Storm Drain In Place Abandonment of existing utility pipes in place shall consist of installing a plug in the pipe to be abandoned. The plug shall consist of non-shrink grout. The grout shall completely fill the opening and be placed from the opening for a distance of three feet into the pipe. This work shall be considered incidental to construction. Abandonment of existing manholes shall consist of removing the casting, grade rings, and cone (or slab tope) of the structure, plugging all pipe penetrations as described above, and filling the remaining structure with 3" minus gravel. Gravel shall be placed and compacted in lifts. This work will be measured and paid in accordance with the measurement and payment section. Measurement and payment shall be by the numerical count of each storm main that is abandoned. Abandonment of pipelines and structures will be performed where shown in the contract documents or where designated by the Engineer. The Contractor shall furnish all materials, equipment, and labor necessary to abandon the designated pipelines as specified or indicated in the contract drawings. Item 504: (12” Storm Catch Basin Lead Pipe) Measurement and payment shall be as per MPWSS Section 02720 4.3.A. No profile wall storm pipe will be allowed. The contractor must supply and install SDR-35 PVC pipe. Item 505: (Standard Strom Drain Inlet) Measurement and payment shall be as per MPWSS Section 02720 4.4.A. Item 507: (Sidewalk – Concrete 4” Colored) Decorative stamped concrete is measured by the square foot. Item 509: (New Sign Post) Metal posts are measured by the lineal foot. Metal posts are paid for at the unit price bid for “2” square tube metal posts” said price and payment to be full compensation for furnishing all materials (including foundation sleeve, foundation material and concrete), and for all labor, equipment, excavation, and incidentals necessary to install metal posts in accordance with the Contract specifications. Item 510: (New Signage) Aluminum signs are measured by the square foot to the nearest 0.1 square foot. Aluminum signs are paid for at the unit price bid for “Aluminum Signs”, said price and payment to be full compensation for furnishing sign blanks, reflective sheeting, and mounting hardware, and for all labor, tools, equipment, and incidentals necessary to install the signs in accordance with the Contract specifications. Item 512: (Flowable Backfill) This item shall include placement of flowable backfill, as described in the contract special provisions, Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 MEASUREMENT AND PAYMENT 5 for all storm drain trench backfill, as described on contract drawing “SD1.” Flowable fill shall be placed from top of pipe bedding to finish grade asphalt. Contractor shall add cement to the top 3” of flowable fill to add strength while traffic is allowed before milling operations. Payment shall be by the cubic yard of flowable fill placed. Item 513: Contractor Layout Furnish all surveys and calculations necessary to layout and control the work to specific lines, grades, and tolerances. Set all stakes necessary to control all work associated with the curb extensions located on East Babcock Street and the intersections with Black Avenue and Bozeman Avenue. This includes drainage structures, top back of curb, and sidewalk grade breaks. Contractor layout is measured and paid for by the lump sum. Item 601: (Mobilization) This line item covers mobilization for the striping and signage work only. Mobilization for the remaining work shall be incidental to construction. Fifty percent (50%) to be paid on the first progress estimate when mobilizing to begin construction, and fifty percent (50%) to be paid following substantial completion and acceptance of the work. Items 602, 603, 605, 606: Striping – white epoxy Epoxy pavement markings are measured by the gallon to the nearest whole gallon. Only those pavement markings represented by a Manufacturer’s Material Certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Owner’s representative using tank stabs or totalizer exceed the quantity calculated using an application rate of 22 mils times the width and length of line applied, the lesser quantity will be paid for. Payment shall be made at the contract unit price bid for striping at the specified width in white epoxy, said price and payment constituting full compensation for furnishing and installing linear pavement markings in accordance with the Contract specifications. Items 604: Striping – yellow epoxy Epoxy pavement markings are measured by the gallon to the nearest whole gallon. Only those pavement markings represented by a Manufacturer’s Material Certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Owner’s representative using tank stabs or totalizer exceed the quantity calculated using an application rate of 22 mils times the width and length of line applied, the lesser quantity will be paid for. Payment shall be made at the contract unit price bid for striping at the specified width in yellow epoxy, said price and payment constituting full compensation for furnishing and installing linear pavement markings in accordance with the Contract specifications. Item 607, 608, 609, 610, 611 & 612: Words, symbols & Arrows – white epoxy Epoxy pavement words, symbols and arrows shall be measured by numerical count for each word, symbol and arrow installed. Only those pavement markings represented by a Manufacturer’s Material Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 MEASUREMENT AND PAYMENT 6 Certification at the time of application, and actually used and witnessed on the project are eligible for payment. Should the actual quantity measured by the Owner’s representative using tank stabs or totalizer exceed the quantity calculated using an application rate of 22 mils times square footage of the word or symbol applied. Payment shall be made at the contract unit price bid for “Words, symbols & arrows – white epoxy”, said price and payment constituting full compensation for furnishing and installing word and symbol pavement markings in accordance with the Contract specifications. Item 701: Speed Table Installation Speed table installation shall be measured and paid by the numerical count of each speed table installed as directed by the project engineer. The contractor shall follow the City standard detail “Speed Table Standard – Existing Retrofit” included under the contract specifications. If awarded, the project engineer will specify locations on a Local City Street where the speed tables are to be installed. Payment shall include: all traffic control, materials, equipment, signage, labor, mobilization, striping, asphalt, and all items incidental to the completion of this item. Item 702: Traffic Circle Installation Traffic circle installation shall be measured and paid by the numerical count of each traffic circle installed as directed by the project engineer. The contractor shall follow the City standard detail “Traffic Circle Standard Drawing” included under the contract specifications. If awarded, the project engineer will specify locations on a Local City Street intersection where the speed table is to be installed. Payment shall include: all traffic control, materials, equipment, signage, labor, mobilization, striping, asphalt, and all items incidental to the completion of this item. