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12- Knife River Contract for Downtown Bozeman Improvements District Streetscape Improvements
Set No. CONTRACT DOCUMENTS Ik I,f1 AND SPECIFICATIONS . . , SGA€R . cr FOR No. 16813P �. • cu CONSTRUCTION ���11l1IIIikk11111U� OF T DOWNTOWN BO.ZEMAN IMPROVEMENTS DISTRICT STREETSCAPE IMPROVEMENTS A PORTION OF THE ROZEMANAVE,AND ROUSEAVE.NORTH A SIDEWALK IMPROVEMENTS � I i BOZEMAN, MONTANA FOR The Downtown Bozeman Business Ir€Yprovement District t February, 2012 Great Falls, Bozeman, Ft Kalispell, Montana TD& , ,` Erkgineering�- ,;' r Spokane, Washington >!t Lewiston, Idaho I. JOB 4B06-053-006 t l CONSTRUCTION SPECIFICATION INDEX The governing specifications for this work that are incorporated into this project by reference are: • The Montana Public Works Standard Specifications (MP WSS), Sixth Edition, 2010 (Excluding Part 4 of each section, Measurement and Payment) • City of Bozeman (COB) Modifications to Montana Public Works Standard Specifications, Sixth Edition. • The above documents may be further modified by the specification sections contained within this document. • In the case of contradicting requirements,the most stringent specifications shall apply. Bidding Requirements, Contract Forms and Conditions of the Contract Invitation to Bid Section 00100 Instruction to Bidders Section 00200 Bid Form Section 00300 Non-Discrimination Affirmation Form City of Bozeman Form Agreement Form Section 00500 Montana Prevailing Wage Rates for Highway Construction 2012 Standard General Conditions of the Construction Contract Supplementary Conditions to the General Conditions Notice of Award Form C-510 Notice to Proceed Form C-550 Performance Bond Form C-610 Payment Bond Form C-615 Contractor's Application for Payment Form C-620 Certificate of Substantial Completion Form C-625 Work Change Directive Form C-940 Change Order Form C-941 Field Order Form C-942 Division I — General Requirements Special Provision Section 01000 Construction Traffic Control (TD&H Modification) Section 01570 Division 2— Site Work Removal of Existing Pavement, Concrete Curb Sidewalk, Driveway and/or Structures (MPWSS/COB Reference Only) Section 02112 Site Grading & Excavation (TD&H Specification) Section 02203 Trench Excavation &Backfill For Pipelines & Appurtenant Structures (TD&H Modification) Section 02221 Street Excavation, Backfill and Compaction (TD&H Modification) Section 02230 Sub-Base Course (MPWSS/COB Reference Only) Section 02234 Crushed Base Course (MPWSS/COB Reference Only) Section 02235 Asphalt Concrete Pavement(MPWSS/COB Reference Only) Section 02510 Concrete Curb and Gutter (MPWSS/COB Reference Only) Section 02528 Concrete Sidewalks, Driveways, Approached, Curb Turn Fillet, Valley Gutters and Miscellaneous New Concrete Construction (MPWSS/COB Reference Only) Section 02529 Pavement Markings and Markers (MPWSS/COB Reference Only) Section 02581 Storm Drains Systems (MPWSS/COB Reference Only) Section 02720 Reinforcing Steel (TD&H Engineering Modification) Section 03210 Structural Concrete (MPWSS Reference Only) Section 3310 Street Signs (COB Reference Only) Section 09810 Standard Drawings (COB Reference Only, Appendix A, B, and C) Division 16—Electrical General Electrical Requirements Section 16055 Drawings: Sheet 1 .......................Cover Sheet Sheet 2 .......................Construction Notes and Survey and Alignment Data Sheet 3 .......................Improvements Plan—Bozeman and Rouse Avenue Sheet 4 .......................Signing, Striping, and Landscape Plan--Bozeman and Rouse Avenue Sheet 5 ........................Improvements Plan—Alley Sheet 6 .......................Details Sheet 7 .......................Details Sheet 8 .......................Details Sheet S1 .....................Bozeman Ave. Street Vault Sheet E .....................Lighting Plan Sheet E2.....................Pole and Pull Box Schedules Sheet E3.....................Wiring Diagrams Sheet E4.....................Watertight Connectors & Type "C"Electrical Service Detail Sheet E5.....................Pull Box & Conduit Trench Details Sheet E6.....................Decorative Luminaire Detail CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: 2012 Downtown Streetscape Improvements Separate sealed bids for construction of City of Bozeman 2012 Downtown Streetscape Improvements Project will be received by the City Clerk, City Hall; 121 N. Rouse Avenue,P.O. Box 1230,Bozeman,Montana 59771-1230 until 2:00 p.m.,local time,February 28,2012,and then publicly opened and read aloud. Please write the name of the pro4ect on the front of the sealed bid. The physical address is: City Clerk's Office, Suite 102, City Hall, 121 N. Rouse Avenue, Bozeman, Montana 59715. The mailing address is; City Clerk's Office, Suite 102, City Hall, P.O. Box 1230, Bozeman, Montana, 59771. Bids must be received before 2 p.m. Tuesday, February 28,2012. Original bid packages must be submitted—no faxed bids or electronic bids will be accepted.Bids will be opened and read following the close of bids. The work involves sidewalk removal and replacement, lighting installation, sign removal and replacement,tree installation,tree grate and guard installation,and alley approach installation in the area of downtown Bozeman as specified in the contract documents. Copies of the CONTRACT DOCUMENTS are available for viewing, or may be obtained upon payment of$50.00 (non-refundable) for each set, at the office of TD&H Engineering, 108 West Babcock Street, Bozeman Montana 59715. All bids must be submitted using original bid packages purchased at the above location. All bids and proposals for the construction of any public contract project shall contain a statement showing that the bidder or contractor is duly and regularly registered under the laws of the State of Montana, and the contractor's registration number shall appear upon such bid or proposal, and no contract shall be awarded to any contractor unless he is the holder of registration, all as defined by MCA 39-9-101 through 410. Forms for registration are available from the Department of Labor and Industry,P.O.Box 8011, 1805 Prospect,Helena,Montana,59604-8011.Information onregistration can be obtained by calling 1-406-444-7734. All laborers and mechanics employed by contractors or sub-contractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the State of Montana. Discrimination in the performance of any contract I INVITATION TO BID awarded under this invitation on the basis of race, 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.The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Discrimination in the performance of any contract awarded under this Invitation to Bid on the basis of race,color,religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts, Every entity submitting under this Invitation to Bid must sign and return the required affirmation. Failure to comply with the above shall be cause for the City to deem the Bidder's Bid Submittal non-responsive. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman,Montana,in an amount not less than Ten percent(10%)of the total amount of the bid. Successful bidders shall furnish an approved Performance Bond and a labor and materials Payment Bond,each in the amount of One Hundred percent(100%)of the contract amount. Insurance as required shall be provided by the successful bidder(s) and a Certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids,which is 2:00 p.m. local time, February 28, 2012. The right is reserved to reject any or all proposals received,to waive informalities, to postpone the award of the contract for a period of not to exceed Sixty(60)days,and to accept the bid which is in the best interests of the Owner. The City of Bozeman is required to be an Equal Opportunity Employer. Dated at Bozeman, Montana, this 9th day of February, 2012. Stacy Ulmen, CMC City Clerk, City of Bozeman Published Bozeman, Montana February 12, 2012 February 19, 2012 2 INVITATION TO BID INSTRUCTIONS TO BIDDERS BID QUANTITIES Bidders must satisfy themselves bypersonal examination of the locations ofthe 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. BID REQUIREMENTS The Bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no change in his bid price. Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda), specifications and plans,including all related documents contained herein, all of which contain provisions applicable not only to the successful Bidder, but also to his subcontractors. EXAMINATION Examine documents and conditions at existing site carefully. No extra payments will be given for conditions which can be determined by examining documents and existing conditions. QUESTIONS Submit to Engineer. Replies will be issued to Bidders of record as addenda. Engineer and Owner shall not provide nor be responsible for any oral clarification. PROPOSAL 1. The Bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. COBMODS 6t' Edition Page 1 of 3 INSTRUCTION TO BIDDERS 2. Proposals shall be in a sealed envelope and addressed to: Clerk of Commission City Hall 121 N. Rouse Avenue P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: a. Name of Project b. Name of Contractor C, Montana Certificate of Contractor Registration Number e. Acknowledge Receipt of Addendum No.:_,_,_, f. In the lower left-hand corner of the envelope print oftype: BID DOCUMENTS-DO NOT OPEN UNTIL 2:00 P.M., on February 28, 2012. 