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 2026 FRICTION SEAL - ESTIMATED QUANTITIES STREET From To Area (S.Y.) 8" White (gal.) White "Only" & Arrow (Ea) 24" White Line (gal.) White sharks teeth (ea) Tanzanite Drive Flanders Mill Ferguson 4,402 1 6 Ryun Sun Oak Tanzanite 1,509 Auger Lane Tanzanite Sunstone 3,615 Sunstone Flanders Mill Auger 525 Windrow Drive Tanzanite Sunstone 3,636 1 8 Renova Lane Ferguson Windrow 1,905 Annie Street Flanders Mill Ferguson 4,989 Moonstone Drive Windrow Ferguson 1,815 Sunstone Street Windrow Ferguson 1,806 Windrow Drive Oak Harvest Pkwy 3,324 Ryun Sun Oak Harvest Pkwy 11,535 2 12 Waterview Lane Ryun Sun Ferguson 507 Harvest Parkway Flanders Mill Ferguson 7,455 1 8 Windrow Drive Harvest Pkwy Cul‐de‐sac 3,090 Riata Road Baxter Harvest Pkwy 714 0.5 Sickle Court Harvest Pkwy Cul‐de‐sac 597 Forage Drive Flanders Mill Windrow 1,884 Aster Ave 27th Annie 4,451 Snapdragon Street 27th Aster 865 Rose Street 27th Hunters Way 2,317 Lily Drive 27th Aster 865 Annie Street 27th Hunters Way 3,076 Buckrake Avenue Oak Annie 4,957 Daisy Drive 27th Buckrake 1,892 Goldenrod Lane 27th Buckrake 1,892 Harris Street 27th Buckrake 1,892 McCormick Street Barley 27th 865 Allison Court Cul‐de‐sac Cul‐de‐sac 2,399 Barley Ave Harris Allison 1,555 Case Street Buckrake Cul‐de‐sac 864 Hunters Way Durston Oak 9,698 3 6 Village Downtown Blvd Broadway End 9,816 Village Crossing Way Cul‐de‐sac Cul‐de‐sac 3,591 126,992 0 0 5.5 34 Epoxy Paint Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 2026 SEAL COAT - ESTIMATED QUANTITIES STREET Area (S.Y.) CRS-2P (gal) (0.40 gal/SY) 4" Yellow (gal.) 4" White (gal.) 8" White (gal.) White Turn Arrow White Thru Arrow White "Only" Marking White Combo Arrow Bike arrow & Symbol 24" White (Gal) N 27th Avenue (Oak‐Durston)11,612 4645 2 2.5 1.5 1 1 1 2 2 W College Street (Huffine‐19th)25,268 10107 28 31 18 24 4 28 5 22 3.75 Totals 36,880 14,751.82 30 33.5 19.5 25 4 29 6 24 5.75 Epoxy Paint Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 2026 STREET IMPROVEMENTS ‐ CITY OF BOZEMAN 2" MILL AND OVERLAY - estimated quantities STREET Milling (SY) Plant Mix (tons) Manhole Adjust. (ea) Valve Box Adjust (ea) 4"white Line (gal.) 4" White Dashed Line (gal) 4" yellow Line (gal.) 8" White Line (gal) 24" White Line (gal) White Turn Arrow Symbol (ea) White Combination Arrow Symbol (ea) White Straight Arrow Symbol (ea) White Sharks Teeth White "Only" Marking Bike Lane Symbol & Arrow Babcock Street 10872 1241 3 5 6 7.5 12 1 7 50 1 Baxter Lane 8598 981 3 0 14 17.5 7.5 3 9 18 9 10 N 15th Avenue 12974 1481 5 4 43 1 23.5 6 2.5 3 3 50 3 21 Total Est. Quantity 32,444 3,704 11 9 57 7 41 21 17.5 13 10 0 118 13 31 Epoxy Paint Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 CENTERED ℄℄ A A B B EDGE OF PAVEMENT FLOW LINE TOP BACK OF CURB PAVEMENT WIDTHSPEEDTABLESAHEAD15MPH15MPH30" x 30" W13-1 18" x 18"SPEEDTABLESAHEADCHEVRON DETAIL SECTION A - A SECTION B-B (CURBED) 4"6'6' SECTION B-B (UNCURBED) EXISTING EDGE OF PAVEMENT 24" TAPER 24" TAPER 3' MIN.STRAIGHT TAPER 1' 6' 6' 1' 10' SAWCUT OR FEATHER GRIND 2" DEEP TYP. NOTES: 1. SPEED TABLES ARE APPROPRIATE FOR STREETS WITH POSTED SPEEDS OF 35 MPH OR LESS. 2. SPEED TABLES PLACED IN SEQUENCE SHALL BE SPACED BETWEEN 260' AND 500' FEET. 3. DO NOT PLACE SPEED TABLES OVER EXISTING UTILITY COVERS INCLUDING MANHOLES AND VALVE COVERS. 4. SPEED TABLES SHALL NOT BE INSTALLED ALONG PRIMARY ENERGENCY RESPONSE ROUTES AS DETERMINED BY THE CITY OF BOZEMAN FIRE DEPARTMENT. 5. USE TYPE B ASPHALT PLANT MIX COMPACTED TO A MINIMUM OF 93% OF MAXIMUM DENSITY, AS DETERMINED BY ASTM 2041. 6. SPEED TABLE SHALL BE CONSTRUCTED IN ONE LIFT. 5. ALL SIGNING AND STRIPING SHALL CONFORM TO THE LATEST EDITION OF THE MUTCD. 6. SIGN LOCATIONS SHALL BE VERIFIED BY THE ENGINEER PRIOR TO INSTALLATION. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 YIELD (R1-2) AND ROUNDABOUT CIRCULATION (R6-5P) INTERSECTION LEGEND & TYPICAL DIMENSIONS S - STREET WIDTH (MEASURED TBC TO TBC)S = 36' TYPICAL R - CURB RADIUS (MEASURED AT TBC)R = 10' TYPICAL D - TRAFFIC CIRCLE DIAMETER (MEASURED AT EDGE OF CURB) D = 20' TYPICAL W - OPENING WIDTH (MEASURED FC TO FC)W ≈ 20' TYPICAL TRAFFIC CIRCLE GOALS AND DESIGN CRITERIA PROVIDE AT THE LOWEST COST A TRAFFIC CIRCLE THAT WILL REDUCE TRAFFIC SPEEDS AND ACCIDENTS WHILE ALLOWING FOR THE MOVEMENT OF LARGE TRUCKS. THE TRAFFIC CIRCLE SHALL BE MADE AS LARGE AS POSSIBLE TO PROMOTE SLOW SPEEDS THROUGH THE INTERSECTION WHILE MAINTAINING THE DESIRED OPENING WIDTH. THE CENTER OF THE TRAFFIC CIRCLE SHALL BE PLACED WHERE THE CENTER OF EACH INTERSECTION LEG MEET. EXISTING INTERSECTIONS MAY HAVE VARYING WIDTHS, CURB RADIUS, AND INTERSECTION ANGLES. DIMENSIONS OF THE INTERSECTION MUST BE VERIFIED PRIOR TO DESIGN OF A NEW TRAFFIC CIRCLE. USE THE FOLLOWING DESIGN CRITERIA TO DETERMINE THE DIMENSIONS OF NEW TRAFFIC CIRCLE. 1. THE PRIMARY DESIGN GOAL IS TO ACHIEVE THE TARGETED OPENING WIDTH OF 20-FEET ± 1-FOOT. 2. THE DIAMETER OF THE TRAFFIC CIRCLE SHALL BE ADJUSTED TO MEET THE TARGETED OPENING WIDTH. 3. TRAFFIC CIRCLES SHALL HAVE A MINIMUM DIAMETER OF 15'. 4. WHERE THE MINIMUM DIAMETER CANNOT BE MET THE INTERSECTIONS CURBS SHALL BE RECONSTRUCTED. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 5% SLOPE 1 12" MINUS CRUSHED BASE, ADD SUB-BASE COURSE AS REQUIRED SAW CUT AND REPLACE ASPHALT 2' MIN. (IN EXIST INTERSECTIONS) COMPACT EXIST. SUB-GRADE INSTALL ASPHALT 14" ABOVE LIP OF CURB 2% SLOPE 3" CONCRETE CAP EXPANSION JOINT MATERIAL 4% SLOPE 5' WIDE, 6" DEPTH, CONCRETE APRON SPILL DROP CURB FOR DRIVEWAYS FLEXIBLE DELINEATOR ℄ TRAFFIC CIRCLE ISLAND PROFILE 1. THE CENTER CAP OF THE TRAFFIC CIRCLE ISLAND SHALL BE SLOPED AT 2% AWAY FROM THE CENTER OF THE ISLAND. THE APRON SHALL BE SLOPED AT 5% AWAY FROM THE CENTER OF THE ISLAND. 2. CURB, APRON, AND CENTER CAP SHALL BE M-4500 CONCRETE THAT IS AIR ENTRAINED AND IN CONFORMANCE WITH SECTION 02528 (MPWSS). 3. SUB-GRADE & BASE COURSE COMPACTION SHALL CONFORM WITH SECTION 02230 (MPWSS). 4. CRUSHED BASE COURSE SHALL MEET THE REQUIREMENTS OF SECTION 02235 (MPWSS). CRUSHED BASE COURSE SHALL HAVE A MINIMUM 12" DEPTH UNDER NEW ASPHALT, CURB, AND APRON; AND A 6" DEPTH UNDER THE CONCRETE CAP. 5. CURB & GUTTER SHALL BE INSTALLED IN ACCORDANCE WITH CITY OF BOZEMAN STD. DWG. 02528-1. 6. CURB CONTRACTION JOINTS SHALL BE PLACED AT ≈10' INTERVALS (MEASURED ALONG THE CENTER OF THE CURB) AND SHALL HAVE A MINIMUM DEPTH OF 34" AND A MINIMUM WIDTH OF 18". 7. APRON CONTRACTION JOINTS SHALL PLACED AT ≈5' INTERVALS (MEASURED HALFWAY ALONG THE RADIUS OF THE APRON) AND SHALL HAVE A MINIMUM DEPTH OF 1" AND MINIMUM WIDTH OF 18". 8. EXPANSION JOINT MATERIAL SHALL BE PLACED BETWEEN THE CENTER CAP AND APRON. EXPANSION JOINT MATERIAL SHALL BE 12" THICK PRE-FORMED BITUMINOUS TREATED FIBERBOARD FILLER. 9. PAINT FACE AND TOP OF DROP CURB WITH YELLOW EPOXY PAINT IN ACCORDANCE WITH SECTION 620 OF "STANDARD SPECIFICATION FOR ROAD AND BRIDGE CONSTRUCTION", LATEST EDITION, ADOPTED BY THE MONTANA DEPARTMENT OF TRANSPORTATION AND BMC 36.04.030 10. FLEXIBLE DELINEATORS SHALL BE INSTALLED 2.5-FEET BEHIND THE BACK OF THE CURB. FLEXIBLE DELINEATORS SHALL BE U-FLEX FLUSH MOUNT DELINEATOR #FCW36W3U3 BY SHUR-TITE OR APPROVED EQUAL AND INSTALLED IN ACCORDANCE WITH THE MANUFACTURE'S RECOMMENDATIONS. 11. BASE PREPARATION AND FORM WORK SHALL BE INSPECTED BY THE CITY ENGINEERING DIVISION PRIOR TO PLACING ASPHALT OR CONCRETE. 12. SUB-BASE COURSE IS REQUIRED WHERE UNSUITABLE SUB-GRADE CONDITIONS ARE ENCOUNTERED. Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 WORK AREAW 20-536" X 36"(MIN.)RIGHT LANECLOSEDAHEADW 21-436" X 36"(MIN.)USE 35 MPHPLATE IF SPEEDLIMIT IS 40 MPHOR GREATER18" X 18"FLUORESCENTORANGEFLAGSLOCATE BOTH WITHINONE BLOCKBARRICADE6'NOTES:1. ROAD WORK AHEAD - SIGN SHALL BE IN PLACE AT ALL TIMES, EXCEPT SHORT TERM MAINTENANCE VIAMANHOLES FOR UNDERGROUND UTILITIES. SHORT TERM MAINTENANCE DEFINED AS UP TO 15 MINUTES LONG.2. RIGHT LANE CLOSED SIGN - SHALL BE IN PLACE WHEN WORK IS BEING CONDUCTED ON SITE; SHALL NOT BE INUSE AT UNATTENDED SITES.3. CONE TAPER LENGTH AND SPACING - SEE TABLE; ADJUSTMENTS MAY BE NECESSARY DEPENDENT UPON SIDEAPPROACHES, ETC.4. SPECIAL CONDITIONS - THESE STANDARDS ARE FOR SHORT TERM DAYTIME OPERATIONS - IF TRAFFICCONTROL DEVICES ARE NEEDED DURING HOURS OF DARKNESS, A TRAFFIC CONTROL PLAN SHALL BESUBMITTED FOR APPROVAL.5. ALL VEHICULAR EQUIPMENT - WORKING ON THE ROADWAY OR ON OR NEAR THE ROADWAY SHOULDER SHALLBE EQUIPPED WITH A ROTATING AMBER BEACON MOUNTED IN A MANNER THAT ASSURES VISIBILITY TOAPPROACHING TRAFFIC AT ALL TIMES.6. ALL SIGNS, DEVICES, AND MOUNTS - SHALL MEET CURRENT MONTANA DEPT. OF HIGHWAYS AND MUTCDSTANDARDS AND SPECIFICATIONS.7. BARRICADE PLACEMENT - BARRICADES SHALL BE A MINIMUM OF SIX (6) FEET. SHORT TERM MAINTENANCE VIAMANHOLES FOR UNDERGROUND UTILITIES DO NOT REQUIRE BARRICADES.8. IF THE WORK AREA WITHIN OR NEAR AN INTERSECTION AFFECTS TRAFFIC MOVEMENT, ADDITIONAL TRAFFICCONTROL DEVICES MAY BE REQUIRED.SPEEDLIMITTAPERLENGTHCONESPACING25303540125'180'245'320'40'35'30'25'ROAD WORKAHEADMPHSIGNWORK SITETRAFFIC DRUMS OR CONENO. 01570-110/2024SCALE:NONECITY OF BOZEMANSTANDARD DRAWINGTRAFFIC CONTROL MINIMUM STANDARD, URBAN WORK SITE:4-LANE ROAD, WORK SITE BLOCKING ONE LANEDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 18" X 18"FLUORESCENTORANGEFLAGSLOCATE BOTH WITHINONE BLOCKNOTES:1. ROAD WORK AHEAD - SIGN SHALL BE IN PLACE AT ALL TIMES, EXCEPT SHORT TERM MAINTENANCE VIAMANHOLES FOR UNDERGROUND UTILITIES. SHORT TERM MAINTENANCE DEFINED AS UP TO 15 MINUTES LONG.2. KEEP RIGHT SIGN - SHALL BE IN PLACE WHEN WORK IS BEING CONDUCTED ON SITE.3. CONE TAPER LENGTH AND SPACING - SEE TABLE; ADJUSTMENTS MAY BE NECESSARY DEPENDENT UPON SIDEAPPROACHES, ETC.4. SPECIAL CONDITIONS - THESE STANDARDS ARE FOR SHORT TERM DAYTIME OPERATIONS - IF TRAFFICCONTROL DEVICES ARE NEEDED DURING HOURS OF DARKNESS, A TRAFFIC CONTROL PLAN SHALL BESUBMITTED FOR APPROVAL.5. ALL VEHICULAR EQUIPMENT - WORKING ON THE ROADWAY OR ON OR NEAR THE ROADWAY SHOULDER SHALLBE EQUIPPED WITH A ROTATING AMBER BEACON MOUNTED IN A MANNER THAT ASSURES VISIBILITY TOAPPROACHING TRAFFIC AT ALL TIMES.6. ALL SIGNS, DEVICES, AND MOUNTS - SHALL MEET CURRENT MONTANA DEPT. OF HIGHWAYS AND MUTCDSTANDARDS AND SPECIFICATIONS.7. BARRICADE PLACEMENT - BARRICADES SHALL BE A MINIMUM OF SIX (6) FEET. SHORT TERM MAINTENANCE VIAMANHOLES FOR UNDERGROUND UTILITIES DO NOT REQUIRE BARRICADES.8. IF THE WORK AREA WITHIN OR NEAR AN INTERSECTION AFFECTS TRAFFIC MOVEMENT, ADDITIONAL TRAFFICCONTROL DEVICES MAY BE REQUIRED.SPEEDLIMITTAPERLENGTHCONESPACING25303540125'180'245'320'40'35'30'25'ROAD WORKAHEADMPHR4-724" X 30"(MIN.)R4-724" X 30"(MIN.)W 21-436" X 36"(MIN.)6'6'WORK AREABARRICADE18" X 18" ADVISORYSPEED PLATEUSE 35 MPHPLATE IF SPEEDLIMIT IS 40 MPHOR GREATER.ROAD WORK AHEAD MPH SIGNWORK SITETRAFFIC DRUMS OR CONENO. 01570-210/2024SCALE:NONECITY OF BOZEMANSTANDARD DRAWINGTRAFFIC CONTROL MINIMUM STANDARD, URBAN WORK SITE:2-LANE ROAD, WORK SITE ON CENTERLINEBLOCKING BOTH LANESDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 18" X 18"FLUORESCENTORANGEFLAGSLOCATE BOTH WITHINONE BLOCKNOTES:1. ROAD WORK AHEAD - SIGN SHALL BE IN PLACE AT ALL TIMES, EXCEPT SHORT TERM MAINTENANCE VIAMANHOLES FOR UNDERGROUND UTILITIES. SHORT TERM MAINTENANCE DEFINED AS UP TO 15 MINUTES LONG.2. KEEP RIGHT SIGN - SHALL BE IN PLACE WHEN WORK IS BEING CONDUCTED ON SITE.3. CONE TAPER LENGTH AND SPACING - SEE TABLE; ADJUSTMENTS MAY BE NECESSARY DEPENDENT UPON SIDEAPPROACHES, ETC.4. SPECIAL CONDITIONS - THESE STANDARDS ARE FOR SHORT TERM DAYTIME OPERATIONS - IF TRAFFICCONTROL DEVICES ARE NEEDED DURING HOURS OF DARKNESS, A TRAFFIC CONTROL PLAN SHALL BESUBMITTED FOR APPROVAL.5. ALL VEHICULAR EQUIPMENT - WORKING ON THE ROADWAY OR ON OR NEAR THE ROADWAY SHOULDER SHALLBE EQUIPPED WITH A ROTATING AMBER BEACON MOUNTED IN A MANNER THAT ASSURES VISIBILITY TOAPPROACHING TRAFFIC AT ALL TIMES.6. ALL SIGNS, DEVICES, AND MOUNTS - SHALL MEET CURRENT MONTANA DEPT. OF HIGHWAYS AND MUTCDSTANDARDS AND SPECIFICATIONS.7. BARRICADE PLACEMENT - BARRICADES SHALL BE A MINIMUM OF SIX (6) FEET. SHORT TERM MAINTENANCE VIAMANHOLES FOR UNDERGROUND UTILITIES DO NOT REQUIRE BARRICADES.8. IF THE WORK AREA WITHIN OR NEAR AN INTERSECTION AFFECTS TRAFFIC MOVEMENT, ADDITIONAL TRAFFICCONTROL DEVICES MAY BE REQUIRED.SPEEDLIMITTAPERLENGTHCONESPACING25303540125'180'245'320'40'35'30'25'ROAD WORKAHEADMPHR4-724" X 30"(MIN.)W 21-436" X 36"(MIN.)6'6'WORK AREABARRICADE18" X 18" ADVISORYSPEED PLATEUSE 35 MPHPLATE IF SPEEDLIMIT IS 40 MPHOR GREATER.ROAD WORK AHEAD MPH SIGNWORK SITETRAFFIC DRUMS OR CONENO. 01570-310/2024SCALE:NONECITY OF BOZEMANSTANDARD DRAWINGTRAFFIC CONTROL MINIMUM STANDARD, URBAN WORK SITE:4-LANE ROAD, WORK SITE ON CENTERLINEBLOCKING INSIDE LANESDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 18" X 18"FLUORESCENTORANGEFLAGSLOCATE BOTH WITHINONE BLOCKNOTES:1. ROAD WORK AHEAD - SIGN SHALL BE IN PLACE AT ALL TIMES, EXCEPT SHORT TERM MAINTENANCE VIAMANHOLES FOR UNDERGROUND UTILITIES. SHORT TERM MAINTENANCE DEFINED AS UP TO 15 MINUTES LONG.2. THE LANE ENCROACHMENT SHOULD EITHER PERMIT A REMAINING LANE WIDTH OF 10 FEET, OR THE LANESHOULD BE CLOSED.3. CONE TAPER LENGTH AND SPACING - SEE TABLE; ADJUSTMENTS MAY BE NECESSARY DEPENDENT UPON SIDEAPPROACHES, ETC.4. SPECIAL CONDITIONS - THESE STANDARDS ARE FOR SHORT TERM DAYTIME OPERATIONS - IF TRAFFICCONTROL DEVICES ARE NEEDED DURING HOURS OF DARKNESS, A TRAFFIC CONTROL PLAN SHALL BESUBMITTED FOR APPROVAL.5. ALL VEHICULAR EQUIPMENT - WORKING ON THE ROADWAY OR ON OR NEAR THE ROADWAY SHOULDER SHALLBE EQUIPPED WITH A ROTATING AMBER BEACON MOUNTED IN A MANNER THAT ASSURES VISIBILITY TOAPPROACHING TRAFFIC AT ALL TIMES.6. ALL SIGNS, DEVICES, AND MOUNTS - SHALL MEET CURRENT MONTANA DEPT. OF HIGHWAYS AND MUTCDSTANDARDS AND SPECIFICATIONS.7. BARRICADE PLACEMENT - BARRICADES SHALL BE A MINIMUM OF SIX (6) FEET. SHORT TERM MAINTENANCE VIAMANHOLES FOR UNDERGROUND UTILITIES DO NOT REQUIRE BARRICADES.8. IF THE WORK AREA WITHIN OR NEAR AN INTERSECTION AFFECTS TRAFFIC MOVEMENT, ADDITIONAL TRAFFICCONTROL DEVICES MAY BE REQUIRED.SPEEDLIMITTAPERLENGTHCONESPACING25303540125'180'245'320'40'35'30'25'ROAD WORKAHEADMPHW 21-436" X 36"(MIN.)6'6'WORK AREABARRICADE18" X 18" ADVISORYSPEED PLATEUSE 35 MPHPLATE IF SPEEDLIMIT IS 40 MPHOR GREATER.ROAD WORK AHEAD MPHIF REMAINING ROADWAY WIDTH ISINADEQUATE TO ALLOW TWO-WAY TRAFFIC,USE FLAGPERSON (SEE DRAWING 01570-6)SIGNWORK SITETRAFFIC DRUMS OR CONENO. 01570-410/2024SCALE:NONECITY OF BOZEMANSTANDARD DRAWINGTRAFFIC CONTROL MINIMUM STANDARD, URBAN WORK SITE:2-LANE ROAD, WORK SITE BLOCKING ONE LANEDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 18" X 18"FLUORESCENTORANGEFLAGSNOTES:1. SIGN ASSEMBLY SHALL BE DISPLAYED AT A DISTANCE OF NOT MORE THAN 1000 FEET NOR LESS THAN 750 FEETFROM END OF WORK SITE.2. SPECIAL CONDITIONS - THESE STANDARDS ARE FOR SHORT TERM DAYTIME OPERATIONS - IF TRAFFICCONTROL DEVICES ARE NEEDED DURING HOURS OF DARKNESS, A TRAFFIC CONTROL PLAN SHALL BESUBMITTED FOR APPROVAL.3. ALL VEHICULAR EQUIPMENT - WORKING ON THE ROADWAY OR ON OR NEAR THE ROADWAY SHOULDER SHALLBE EQUIPPED WITH A ROTATING AMBER BEACON MOUNTED IN A MANNER THAT ASSURES VISIBILITY TOAPPROACHING TRAFFIC AT ALL TIMES.4. ALL SIGNS, DEVICES, AND MOUNTS - SHALL MEET CURRENT MONTANA DEPT. OF HIGHWAYS AND MUTCDSTANDARDS AND SPECIFICATIONS.ROAD WORKAHEADMPH18" X 18" ADVISORYSPEED PLATEROAD WORK AHEAD MPHWORK AREASIGNWORK SITETRAFFIC DRUMS OR CONENO. 01570-510/2024SCALE:NONECITY OF BOZEMANSTANDARD DRAWINGTRAFFIC CONTROL MINIMUM STANDARD, RURAL WORK SITE:WORK ADJACENT TO THE PRESENT TRAVELED WAYDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 18" X 18"FLUORESCENTORANGEFLAGSNOTES:1. WHEN IT IS NECESSARY FOR EQUIPMENT TO BLOCK THE ROADWAY TO THE EXTENT THAT TWO VEHICLESCANNOT PASS ON THE ROADWAY AT THE WORK SITE, FLAGMEN, WITH APPROPRIATE WARNING SIGNS SHALL BEUSED.2. FLAGGING - ANY PERSON ENGAGED IN FLAGGING SHALL CONFORM TO THE CRITERIA SET FORTH IN THEPAMPHLET "INSTRUCTIONS TO FLAGPERSONS" PREPARED BY THE MONTANA DEPT. OF HIGHWAYS.3. SPECIAL CONDITIONS - THESE STANDARDS ARE FOR SHORT TERM DAYTIME OPERATIONS - IF TRAFFICCONTROL DEVICES ARE NEEDED DURING HOURS OF DARKNESS, A TRAFFIC CONTROL PLAN SHALL BESUBMITTED FOR APPROVAL.4. ALL VEHICULAR EQUIPMENT - WORKING ON THE ROADWAY OR ON OR NEAR THE ROADWAY SHOULDER SHALLBE EQUIPPED WITH A ROTATING AMBER BEACON MOUNTED IN A MANNER THAT ASSURES VISIBILITY TOAPPROACHING TRAFFIC AT ALL TIMES.5. ALL SIGNS, DEVICES, AND MOUNTS - SHALL MEET CURRENT MONTANA DEPT. OF HIGHWAYS AND MUTCDSTANDARDS AND SPECIFICATIONS.ROAD WORKAHEADMPH18" X 18" ADVISORYSPEED PLATEROAD WORK AHEAD MPH FLAGMAN AHEADFLAGMANAHEAD500'500'500'500'W 2036" X 36"(MIN.)W 21-436" X 36"(MIN.)FLAGGING STATIONSIGNWORK SITETRAFFIC DRUMS OR CONENO. 01570-610/2024SCALE:NONECITY OF BOZEMANSTANDARD DRAWINGTRAFFIC CONTROL MINIMUM STANDARD, RURAL WORK SITE:WORK ON THE PRESENT TRAVELED WAYDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SIGNS ARE TO BE PLACED AT THE NEAREST LEGAL CROSSING TO THE WORK AREA. MAY ONLY BE USED IF A PARALLEL SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY. SIGN WORK SITE TRAFFIC DRUMS OR CONE SIDEWALK CLOSED AHEAD CROSS HERE SIDEWALKCLOSED SIDEWALK CLOSEDAHEAD CROSS HERE SIDEWALK CLOSED R9-9 24" X 18" R9-9 24" X 18" R9-11 (R) 30" X 24" R9-11 (R) 30" X 24" PEDESTRIAN TRAFFIC CONTROL FOR TEMPORARY SIDEWALK CLOSURE NO. 01570-7 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 FENCING AS SHOWN MAY USED FOR SHORT TERM (LESS THAN 30 DAYS) INSTALLATION. MORE PERMANENT STRUCTURES WILL BE REQUIRED FOR LONGER TERM. A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) MUST MAINTAIN 4' CLEAR AREA BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF OBSTRUCTIONS APPROPRIATE TRAFFIC CONTROL PLAN MUST BE USED FOR LANE CLOSURES TEMPORARY ACCESS RAMP ADEQUATELY SUPPORTED FENCING 2% 5' 5' 4'12:1SIDEWALKCLOSED SIDEWALKCLOSED R9-9 R9-9 FENCING SIDEWALK CLOSURE WITH DETOUR NO. 01570-8 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 NOTES:1. ADJUST MANHOLES UPWARD WITH ADJUSTING RINGS UNDER FRAME. 