3. Proposals shall be made in accordance with the following instructions: a. Submit one copy of the complete bound documents in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL NOR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. b. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. d. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price,the unit prices or lump sum prices shall be used in computing the total bid price. e. The proposal form shall contain no addition, conditions, stipulations, erasures, or other irregularities. £ The proposal must acknowledge receipt of all addenda issued. g. The proposal must be signed in ink and display the Bidder's name, address, and correct Montana Contractor's Registration Number. SIGNING OF BIDS a. Bids which are not signed by individuals making them shall have attached thereto a Power of Attorney evidencing authority to sign the bid in the name of the person for whom it is signed. b. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by any attorney-in-fact. If signed by an attorney-in-fact,there shall be attached to the bid a Power of Attorney evidencing authority to sign the bid. C. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: j COBMODS 6th Edition Page 2 of 3 INSTRUCTION TO BIDDERS By: Corporate Seal: Title: d. If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. TELEGRAPHIC MODIFICATION Any Bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three(3)working days following the bird opening or no consideration will be given to the telegraphic modification. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful Bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner as liquidated damages for such failure or refusal,the security deposited with his bid,as provided in 18- 1-204 Montana Code Annotated, GROSS RECEIPTS WITHHOLDING In accordance with Section 15-50-206, Montana Code Annotated, the City of Bozeman must withhold one percent(I%) of incremental payments due the Contractor for remittance to the Department of Revenue for any contracts greater than $5,000.00. CITY OF BOZEMAN BUSINESS LICENSE All Contractors conducting work within the City of Bozeman are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana. CO3MODS 6th Edition Page 3 of 3 INSTRUCTION TO BIDDERS THIS PAGE INTENTIONALLY LEFT BLANK SECTION 00300 BID FORM PROJECT IDENTIFICATION: Bozeman Downtown Business Improvement District Streetscape Improvements A Portion of the Bozeman Ave. and Rouse Ave.North Sidewalk Improvements City of Bozeman Gallatin County, Montana CONTRACT IDENTIFICATION AND NUMBER: TD&H Project Number B06-053(006) THIS BID SUBMITTED TO: Clerk of Commission City Hall 121 N. Rouse Avenue PO Box 1230 Bozeman, MT 59771-1230 1.01 The undersigned Bidder proposes and agrees if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents, to perform and furnish all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid, and Instruction to Bidders, including without limitations, those dealing with the disposition of Bid Security.This Bid will remain subject to acceptance for sixty(60)days after the Bid opening,or for such longer period of time that Bidder may agree to in writing upon request of Owner. Section 00300 BID FORM 3.41 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged the following Addenda: Addendum No. Addendum Date Z.&Z 11Z, Q B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazard Environmental Condition, if any, which has been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied(or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions(surface, subsurface and Underground Facilities)at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations,investigations,explorations,tests, studies or data are necessary for the determination of this Bid for performance of the Work at the prices(s) bid and within the times and in accordance with any other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of the Work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents. Section 00300 BID FORM I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association,organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person,firm or corporation to refrain from bidding;and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. The BIDDER certifies that no official of the OWNER,ENGINEER or any member of such official's immediate family,has direct or indirect interest in the pecuniary profits or Contracts of the BIDDER. 