2. ADJUST MANHOLE DOWNWARD BY REMOVING CONE AND BARREL SECTIONS AS NECESSARY AND REPLACING WITH SECTIONS OF LENGTH REQUIRED TO MATCH GRADE.3. SLOPE MANHOLE FRAME AS REQUIRED TO MATCH SLOPE OF STREET. 4. FINAL MANHOLE ADJUSTMENT SHALL BE MADE BEFORE PAVING. 5. ALL JOINTS BETWEEN MANHOLE SECTIONS, TOP CONE, ADJUSTING RINGS, AND MANHOLE RING SHALL BE WATERTIGHT. JOINT MATERIAL SHALL BE "RAM-NEK" OR APPROVED EQUAL. 6. MANHOLE RING AND COVER SHAL BE ADJUSTED TO MATCH FINAL CROWN AND GRADE OF STREET. USE PRECAST CONCRETE FABRICATOR OR APPROVED EQUALCONCRETE ANGLED ADJUSTMENT RINGS TO OBTAIN REQUIRED ANGLE. 7. MANHOLE RING AND COVER: USE D&L FOUNDRY A-1178, OR EAST JORDAN IRON WORKS 3771/3772 SERIES RING COVER, OR APPROVED EQUAL. 8. ALL MANHOLES LOCATED WITHIN STREETS SHALL BE CONSTRUCTED WITH CONCRETE COLLAR. 9. FRIBILLATED POLYPROPYLENE FIBER MAY BE USED IN LIEU OF #4 REBAR IN CONCRETE COLLARS. PLAN SECTION A-A AA A #4 REBAR AT 20" SPACING #4 REBAR HOOPS (2 EACH). SEE SECTION A-A. SCORES (TYP.) 1'-0" MIN. HOT MIX ASPHALT CONCRETE ADJUSTINGRINGS AS NECESSARY (2" MIN. - 12" MAX.) MANHOLE FRAME CONCRETE COLLAR 24" MIN. 3/8" ± 1/8"2", MIN. 6" 8" COMPACTED BASE AND SUBGRADE MANHOLE ADJUSTMENT NO. 02213-1 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 24" DIA. 1/8" MIN., 1/4" MAX. STREET SURFACING COMPACTED BASE AND SUBGRADE CONCRETE COLLAR 24" DIA. X 6"CONCRETE COLLAR (2) #4 REBAR HOOPS WITH #4 VERTICALS. NOTES: 1. ADJUST WATER VALVES UPWARD OR DOWNWARD AS REQUIRED.2. ALL WATER VALVES LOCATED WITHIN STREETS SHALL BE CONSTRUCTED WITH CONCRETE COLLAR. 3. FIBRILLATED POLYPROPYLENE FIBER MAY BE USED IN LIEU OF #4 REBAR IN CONCRETE COLLARS. WATER VALVE ADJUSTMENT NO. 02213-2 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 TYPE 1 PIPE BEDDINGPLACED IN 6" MAX. LAYERS AND COMPACTED THOROUGHLY EXISTING STREET SURFACE VERTICAL TRENCH WALLS WITHSHORING TO CONFORM THE O.S.H.A. REGULATIONS 6" SELECT TYPE 1 BEDDING MATERIAL PLACED IN 6" LAYERS AND COMPACTED AS SPECIFIED IN SECTION 02221 TRENCH WIDTH=O.D. OF PIPE PLUS 2' MIN. TRENCH WIDTH=3.5' 4" NOTES: 1. WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINE A MINIIMUM OF 12" FROM THE EDGE OF THE TRENCH OPENING. WHERE NEAT LINE IS LESS THAN 3' FROM EDGE OF EXISTINGPAVEMENT OR CURB AND GUTTER SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT. 2. WHERE INTER-DUCT IS INSTALLED IN SEPARATE TRENCH USE STANDARD TRENCH DETAIL WITH 42' DEPTH OF BURY. 3. SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCHDESIGN FEATURES. 4. EXCAVATIONS SHALL CONFORM TO O.S.H.A. CONSTRUCTION STANDARDS. TYPE 2 PIPE BEDDING WHEREREQUIRED FOR SOFT AND UNSTABLE FOUNDATION SLOPING, BENCHING OR SUPPORT SYSTEMS IN THIS AREA TO CONFORM TO O.S.H.A.REGULATIONS 12" MIN. SUBGRADE OR GROUND SURFACE INSTALL DETECTABLE WARNING TAPE 18" MIN, 24" MAX. DEPTH TYPE "A", "B", OR "C" BACKFILL. FLOWABLE FILL SHALL BEUSED IN COLLECTOR AND ARTERIAL STREETS (SEE DETAIL 02221-1A). TYPICAL UTILITY TRENCH NO. 02221-1 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 TYPE 1 PIPE BEDDINGPLACED IN 6" MAX. LAYERS AND COMPACTED THOROUGHLY EXISTING STREET SURFACE VERTICAL TRENCH WALLS WITHSHORING TO CONFORM THE O.S.H.A. REGULATIONS 6" SELECT TYPE 1 BEDDING MATERIAL PLACED IN 6" LAYERS AND COMPACTED AS SPECIFIED IN SECTION 02221 TRENCH WIDTH=O.D. OF PIPE PLUS 2' MIN. TRENCH WIDTH=3.5' 4" NOTES: 1. FLOWABLE FILL SHALL BE USED AS SHOWN FOR ALL UTILITY TRENCHES CUT INTO EXISTING COLLECTOR AND ARTERIAL STREETS. 2. WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINE AMINIIMUM OF 12" FROM THE EDGE OF THE TRENCH OPENING. WHERE NEAT LINE IS LESS THAN 3' FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT. 3. WHERE INTER-DUCT IS INSTALLED IN SEPARATE TRENCH USE STANDARD TRENCH DETAIL WITH 42' DEPTH OF BURY.4. SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCH DESIGN FEATURES. 5. EXCAVATIONS SHALL CONFORM TO O.S.H.A. CONSTRUCTION STANDARDS. TYPE 2 PIPE BEDDING WHEREREQUIRED FOR SOFT AND UNSTABLE FOUNDATION SLOPING, BENCHING OR SUPPORT SYSTEMS IN THIS AREA TO CONFORM TO O.S.H.A.REGULATIONS 12" MIN. SUBGRADE OR GROUND SURFACE INSTALL DETECTABLE WARNING TAPE 18" MIN, 24" MAX. DEPTH FLOWABLE FILL REQUIRED IN ALLTRENCHES WITHIN EXISTING ROADWAY. FLOWABLE FILL SHALL MEET MPWSS SECTION 02225 FLOWABLE FILL BACKFILL DETAIL NO. 02221-1A 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 STANDARD CURB & GUTTER NO. 02528-1 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING CATCH CURB 9.5" 2" 6.10" 6" OR OTHERWISE AS REQUIRED 4"R 3"R 4% SLOPE -4% SLOPE 24" 24" 24" 6.66" 9.5" 1.51" 0.49" 9.5" 0.75" 4% SLOPE 4% SLOPE NOTES:1. SUBGRADE OR BASE COURSE COMPACTION SHALL CONFORM TO SECTION 02230 (MPWSS). 2. CONTRACTION JOINTS SHALL BE PLACED AT 10' INTERVALS AND SHALL HAVE A MINIMUM DEPTH OF 3/4" AND MINIMUM WIDTH OF 1/8". 3. 1/2" EXPANSION JOINT MATERIAL SHALL BE PLACED AT ALL P.C.S, P.T.S, CURB RETURNS AND AT NOR MORE THAN 300' INTERVALS. THE EXPANSION MATERIAL SHALL EXTEND THROUGH THE FULL DEPTH OF THE CURB AND GUTTER. 4. NO CURB AND GUTTER SHALL BE PLACED WITHOUT A FORM AND/OR STRINGLINE INSPECTION BY THE CITY ENGINEERING DIVISION. 5. CONCRETE SHALL BE M-4500. 6. CRUSHED GRAVEL BASE SHALL MEET THE REQUIREMENTS OF SECTION 02235 (MPWSS) FOR CURB AND GUTTER REPLACEMENT PROJECTS, WASHED ROCK MAY BE USED FOR THE GRAVEL BASE.7. STANDARD CATCH CURB SHALL MATCH DIMENSIONS OF MONTANA DEPARTMENT OF TRANSPORTATION DETAILED DRAWING NUMBER 609-05. 8. STANDARD CATCH CURB MOLD MAY BE ROTATED ABOUT LIP OF GUTTER TO CONSTRUCT SPILL CURBS. CATCH DROP CURB FOR DRIVEWAYS SPILL CURB CATCH DROP CURB FOR PEDESTRIAN RAMPS 24" -4% SLOPE -4% SLOPE SPILL DROP CURB FOR DRIVEWAYS SPILL DROP CURB FOR PEDESTRIAN RAMPS 2.27" 5.52" 24" 24" 9.5" 1.51" 0.93"2.85" 2.09" 0.17" 7.42" 1.01"6.59" 9.5" CRUSHED GRAVELBASE, 3"MIN. SUB-BASE COURSE AS REQUIRED 9" Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 3'-0" MIN. 2" TO 2 1/2" DIAMETER BRASS CAP WITH ROUNDED TOP, SET FROM REFERENCE POINTS. SURVEYOR TO MARK MONUMENT POINT IN CAP AFTER INSTALLATION. 1/8" TO 1/4" BELOW PAVEMENT STREET PAVEMENT LEAVE GRAVEL EXPOSED FOR DRAINAGE. STANDARD CONCRETE POURED IN PLACE OR PRECAST AND SOLIDLY PLACED. NON REINFORCED 6" MIN., ROUND OR SQUARE WITH 1/2" CHAMFERED CORNERSOR REINFORCED PRECAST 4" SQUARE WITH 1/2" CHAMFERED CORNERS AND 4 NO. 2 REBARS. GRAVEL BASE NOTE:1. MONUMENT BOX TO BE INLAND FOUNDRY CO. PATTERN NO. 1034 OR APPROVED EQUAL. 6" TO 9" BUT NO DEEPER THAN 1/2" ABOVEBOTTOM OF BOX. 6" TO 9" BUT NO DEEPER THAN 1/2" ABOVE BOTTOM OF BOX. TYPE I STREET MONUMENT NO. 02529-3 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 NOTES: 1. CURB & APRON POURED MONOLITHIC UNLESS OTHERWISE APPROVED. 2. SIDEWALK CONTRACTION JOINTS SPACED AT 5' INTERVALS - MIN. DEPTH 1". EXPANSION JOINTS TO BE PLACED AT 25' INTERVALS.3. CONTRACTION JOINTS TO BE SPACED AT 10' INTERVALS IN CURB AND GUTTER. 4. EXPANSION JOINT MATERIAL SHALL BE 1/2" THICK PRE-FORMED BITUMINOUS TREATED FIBERBOARD FILLER ALL CURB REPLACEMENT SHALL BE DONE WITH INTEGRAL CURB AND GUTTER UNLESS OTHERWISE APPROVED. MAINTAIN PROPER SIDEYARD SETBACK PER ZONING REGULATIONS DRIVEWAY THROATRESIDENTIAL: 24' MAX. COMMERCIAL: 35' MAX. INDUSTRIAL: 40' MAX. EXPANSION JOINTS COMPLETELY AROUND SIDEWALK SECTION CONTRACTION JOINT EXPANSION JOINTS AT CURB RETURNS BACK OF CURB FLOW LINE EDGE OF GUTTER PROPERTY LINE A A PROPERTY LINE5.5' (TYP.) B B 1' 5' (TYP.) SIDEWALK BOULEVARD 5.5' (TYP.)1' 4" THICK M-4500 CONCRETE 3" MIN. GRAVEL BASE 5' (TYP.) 1.5% SLOPE TRANSITION SECTION FROM EXISTING CURB TO DROP CURB: SECTION B - B 3' MIN., 5' MAX. SIDEWALK DRIVEWAY 5.5' (TYP.) (VARIES)5' (TYP.) 1' 1.5% SLOPE WASHED ROCK 3" MIN. GRADE ESTABLISHED AS1/4" RISE PER FOOT FROM TOP OF ADJACENT FULL HEIGHT CURB OR MATCH EXISTING SIDEWALK GRADE STREET SURFACE CURB & GUTTERMIN. 6" THICK M-4500 CONCRETE * OR MATCH EXISTING OR REQUIRED SIDEWALK WIDTH SECTION A - A PROPERTY LINE KEY NOTES: PREFERRED CROSS SLOPE IS 1.5%, MAXIMUM CROSS SLOPE IS 2%.1 1 1 DRIVE APPROACH, NON-ARTERIAL WITH BOULEVARD NO. 02529-5A 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SIDEWALK DRIVEWAY APRON 1.5% SLOPE PROPERTY LINE IF SIDEWALK IS ADJACENT TO CURB,INSTALL APPROACH AS PER STANDARD DRAWING 02529-5C, WITH PROPER CURB TRANSITION SECTIONS. EXPANSION JOINTS INSTALL EXPANSION JOINT IF DRIVEWAY IS P.C.C. PAVEMENT CONTRACTION JOINTS (TYP.) - SPACE AT 5' INTERVALS IN SIDEWALK, 10' INTERVALS IN APRON EXPANSION JOINTS AT CURB RETURNS CURB & GUTTER DRIVEWAY (A.C.C. OR P.C.C. PAVEMENT) 5' TYP.5.5' TYP. STREET SURFACE 6" THICK M-4500 CONCRETE WASHED ROCK, 3" MIN. A A 5.5' (TYP.) DRIVEWAY THROATRESIDENTIAL: 24' MAX. COMMERCIAL: 35' MAX. INDUSTRIAL: 40' MAX. VERTICAL CURB OR INTEGRAL CURB & GUTTER 3' TRANSITION TOP OF CURB TO MATCH SIDEWALK SIDEWALKSECTION A - A 5' (TYP.) 1' 10'R KEY NOTES: PREFERRED CROSS SLOPE IS 1.5%, MAXIMUM CROSS SLOPE IS 2%.1 1 DRIVE APPROACH, ARTERIAL WITH BOULEVARD NO. 02529-5B 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 KEY NOTES: PREFERRED CROSS SLOPE IS 1.5%, MAXIMUM CROSS SLOPE IS 2%.1 1 1.5" CONTR A C TI O N J OI N T EXPANSION JOINT EXPANSION JOINT EXPANSION JOINT 1:12 MAX. SLOPE FLOWLINE SIDEW A L K 5' MIN. 1.5% SLOPE COMPACTED SUBGRADE DRIVEWAY 6" M-4500 CONCRETE 1.5" 3" GRAVEL SECTION VIEW TRANSITION SECTION - 5' MINIMUM - 15' FOR NON-RESIDENTIAL APPROACH ON ARTERIAL STREETS DRIVEWAY APPROACH WITH SIDEWALK ADJACENT TO CURB NO. 02529-5C 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 GENERAL NOTES: 1. APPROACH WILL BE PLACED MONOLITHICALLY.2. TAPERS SHALL BE 5' IN LENGTH MINIMUM. 3. JOINTS MAY VERY DEPENDING UPON WIDTH OF APPROACH AND WALK. JOINTS IN THE FLOWLINE ARE TO BE AVOIDED, BUT IF NECESSARY FLOWLINE JOINT SHALL BE SEALED WITHAN APPROVED JOINT SEALER. 4. BOULEVARDS THAT EXCEED 12' IN DEPTH REQUIRE A TRANSVERSE JOINT. INVERT 2" MIN 4.5" MAXC-LINE 0.5" LIP OPTIONAL BOTTOM OF CONCRETE CENTER LINE OF ALLEY (FLOW LINE) 1.5% SLOPE SECTION A - A KEY NOTES: PREFERRED CROSS SLOPE IS 1.5%, MAXIMUM CROSS SLOPE IS 2%. INVERTED ALLEY APPROACH AS REQUIRED FOR DRAINAGE. 2" MINIMUM, 4.5" MAXIMUM. 1 1 CONT R A C TI O N JOINT CONT R A C TI O N JOINT 1.5% S L O P E PROPERTY LINE VARIE S EXPANSION JOINT 5'-0 " 5'-0" NO JOINT NO JOINT 1'-0" 6" 6" 5' SID E W A L K ( T Y P) SLOP E 1. 5 % ( 1: 6 6. 7) 1 A A 2 VAR I E S ALL E Y A P P R O A C H 5' - 0 " M I N TRA N S I T I O N 5' - 0 " M I N TR A N S I T I O N 5.5' BO U L E V A R D 2 C-LINE C-LINE 1 ALLEY APPROACH, WITH BOULEVARD NO. 02529-7A 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 GENERAL NOTES: 1. APPROACH WILL BE PLACED MONOLITHICALLY. 2. TAPERS SHALL BE 5' IN LENGTH MINIMUM.3. JOINTS MAY VERY DEPENDING UPON WIDTH OF APPROACH AND WALK. JOINTS IN THE FLOWLINE ARE TO BE AVOIDED, BUT IF NECESSARY FLOWLINE JOINT SHALL BE SEALED WITH AN APPROVEDJOINT SEALER. 5' CUR B W A L K ( T Y P) SLOPE 1. 5 % ( 1: 6 6. 7) VARIE S VARI E S ALLE Y A P P R O A C H 5' - 0" M I NTRAN S I T I O N CONT R A C TI O N JOINT 5'-0" 5'-0" CONT R A C TI O N JOINT 1.5% S L O P E 5' - 0 " M I N TRA N S I T I O N NO JOINT 1'-0" A A MAX 1:12 6" PROPERTY LINE NO JOINT C-LINE C-LINE 0.5" LIP OPTIONAL BOTTOM OF CONCRETE 1.5% SLOPE SECTION A - A 1 1 KEY NOTES: PREFERRED CROSS SLOPE IS 1.5%, MAXIMUM CROSS SLOPE IS 2%. INVERTED ALLEY APPROACH AS REQUIRED FOR DRAINAGE. 2" MINIMUM, 4.5" MAXIMUM. 1 2 INVERT 2" MIN 4.5" MAX CENTER LINE OF ALLEY (FLOW LINE) 2 1 ALLEY APPROACH, WITH CURB WALK NO. 02529-7B 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 C C VARIES 5' (TYP)VARIES RAMP LANDING TRANSITION RAMP SIDEWALKCURBSTREET 2% TYP.≤ 5% DES.≤ 5% DES.≤ 1.5% DES. 6" 2 3 4 4 5 2 3 4 4 STANDARD CURB SECTION 8 FLARE 6" VARIES DEPRESSED LANDING FLOW LINE DETECTABLE WARNING 3" GRAVEL BASE (TYP.) VARIES 5' (TYP)VARIES VARIES ≤ 8.3% DES.10% MAX 10% MAX FLARE 7 RAMP FLARE FLARE RAMP B B ≤ 1.5% DES. 5' X 5' SIDEWALK LANDING ≤ 1.5% DES.≤ 5% DES. TRANSITION RAMP≤ 5% DES.AA 5' ≤ 5% DES. RAMP RAMP≤ 8.3% DES. FLARE≤ 8.3% DES.10% M A X . FL A R E 24" MIN 1' (TYP.) PL PL 5' SIDEWALK(TYP.) 6'-6" BLVD. (TYP.)BACK OF CURB FLOW LINE STORM DRAIN INLET EXPANSION JOINT (TYP.)9 DOWEL WITH 24" NO. 5 REBAR, 3" INTO BACK OF CURB. 3" CLEAR (TYP. OF 2) 1 DEPRESSED LANDING DETECTABLEWARNING BOTTOM GRADE BRAKE 6 10 EXPANSION JOINT SECTION C - C SECTION A - A SECTION B - B (SEE DRAWING 02529-8B FOR NOTES)TRANSITIONRAMPACCESSIBILITY RAMP DETAIL NO. 02529-8A 10/2024 SCALE: AS SHOWN CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 GENERAL NOTES: 1. THIS DETAIL REPRESENTS A TYPICAL PEDESTRIAN RAMP LAYOUT FOR LOCAL STREETS AND INTERSECTIONS BETWEEN LOCAL STREETS AND COLLECTOR STREETS. DIMENSIONS MAY VARY DEPENDING ON SPECIFIC SITE CONDITIONS AND ALTERNATE LAYOUTS MAY BE ACCEPTABLE. PEDESTRIAN RAMPS SHALL BE CONSTRUCTED IN ACCORDANCE WITH SECTION 608 OF MONTANA DEPARTMENT OF TRANSPORTATION DETAILED DRAWINGS, PUBLIC RIGHT OF WAY ACCESSIBILITY GUIDELINES (PROWAG), AND AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS. 2. REFER TO SECTION 608 OF MONTANA DEPARTMENT OF TRANSPORTATION DETAILED DRAWINGS FOR PEDESTRIAN RAMPS ON COLLECTOR AND ARTERIAL STREETS. 3. REINFORCE CONCRETE RAMPS WITH FIBERMESH™ AT A RATE OF 1-1/2 LBS./CY OR 6 X 6 X 10 GUAGE WIRE MESH. 4. RAMP AND CURB CAN BE PLACED MONOLITHICALLY. KEY NOTES: CURB SHALL NOT HAVE LIP OR OTHER CHANGES IN LEVEL AT TRANSITION TO RAMP. THE DESIRABLE CROSS SLOPE IS 5% (1:20) OR FLATTER. THE MAXIMUM RUNNING RAMP SLOPE IS 8.3% (1:12). THE MINIMUM WIDTH OF RAMP IS 5 FEET. THE DESIRABLE CROSS SLOPE OF LANDING, RAMP OR SIDEWALK IS 1.5% (1:66.7). THE MAXIMUM CROSS SLOPE IS 2% (1:50). THE MINIMUM LENGTH OF LANDING IS 5 FEET. THE LANDING WIDTH SHALL BE EQUAL TO RAMP WIDTH. PROVIDE ADA COMPLIANT DETECTABLE WARNING SURFACES ON BOTTOM GRADE BREAK OF EACH RAMP. DETECTIBLE WARNING SHALL COVER THE ENTIRE WIDTH OF RAMP (EXCLUDING FLARED SIDES) AND BE A MINIMUM OF 2 FEET LONG IN THE DIRECTION OF TRAVEL. BOTTOM GRADE BREAK SHOULD GENERALLY BE LOCATED AT BACK OF CURB AND BOTH ENDS OF BOTTOM GRADE BREAK SHOULD BE LESS THAN 5 FEET FROM BACK OFCURB. THE DESIRABLE SLOPE OF FLARE IS 8.3% (1:12) OR FLATTER. THE MAXIMUM SLOPE OF FLARE IS 10% (1:10). FLARES BETWEEN RAMPS MAY NOT REACH FULL HEIGHT OF STANDARD CURB. CONSTRUCT STANDARD CURB SECTION BETWEEN RAMPS ONLY WHEN MAXIMUM FLARE SLOPE IS NOT EXCEEDED. CURB EXPANSION JOINT SHALL NOT BE LOCATED IN RAMP. STORM DRAIN INLET SHALL BE CONSTRUCTED "UPSTREAM" OF RAMPS. ALTERNATIVE LOCATIONS PERMITTED ONLY UPON APPROVAL BY CITY OF BOZEMAN. 2 1 3 4 5 6 7 8 9 10 ACCESSIBILITY RAMP DETAIL - NOTES NO. 02529-8B 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 NOTES: 1. THE LOCATION OF THE CROSSWALK LINES ARE DEPENDENT UPON LOCATION OF THESIDEWALKS. 2. 4' MINIMUM FOR SINGLE LANE APPROACHES. FOR MULTI-LANE APPROACHES , SETBACK BASED ON ENGINEERING DESIGN. 3. USE YIELD LINE FOR UNCONTROLLED CROSSINGS, STOP LINES FOR CONTROLLED CROSSINGS. SEE NOTE 2 24" WHITE STOP LINE 8' 8" WHITE STANDARD 24" WHITE STOP LINE 4' MIN.4' MIN. STANDARD 1' FROM EDGE OF GUTTER OR FACE OF VERTICAL CURB TYPICAL PAVEMENT MARKINGS, TYPE A CROSSINGS NO. 02581-1 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SCHOOL CROSSING OR UNCONTROLLED CROSSING YIELD LINE SEE NOTE 3SPACE BARS TO BE OUT OF WHEEL PATHS 8' TYPICAL 2' MIN. 3.5' MAX 2' 1' NOTES: 1. THE LOCATION OF THE CROSSWALK LINESARE DEPENDENT UPON LOCATION OF THE SIDEWALKS. 2. USE YIELD LINE FOR UNCONTROLLED CROSSINGS, STOP LINE FOR CONTROLLEDCROSSINGS. 3. 4' MINIMUM FOR SINGLE LANE APPROACHES. FOR MULTI-LANE APPROACHES, SEE MUTCD SEC 3B-16.4' MIN.3' 2' SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING TYPICAL PAVEMENT MARKINGS, TYPE B CROSSINGS NO. 02581-2 10/2024 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 44" O.D. 4" 3' - 0" 24" ROUND OPENING AS REQUIRED 6" 9" SUMP 6" PRECAST BASE BLOCK OUT FOR LATERAL PIPE INLET CASTINGNEENAH R-3067-L, EJIW 7030, DEETER 2047L, OR D&L I-3517 4" MINIMUM, 7" MAXIMUM OPENING 3' I.D. PRECAST REINFORCEDCONCRETE PER ASTM C478 FLAT SLAB COVER NOTES:1. MAINTAIN ADEQUATE COVER OVER STORM DRAINAGE PIPE PER MANUFACTURER RECOMMENDATIONS. 2. BASE AND WALLS MAY BE MONOLITHIC. 3. STRUCTURE SHALL BEDESIGNED IN ACCORDANCE WITH ASTM 857. 36" STANDARD STORM DRAIN INLET NO. 02720-1A 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 4" MINIMUM, 7" MAXIMUM OPENING 2' 3' 3' 4' 6" INLET CASTING NEENAH R-3067-L, EJIW 7030, DEETER 2047L, OR D & L I-3517 TRANSITION CURB & GUTTER TO MATCH INLET CASTING(TYPICAL FOR ALL INLETS) 5' 3' x 2' PRECAST REINFORCED CONCRETE BLOCK OUT FORLATERAL PIPE 12" RCP (TYP.) 6" NOTES:1. CURB AND GUTTER TO BE WARPED TO MATCH INLET. 2. DESIGNERS WILL PROVIDE ADDITIONAL DESIGN DETAILS TO FIT SPECIFICCONDITIONS. 3. MAINTAIN ADEQUATE COVER OVER STORM DRAINAGE PIPE PERMANUFACTURER RECOMMENDATIONS. 4. BASE AND WALLS MAY BE MONOLITHIC. 5. STRUCTURE SHALL BE DESIGNED IN ACCORDANCE WITH ASTM 857. 1" MAX. OFFSET ALLOWED FOR CASTING BACK PIECE ADJUSTMENT VARIABLE 9" SUMP SIDE VIEW FRONT VIEW VARIABLE STANDARD SQUARE STORM DRAIN INLET NO. 02720-1B 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 36" 4' 24" x 36" OPENING 24" 9" SUMP 4' DIA. PRECAST REINFORCED CONCRETE MANHOLE AND BASE PER STANDARD DRAWING NO. 02720-4 INLET CASTINGNEENAH R-3067-L, EJIW 7030, DEETER 2047L, OR D&L I-3517 4" MINIMUM, 7" MAXIMUM OPENING ONE EXTRA BAR IN BOTTOM(ALL SIDES) FLAT SLAB COVER REINFORCEMENT AS PER STANDARD DRAWING 02720-6 6" FLAT SLAB COVER NOTES: 1. MAINTAIN ADEQUATE COVER OVER STORM DRAINAGEPIPE PER MANUFACTURER RECOMMENDATIONS. 2. BASE AND WALLS MAY BE MONOLITHIC. 3. STRUCTURE SHALL BE DESIGNED IN ACCORDANCE WITH ASTM 857. BLOCKOUT FOR MAIN COMBINATION MANHOLE AND CURB INLET NO. 02720-1C 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 PRECAST BASE UNLESS OTHERWISE APPROVED BY CITY. MINIMUM THICKNESS IS 6". TOP OF PIPE MAY NOT EXTEND PAST INSIDEWALL OF MANHOLE. IF NECESSARY TOP HALF OF PIPE MAY BE TRIMMED OFF SMOOTH. (8" DIAMETER ONLY) FLEXIBLE GASKETED JOINT (TYPICAL FOR PRECAST BASES - SEE DETAIL) PRE-CAST CHANNEL FLOWLINE PRECAST REINFORCED CONCRETE MANHOLE RISER AND ECCENTRIC CONE TOP MANUFACTURED IN ACCORDANCE WITH ASTM C-478. GROUT INVERT TOSPRINGLINE OF PIPE IF GAP BETWEEN PIPE AND CHANNEL IS GREATER THAN 1/8". FRAME AND COVER TO BE D&L A-1178, EJIW3771/ 3772 SERIES, OR APPROVED EQUAL. COVERS SHALL HAVE TWO 1" PICK HOLES. CONSTRUCT CONCRETE COLLAR PER STD. DRAWING 02213-1. MANHOLE STEPS UNIFORMLY SPACED, 16" MAX ON CENTER ADJUSTABLE RINGS,2" MIN., 12" MAX. NOTES: 1. ALL JOINTS BETWEEN MANHOLE SECTIONS, MANHOLE RING & TOP SECTION, AND AROUND SEWER PIPE INTO MANHOLE SHALL BE WATERTIGHT. JOINTING MATERIAL SHALL BE "RAM-NEK" OR EQUAL FOR ALL JOINTS EXCEPT BETWEEN SEWER PIPE AND MANHOLE.2. STORM DRAIN MANHOLES SHALL NOT HAVE FORMED CHANNELS AND THE LOWEST PIPE INVERT SHALL BE 9" HIGHER THAN BOTTOM OF MANHOLE. CHANNEL = DIA. OF PIPE SLOPE AT 1" PERFOOT CHANNEL TO FULL PIPE DEPTH RADIUS OFMANHOLE 5'-10" DIA. (MIN.) 4'-0" (MIN.) 2'-0" SHELF-SLOPE 1" PER FOOT TOWARD CHANNEL. SEECHANNEL DETAIL. 7" 4'-0" VARIABLE 12" MAX. (TYPICAL FORPOURED-IN-PLACEBASES)DIA. OF SEWER PIPE A A SECTION A - A STEPS SHALL BE ALIGNED WITH MANHOLE BENCH UNLESS OTHERWISE APPROVED. FRAME AND COVER CHANNEL BENCH PLAN VIEW CL SANITARY SEWER AND STORM DRAIN MANHOLE NO. 02720-3 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SEE SECTION 098102.2 FOR SIGN SIZES 24" 4" 9" SIGN POST FOUNDATION DETAIL REGULATORY SIGNSTREET MARKER SIGN FLAT BLADE STREET NAME SIGN BLANKS MOUNTED BACK TO BACK ON POST REGULATORY SIGN BLANK AS PER MUTCD STANDARDS, SIZE AS SPECIFIED ON PLANS 2" PERFORATED SQUARE TUBE POST(TELSPAR OR APPROVED EQUAL) FINISH GRADE 2" PERFORATED SQUARE TUBE POST (14 GAUGE) 4,000 PSI CONCRETE ANCHOR INSERT SIGN POST 18" INTO SLEEVE 2 1/4" X 30" 12 GAUGE NON-PERFORATED SQUARE TUBE SIGN POST SLEEVE (TELSPAR"QUIK PUNCH" OR APPROVED EQUAL) FASTEN POST TO SLEEVE WITH 5/16" CORNER BOLT (A325) 1 1/2" ABOVE FINISH GRADE. INSERT BOLT HEAD FROM OPPOSITE SIDE OF EXPECTED IMPACT. INSERT DRIVE RIVET INTO OPPOSITE SIDE. S. WILLSON AVE 10' 7' MIN. 2" 2' MIN. 2' MIN. NOTES: 1. ATTACH SIGNS TO POST WITH 3/8" DRIVERIVETS (MIN. 2 PER SIGN). 2. ALL SLEEVES AND SIGN POSTS SHALL BE INSTALLED PLUMB. SIGN INSTALLATION STANDARDS NO. 09810-1 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 5' 9' TYP 2' MIN CLEARANCEFROM FACE OF CURB TO EDGE OF SIGN STREET MARKER SIGN CROSSWALK NO. 09810-3 10/2024 SCALE: NONE CITY OF BOZEMAN STANDARD DRAWING STANDARD STREET MARKER SIGN LOCATION Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 2026 STREET IMPROVEMENTSCITY OF BOZEMAN, MONTANAMARCH 2026VICINITY MAPSGENERAL NOTESKELLEN M. GAMRADTNo. 40758PEMONTANALIENEDCCLEGENDMILL & OVERLAYFRICTION SEALCHIP SEALADA RAMP IMPROV.INDEXDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////0+001+002+003+004+005+006+007+008+009+0010+00///////////////////////////////////////////////////////////////////////////////////////////////////////////////10+0011+0012+0013+0014+0015+0016+0017+0018+0019+0020+00 WATER VALVESEWER MANHOLESTORM DRAINSTORM MANHOLELIMITS MILL OVERLAYAREA OF MILL OVERLAYEDGE OF PAVEMENT///LEGENDSTORM INLETSTA 0+15 BEGINCONSTRUCTION STA 10+20 MATCH LINE STA 10+20MATCH LINE S WILLSON AVE S TRACY AVE S BLACK AVE S ROUSE AVE S BOZEMAN AVE 2" MILL & OVERLAYSECTION 12" MILL & OVERLAYSECTION 12" MILL & OVERLAYSECTION 1LIMITS OF MILL/OVERLAY(TYP)LIMITS OF MILL & OVERLAY(TYP)E BABCOCK STE BABCOCK STSTA 17+22 END CONSTRUCTION STREET LIGHTFIRE HYDRANTDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 ///////////////////////////////////////////////////////////////////////////////////////////////////0+001+002+003+004+005+006+007+008+009+0010+00////////////////////////////////////////////////////////////////////////////////////10+0011+0012+0013+0014+0015+0016+0017+0017+24 WATER VALVESEWER MANHOLESTORM DRAINSTORM MANHOLELIMITS MILL OVERLAYAREA OF MILL OVERLAYEDGE OF PAVEMENT///LEGENDSTORM INLETSTA 0+23BEGIN CONSTRUCTIONAT EXISTING ASPHALT SEAM STA 16+95END CONSTRUCTIONAT EXISTING ASHPALTSEAMLIMITS OF MILL/OVERLAY(TYP)LIMITS OF MILL/OVERLAY(TYP)2" MILL/OVERLAYSECTION 12" MILL/OVERLAYSECTION 12" MILL/OVERLAYSECTION 1FLANDERS MILL RD ANDALUSIAN AVE RIATA RD RIATA R D BAXTER LNBAXTER LNBAXTER LNSTREET LIGHTFIRE HYDRANTSTA 10+00 MATCH LINE STA 10+00MATCH LINE Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 ///////////////////////////////////////////////////////////////////////////////////////0+001+002+003+004+005+006+007+008+009+00///////////////////////////////// // / /////////////////////////////////// /10+0011+0012+0013+0014+0015+0016+0017+0018+0019+00 WATER VALVESEWER MANHOLESTORM DRAINSTORM MANHOLELIMITS MILL OVERLAYAREA OF MILL OVERLAYEDGE OF PAVEMENT///LEGENDSTORM INLETDURSTON ROAD N 15TH AVEN 15TH AVEMAE STN 15TH AVEJUNIPE R S T ROY ST JUNI P E R S T STA 18+ 0 0 MATCH L I N E STA 0+21MATCH LINE STA 9+40 MATCH LINE STA 9+40MATCH LINE 2" MILL/OVERLAYSECTION 12" MILL/OVERLAYSECTION 12" MILL/OVERLAYSECTION 1EXCLUDE CONCRETECROSSWALK FROMMILL/OVERLAY (TYP)EXCLUDE CONCRETECROSSWALKS FROMMILL/OVERLAY (TYP)EXCLUDE CONCRETECROSSWALKS FROMMILL/OVERLAY (TYP)STREET LIGHTFIRE HYDRANTCONCRETE CROSSWALKDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 ////////////////////////////////////////// ////////////////////////////////////////////////17+0018+0019+0020+00 21+0022+0023+0024+0025+0026+0027+0028+00 WATER VALVESEWER MANHOLESTORM DRAINSTORM MANHOLELIMITS MILL OVERLAYAREA OF MILL OVERLAYEDGE OF PAVEMENT///LEGENDSTORM INLETW OAK ST W OAK STREETN 15TH AVEN 15TH AVESTA 18+00MATCH LINE STA 26+94 END CONSTRUCTION2" MILL/OVERLAYSECTION 12" MILL/OVERLAYSECTION 1 EXCLUDE CONCRETECROSSWALKS FROMMILL/OVERLAY (TYP)STREET LIGHTFIRE HYDRANTCONCRETE CROSSWALKDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////0+001+002+003+004+005+006+007+008+00/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////8+009+0010+0011+0012+0013+0014+0015+0016+00S WILLSON AVES WILLSON AVE S TRACY AVE S BLACK AVE S BLACK AVE S BOZEMAN AVE E BABCOCK AVEE BABCOCK AVESTA 8+20 MATCH LINE STA 8+20MATCH LINE STA 16+00 MATCH LINE Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////16+0017+0018+0019+0020+0021+0022+0023+0024+00S ROUSE AVE S CHURCH AVEE BABCOCK STREETSTA 16+00MATCH LINE Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 //////////////////////////////////////////////////////////////////////////////////////////////////////0+001+002+003+004+005+006+007+008+00///////////////////////////////////////////////////////////////////////////////////////////////////////////////9+0010+0011+0012+0013+0014+0015+0016+0017+0017+24BAXTER LANEBAXTER LANEANDALUSIAN AVE FLANDERS MILL ROAD RIATA ROAD RIATA ROADBAXTER LANESTA 8+60 MATCH LINE STA 8+60MATCH LINE Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 /////////////////////////////////////////////////////////////////////////////////////////////////////////0+001+002+003+004+005+006+007+008+00////////////////////////////////////////////////////////////////////////////////////////////////8+009+0010+0011+0012+0013+0014+0015+00DURSTON ROAD DURSTON ROAD N 15TH AVEN 15TH AVEMAE STREET JESSIE WAY JUNI P E R S T R E E T STA 7 + 6 0 MATC H L I N E STA 7+60MATCH LINE STA 15+20 MATCH LINE Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 ///////////////// / // / // / ///////////////////////////// / /// // /////////////15+0016+0017+0018+0019+0020+0021+0022+00///////////////////////////////////////////////////////////////////////////22+0023+0024+0025+0026+0027+0028+00N 15TH AVEN 15TH AVEN 15TH AVEW OAK STREET N 15TH AVESTA 15+20MATCH LINE STA 22+60 MATCH LINE STA 22+60MATCH LINE //////11'5'12'11'5'LANE WIDTH DETAILDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 NTSDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 ///////// /// /// /// /////////////////////////////////////////////NTSN 27TH AVENUEMcCORMICK STREETW OAK STREET27TH AND OAK STRIPING DETAIL/////////24.5'6.5'6.5'11.5'11.5'LANE WIDTH DETAILDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 ////////////////////////////////////////////////////////////////////////////////////////////////////////////0+001+002+003+004+005+006+007+00///////////////////////////////////////////////////// / ////////////////////////////////////////////////8+009+0010+0011+0012+0013+0014+0015+00W COLLEGE STW COLLEGE STHUFFINE LANES 29TH AVEPROFESSIONAL DRIVEW COLLEGE STSTA 7+60 MATCH LINE STA 7+60MATCH LINE STA 15+00 MATCH LINE LANE WIDTH DETAIL///11'11'12'11'7'Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////15+0016+0017+0018+0019+0020+0021+00////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////21+0022+0023+0024+0025+0026+0027+0028+001"=60'PRINT ON 11"x17"W COLLEGE STW COLLEGE STS 23RD AVENUE PROFESSIONAL DRIVES 23RD AVENUE STA 15+00MATCH LINE STA 21+40 MATCH LINE STA 21+40MATCH LINE STA 28+40 MATCH LINE/////////LANE WIDTH DETAIL3' BUFFER12'11'7'11'11'6'////////////6'LANE WIDTH DETAIL3' BUFFER11'12'11'6'3' BUFFERDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////28+0029+0030+0031+0032+0033+0034+0035+0035+40S 19TH AVENUE W COLLEGE STS 19TH AVENUE STA 28+40MATCH LINE /////////LANE WIDTH DETAIL12'11'7'11'11'6'3' BUFFERDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 5'BIKE LANE9.5'DRIVING LANE9.5'DRIVING LANE32'5'7'PARKINGDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 S WILLSON AVENUEE BABCOCK STREETS TRACY AVENUEE BABCOCK STREETS BLACK AVENUEE BABCOCK STREETS ROUSE AVENUEE BABCOCK STREET1"=20'1"=20'1"=20'1"=20'Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 N.T.S.////////////////////////////////////3+00///////// //////////////////////////////9+00N 15TH AVEMAE STREETREMOVE EXISTING RAMPINSTALL 6" THICKCONCRETE RAMP &24"x48" DETECTABLEWARNING PANELREMOVE EXISTING ADARAMPSINSTALL 6" THICKCONCRETE RAMP &24"x48" DETECTABLEWARNING PANELREMOVE EXISTING ADA RAMPSINSTALL 6" THICK CONCRETERAMP & 24"x48" DETECTABLEWARNING PANELN 15TH AVEREMOVE EXISTING ADA RAMPSINSTALL 6" THICK CONCRETERAMPS & 24"x48" DETECTABLEWARNING PANELSREMOVE EXISTING ADA RAMPSINSTALL 6" THICK CONCRETERAMPS & 24"x48"DETECTABLE WARNINGPANELSREMOVE EXISTINGADA RAMPSINSTALL 6" THICK CONCRETERAMPS & 24"x48"DETECTABLE WARNINGPANELSREMOVE EXISTINGADA RAMPSINSTALL 6" THICK CONCRETERAMPS & 24"x48"DETECTABLE WARNINGPANELSJESSIE WAY Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 /////////////////////////////////14+00///////////////////////////////////////17+00///////////////////////////////////////22+00JUNIPER STREETREMOVE EXISTING RAMPSINSTALL 6" THICKCONCRETE RAMPS &24"x48" DETECTABLEWARNING PANELSREMOVE EXISTING ADARAMPSINSTALL 6" THICKCONCRETE RAMP &24"x48" DETECTABLEWARNING PANELN 15TH AVEREMOVE EXISTINGADA RAMPSINSTALL 6" THICK CONCRETERAMPS & 24"x48"DETECTABLE WARNINGPANELSPRIVATE DRIVE ACCESS N 15TH AVEN 15TH AVEREMOVE EXISTING RAMPSINSTALL 6" THICKCONCRETE RAMPS &24"x48" DETECTABLEWARNING PANELSREMOVE EXISTING ADARAMPSINSTALL 6" THICKCONCRETE RAMP &24"x48" DETECTABLEWARNING PANELREMOVE EXISTINGADA RAMPINSTALL 6" THICK CONCRETERAMP & 24"x48" DETECTABLEWARNING PANELREMOVE EXISTINGADA RAMPINSTALL 6" THICK CONCRETERAMP & 24"x48" DETECTABLEWARNING PANELREMOVE EXISTINGADA RAMPINSTALL 6" THICK CONCRETERAMP & 24"x48" DETECTABLEWARNING PANELREMOVE EXISTINGADA RAMPINSTALL 6" THICK CONCRETERAMP & 24"x48" DETECTABLEWARNING PANELDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 1.9%0.5%0.6%0.9%0.8%6.8%0.5%3.0%1.5% 1.5% 4.9% 5. 6% 0.5%1.3%1. 4% 0.5%0.4%1. 7%0.3%1.7%4.6%0.1%4.3%1.9%0.8%1.7%2.7%0.7%1.0%1.5%2.8% 2. 5% 1.6 % 1.5%0.9%3.0%4.9'6.8'10.0'9.3'6.0'7. 8 '9.7'10.8 '6.0'9.2'7.3'5.0' 1. 4 '5.3'5.2'5.0'6.0' 5.3' 1.9'0.5'6.0'1.9'4.5'2.9'7.5'3.2'4.5'4.4 ' 6. 3 ' 5.4' 3.3'1.7'4.9'6.0' 4.0' 5.9'8.5'10.0'9.4'6.0'3.7%3.8'0.5%6.4%4.8%7.0%8.3%3.2% 7. 0%2.2%4.6% R10.0' R10.0'R15.0'0.0%3.3'EAST BABCOCK STREETSOUTH BLACK AVENUE ADJUST FIBER OPTIC VAULT TOBE FLUSH WITH SIDEWALKDO NOT EXCEED 2% SLOPEIN ANY DIRECTIONPROTECT IN PLACEEXISTING LANDSCAPINGBOULDERSPROTECT IN PLACEEXISTING LUMINAIREREMOVE EXISTINGSTORM DRAIN INLETAND ABANDON EXISTINGSTORM DRAIN PIPE INPLACEPROTECT IN PLACEEXISTING LANDSCAPINGCURBPROPOSEDCONCRETE SIDEWALKREPLACEMENTPROPOSEDDECORATIVE STAMPEDCONCRETE2' WIDE FULL DEPTHASPHALT REMOVAL ANDREPLACEMENT, EXTEND1' BEYOND LIMITS OFPROPOSED CURBDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 21.3'6.0'5.0'6.8'7.1'9.3'7.1' 5.9' 5. 1 ' 5.0'7.0'6.0'6.4'2.9'7.5'7.2'8.7'11.4'4.5%0.5%1.2%0.5%5.5%1.5%6.8%6.8%5.2%4.8% 0.1% 1.6% 1.5%0.4%0.8%0.8%0.5%0.0% 1.4%1.4%0.5%0.4%0.5%1.4%1.3%1.0%1.6%1.2%2.1%3.1% 2. 1%2.1%0.3%4.2%4.5'2.7' 5.4'4.8'4.3'5.2'6.0'R 1 5 . 0 'R10.0'R10.0'2.5'4.6'11.1'4.6'0.4%4.2' 2.5%0.8%0.5% 3.0% 3.8%3.3%1.7%EAST BABCOCK STREETSOUTH BOZEMAN AVENUEPROTECT IN PLACEEXISTING LANDSCAPINGVEGETATIONADJUST FIBER OPTIC VAULT TOBE FLUSH WITH SIDEWALKPROTECT IN PLACEEXISTING LUMINAIREPROPOSEDCONCRETE SIDEWALKREPLACEMENTPROPOSEDDECORATIVE STAMPEDCONCRETE2' WIDE FULL DEPTHASPHALT REMOVAL ANDREPLACEMENT, EXTEND1' BEYOND LIMITS OFPROPOSED CURBDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 0.4%1.4% 0.6%7.5%0.1% 2.1% 1.0%2.3%6.4% 4. 6 %0.8%0.4%0.3%0.5%0.5%1.1%1. 4%5.2%0. 3% 2. 3 % 0. 0%2.7%2.5%2.2%2. 7 % 1.0%2.5%1.4%1.2%0.4%5.0'10.9'4.6'4.6'6.0'7.0' 4.9'21.4'5.9'9. 2 '5.0'7.0'5.2' 4.8' 4. 4 '5.3'6.2' 5 . 3 ' 7.2 ' 5.1'5.7' 5.1' 7. 5 '7.9'1.1'7. 2 'R15.0'R10.0' R10.0'4.2'5.2'2.7%7.9%1.3%0.6% 5.8' 1.2' 1.7% 9.0 %6.8% 4.7% 0.2%4.9'6.7%1.3% 3.5%2.5'2.4'EAST BABCOCK STREETSOUTH BOZEMAN AVENUEPROPOSEDCONCRETE SIDEWALKREPLACEMENTPROPOSEDDECORATIVE STAMPEDCONCRETE2' WIDE FULL DEPTH2' WIDE FULL DEPTHASPHALT REMOVAL ANDREPLACEMENT, EXTEND1' BEYOND LIMITS OFPROPOSED CURBDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 N = 119616.4813E = 383231.2628CONNECT TO EXISTING S.D. MANHOLERIM = 4815.69INV. IN (S) (EXIST.) = 4810.83INV. IN (SE) (EXIST.) = 4811.3912" INV. IN (SW) = 4811.39INV. OUT (NW) = 4810.83SD S D SD S D S D INSTALL 26LF12" SDR-35 PVC PIPE @ 4.58%EAST BABCOCK STREETSOUTH BOZEMAN AVENUEN = 119598.8365E = 383210.7474S.D. INLET #2@TBCTBC = 4815.93INV (NE) = 4812.58SEE COB DETAIL 02720-1CCORE EXISTING CONCRETEMANHOLE STRUCTURE ATPOINT OF PROPOSEDSTORM DRAIN PIPEPENETRATIONREMOVE EXISTING S.D. INLETAND ABANDON EXISTING S.D. PIPEN = 119646.1588E = 382813.0519S.D. INLET #1@TBCTBC = 4814.09INV (SE) = 4810.74SEE COB DETAIL 02720-1BN = 119619.7366E = 382878.1569CONNECT TO EXISTING S.D. MANHOLERIM = 4814.21INV. IN (SE) (EXIST.) = 4810.05INV. IN (SW) (EXIST.) = 4810.3012" INV. IN (NW) = 4809.90INV. IN (S) (EXIST.) = 4809.58INV. OUT (N) = 4809.53EAST BABCOCK STREETSOUTH BLACK AVENUESDSDSDSDSDSD SD4°3°20.0'MAINTAIN 1.0' SEPARATION BETWEENPROPOSED STORM DRAIN PIPEAND EXISTING WATER VALVEINSTALL 69LF12" SDR-35 PVC PIPE @ 1.22%Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EAST BABCOCK STREETSOUTH BLACK AVENUE DO NOT DISTURBR1-1 (EXISTING)R6-1 (EXISTING)REMOVEW11-2W16-7PNEWR1-5 (36" X 36")REMOVEW11-2W16-7PNEW SIGN POSTR1-5 (36" X 36")REUSE"NO PARKING HERE TO CORNER" (EXISTING)NEWW11-2 (36" X 36")W16-7PR (21" X 15")R5-1 (36" X 36")NEWW11-2 (36" X 36")W16-7PL (21" X 15")R5-1 (36" X 36")Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 SOUTH BOZEMAN AVENUEEAST BABCOCK STREETNEWR1-5 (36" X 36")REUSE"NO PARKING 2AM - 7AM" (EXISTING)REMOVE SIGN POSTREMOVE SIGN POSTDO NOT DISTURBR1-1 (EXISTING)R6-1 (EXISTING)NEWR1-5 (36" X 36")REUSENO PARKING ANYTIME (EXISTING)REMOVE SIGN POSTNEWW11-2 (36" X 36")W16-7PR (21" X 15")R5-1 (36" X 36")NEWW11-2 (36" X 36")W16-7PL (21" X 15")R5-1 (36" X 36")Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 EAST BABCOCK STREETSOUTH BLACK AVENUE 100104105101102103106107112113116121122111114115117118119120123124125108110109EAST BABCOCK STREETSOUTH BOZEMAN AVENUE200201202203204205206207208209210211212214215216218220221222223224300307301302303304305306317308309310311312313314315316318319320219217213 Point TablePoint #100101102103104105106107108109110111112113114115116117118119120121122123124125Raw DescriptionSW - EXISTINGSW - PROPOSEDSW - EXISTINGSW - PROPOSEDSW - EXISTINGSW - EXISTINGTBC - PC - EXISTINGTBC - PTTBC - STORM DRAIN INLETTBC - STORM DRAIN INLET MID. PT.TBC - STORM DRAIN INLETTBC - GRADE BREAKTBC - PCTBC - PTTBC - FLARETBC - LAYDOWNTBC - PCTBC - LAYDOWNTBC - FLARE - 4" CURBTBC - LAYDOWNTBC - LAYDOWNTBC - PTTBC - FLARE - EXISTINGTBC R=10'TBC R=10'TBC R=15'Elevation4813.7384813.9904814.0774813.9904813.8104813.6804813.6434813.8494814.0944814.0944814.0944814.3004814.3334814.3564814.3704813.8704813.8624813.7904813.9304813.5004813.4104813.5634813.6500.0000.0000.000Northing119653.2419119653.2604119653.2875119653.3125119653.3291119658.6068119648.3499119647.8369119646.6228119646.1588119645.6947119643.3202119641.8859119641.3728119641.3734119641.3787119641.3791119642.0640119643.9548119648.3993119653.4015119656.7054119658.5958119638.3499119651.3728119656.3791Easting382804.8128382811.6317382821.6086382830.9468382836.9468382842.7248382804.8181382808.0170382811.6595382813.0519382814.4442382821.5682382825.8718382829.0413382830.9574382836.9574382837.4871382841.9568382845.8805382850.1772382852.1774382852.4723382852.4312382804.8550382829.0338382837.4759Point TablePoint #200201202203204205206207208209210211212213214215216217218219220221222223224Raw DescriptionTBC - PC - EXISTINGTBC - PTTBC - PCTBC - PTTBC - FLARETBC - PCTBC - LAYDOWNTBC - LAYDOWNTBC - FLARE - 4" CURBTBC - LAYDOWNTBC - LAYDOWNTBC - PTTBC - STORM DRAIN INLETTBC - STORM DRAIN INLET MID. PT.TBC - STORM DRAIN INLETTBC - EXISTINGSW - EXISTINGSW - PROPOSEDSW - PROPOSEDSW - PROPOSEDSW - EXISTINGSW - EXISTINGTBC R =10'TBC R = 10'TBC R = 15'Elevation4815.5304815.6254815.8544815.9484816.0004815.6664815.5904815.6204815.9104815.6604815.5894815.7354815.9304815.9304815.9284815.8004815.8624815.9674815.9904816.0204815.7504815.6100.0000.0000.000Northing119611.9314119613.0562119618.1840119619.3088119619.3510119619.4571119619.4384119618.2823119616.0650119612.4825119607.5104119604.4698119600.3666119598.8365119597.4332119593.2033119593.2530119597.4374119600.3704119600.2907119600.2163119612.2317119621.9294119609.3108119604.4601Easting383169.3882383173.7987383183.6649383188.0753383190.5564383195.4464383196.5557383201.5746383205.2522383208.4226383210.4348383210.7482383210.7508383210.7474383210.7504383210.7466383203.2350383203.2600383203.2705383196.8344383190.8318383190.6569383169.1870383188.2765383195.7482Point TablePoint #300301302303304305306307308309310311312313314315316317318319320Raw DescriptionSW - EXISTINGSW - EXISTINGSW - EXISTINGSW - EXISTINGSW - EXISTINGSW - EXISTINGSW - EXISTINGTBC - PC - EXISTINGTBC - PTTBC - PCTBC - PTTBC - FLARETBC - LAYDOWNTBC - LAYDOWNTBC - FLARETBC - LAYDOWNTBC - LAYDOWNTBC - FLARE - EXISTINGTBC - R=10.0TBC - R=10.0'TBC - R = 15.0'Elevation4815.3344815.4484815.4304815.4504815.4504815.4204815.3604815.2304815.3584815.6564815.7824815.8504815.3804815.3204815.6794815.0404814.9904815.1900.0000.0000.000Northing119656.1234119656.2496119656.2847119657.4160119662.5209119662.6081119665.0094119651.1058119650.1121119645.3491119644.3498119644.3812119644.4794119645.6993119648.6235119654.6278119659.6278119665.3133119641.1122119654.3490119659.4457Easting383169.0375383190.3286383196.2523383196.4613383201.4731383202.5907383202.5615383169.1207383173.6124383183.4459383187.9322383190.4064383196.3916383201.3893383205.7727383209.5914383210.3871383210.4110383169.2532383187.8051383195.3862PROJECT SURVEY CONTROL (LDP)Point #234525Northing (IFT)119593.20119655.79119663.26119658.95119586.30Easting (IFT)383196.87382906.97383287.55383266.44382839.02Elevation (USSF)4816.104816.434815.474817.514814.93DescriptionCP /SPIKECP /ARROW BOLT ON HYDRANTCP /SPIKECP /SW BOLT ON HYDRANTCP /2"ACRSSCNTLMONBASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY HAS BEEN DERIVEDFROM GPS OBSERVATIONS AND IS BASED ON A NAD 83, LAMBERT CONFORMAL CONIC,SINGLE PARALLEL, LOW DISTORTION PROJECTION FOR THE CITY OF BOZEMAN,HAVING A POINT OF ORIGIN AT 46°15'00”N LATITUDE AND 111°15'00”W LONGITUDE WITHA SCALE FACTOR OF 1.000185. AT CONTROL POINT 2, THE COMBINED SCALE FACTORIS 1.0000060558; THE CONVERGENCE ANGLE IS 0°09'21". DISTANCES AREINTERNATIONAL FEET. FOR THIS SURVEY, GRID DISTANCE IS ESSENTIALLY EQUAL TOGROUND DISTANCE.Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 12"11'THRU LANEWESTBOUND13'LEFT TURN LANE50'11'THRU LANEEASTBOUND4"5.5'BIKE LANE5.5'BIKE LANE8"4"12"10'THRU LANEWESTBOUND11'LEFT TURN LANE48'10'THRU/RIGHT TURN LANE4"6.5'BIKE LANE6.5'BIKE LANE8"4"12"10'THRU LANESOUTHBOUND48'10'THRU LANENORTHBOUND4"5.5'BIKE LANE5.5'BIKE LANE4"4"4"8'PARKING LANE8'PARKING LANEDocusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Docusign Envelope ID: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Certificate Of Completion Envelope Id: 46B6A615-4F26-8B9B-8165-A68C185A5AB4 Status: Completed Subject: Complete with Docusign: 2026 Street Maintenance Contract.pdf Source Envelope: Document Pages: 277 Signatures: 4 Envelope Originator: Certificate Pages: 4 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 1 PO Box 1230 Bozeman, MT 59771 mike.maas@bozemanmt.gov IP Address: 155.190.9.4 Record Tracking Status: Original 5/13/2026 11:06:47 AM Holder: Mike Maas mike.maas@bozemanmt.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Derek Swenson derek@highcountrypaving.com President Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 2600:1006:b0aa:c44a:3d96:341d:ea06:72e2 Signed using mobile Sent: 5/13/2026 11:23:33 AM Viewed: 5/13/2026 5:17:02 PM Signed: 5/13/2026 5:18:56 PM Electronic Record and Signature Disclosure: Accepted: 5/13/2026 5:17:02 PM ID: 53a4b215-f181-400c-b5d7-0ada360fde5c Greg Sullivan greg.sullivan@bozemanmt.gov City of Bozeman Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 2600:6c67:2900:123:ed55:8944:9761:c3f Sent: 5/13/2026 5:19:01 PM Viewed: 5/14/2026 8:37:23 AM Signed: 5/14/2026 8:37:36 AM Electronic Record and Signature Disclosure: Accepted: 5/14/2026 8:37:23 AM ID: 573408f8-943c-4df6-b55b-8428ffc8116e Chuck Winn chuck.winn@bozemanmt.gov City Manager 15 Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:100e:b091:9064:e0bc:23d8:2cd1:74bc Signed using mobile Sent: 5/14/2026 8:37:43 AM Viewed: 5/14/2026 10:01:54 AM Signed: 5/14/2026 10:02:09 AM Electronic Record and Signature Disclosure: Accepted: 5/14/2026 10:01:54 AM ID: d6ea81ee-dbfe-4e19-8e41-32a6c4dd9a18 Signer Events Signature Timestamp Mike Maas mike.maas@bozemanmt.gov City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.114 Sent: 5/14/2026 10:02:13 AM Viewed: 5/14/2026 10:16:19 AM Signed: 5/14/2026 10:16:29 AM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Kellen Gamradt kellen.gamradt@bozemanmt.gov Security Level: Email, Account Authentication (None) Sent: 5/13/2026 11:23:31 AM Viewed: 5/13/2026 11:23:58 AM Electronic Record and Signature Disclosure: Accepted: 3/30/2026 11:26:46 AM ID: 38741033-85f8-48d9-856e-904447811df7 Michelle Chapel michelle.chapel@bozemanmt.gov Records Coordinator City Bozeman Security Level: Email, Account Authentication (None) Sent: 5/13/2026 11:23:32 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/13/2026 11:23:31 AM Certified Delivered Security Checked 5/14/2026 10:16:19 AM Signing Complete Security Checked 5/14/2026 10:16:29 AM Completed Security Checked 5/14/2026 10:16:29 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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