5.01 The Bidder will complete the Work in accordance with the Contract Documents for the following price(s): BID SCHEDULE ITEM ESTIMATED UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE S PRICE $ 1 Mobilization, Bonding, & o� o Submittals 5% max 1 LS $ ' q5"0 f $ 2 Site Grading and Earthwork 1 LS $ 7,-5d $ 7Z5� 3 Protect Existing Structures and Utilities (Overhead and Underground) 1 LS $ 1,850 $ pjSD 4 Protect Existing Survey Monuments and Replace Disturbed Monuments 1 LS $ ���� $ l 5� 5 Remove Existing Curb and Gutter 34 LF $ 3-- $ 6 Saw Cut Existing 6.!, as Asphalt/Concrete 452 LF $ �, $ 1011/W' 7 Remove Existing Concrete Sidewalk/A roaches 3,279 SF $ 1 $ 1,719 8 Remove Existing Asphalt 130 SY $ to 1 $ ef- 9 Remove Existing Light Pole 1 EA $ 5V $ 6a 10 Concrete Curb Walk Alley St-9- _ a Approach 587 SF $ d $ 3 '5 � 11 Alley Approach Curb and , a Gutter 60 LF $ 10� $ f ;2� Section 00300 BID FORM 12 Standard Curb and Gutter 277 LF $ A0 $ 13 4"4" Concrete Sidewalk 1,218 SF $ 5 $d 14 6" Concrete Sidewalk 1,495 SF $ 6 = $ b70 15 Replace Existing Asphalt bo -1 Section 75 SY $ $ 31 16 Remove and Reset Existing 00 o� Sign with New Post 4 EA $ $ t 7� 17 Remove and Salvage do do Existing Bike Rack EA $ $ 7S 18 Remove and Reset Existing Central Mailbox 4 EA $ 1 Sa $ 19 Curb Paint 174 LF $ 20 Tree with Grate and Guard 6 EA $ vo" $15 aPo 21 Structural Concrete Pole oa Foundation 8 EA $ 1100— $5W 22 Conduit, 1.5" PVC, �o Sidewalk Trench 450 LF $ 1� $ 5 � 23 Conduit, 1.5" PVC, Street Trench 50 LF $ 24 Pull Box, Concrete Type 1 3 EA $ 6V— $ ! 25 Conductor, Copper, #10 "6 7S AWG, Lighting & Ground 1,875 LF $ $ 1,613 26 Install Owner Supplied op Decorative Light Standard 8 EA $ 175' — $ 11YA9 27 Install Owner Supplied Luminaire Assembly— 00 60 AW 10OW MH 8 EA $ A50 $ 28 T e C -- Power Supply 2 EA $ 177F-- $ 7 5-5977 29 Improve Existing Sidewalk as Vault 1 L5 $ 13v $ l 1 TOTAL ESTIMATED BID PRICE (Items 1 though 29) S 103, 3 6 {Figures TOTAL ESTIMATED BID PRICE (Items 1 through 29) $ Okeffukali^r 3r,&I-km6e4K/-AA-,,e&mg/ tclir'& rr`Yt j0o1(r3 (Words) A. Unit Prices have been computed in accordance with Paragraph 11.03.B. of the General Conditions. B. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. Section 00300 BID FORM ADDENDUM NO. 1 FOR DOWNTOWN BOZEMAN IMPROVEMENTS DISTRICT 2012 STREETSCAPH IMPROVEMENTS FOR THE CITY OF BOZEMAN,MONTANA 2123/12 TO PROSPECTIVE BIDDERS: The provisions of this addendum shall apply to and be a part of the contract documents for construction of the above stated project. The Bid Documents are hereby amended as follows: SECTION 00300—BID FORM Make the following adjustment to Section 5.01 (Bid Schedule): Bid Item No. 17 "Remove and Salvage Existing Bid Rack"—Cross out the number 2 and write in the number 3. There will be 3 bikes racks requiring removal and salvaging. Add the following: ALTERNATIVE DEDUCTIVE BID ITEM: The following alternative deductive bid item is being added to the project. The amount stated below shall be deducted from the Bidder's "Total Estimated Bid Price"found on the Bid Form(page 4 of 8) should the owner select the alternative bid item. The owner reserves the right to award the project based on the "Total Estimated Bid Price" or the"Total Estimated Bid Price"minus the"Alternative Deductive Bid Item Amount." The Bidder shall fill out the following dollar amounts and staple this addendum inside the front cover of the bid documents. ITEM DESCRIPTION ESTIMATED NO. QUANTITY UNIT DEDUCTIVE AMOUNT Alt I Abandon Existing Sidewalk o0 Vault 1 LS $ 3 A A7 TOTAL DEDUCTIVE AMOUNT(Alt 1) $�/ /� _14ag 4-Pl S /wo llu-Wer�f AS& r,-✓r- !✓allGtf cu c/-47Cly CeW3 (Words) i I i The following should be filled out and match exactly the Bidder's "Total Estimated Bid Price" dollar amount found on Page 4 of 8 in the Bid Form, TOTAL ESTIMATED BID PRICE(Items 1 though 29) $-1493, 3t5 (Figures) TOTAL ESTIMATED BID PRICE (Items 1 through 29) $ I &c 644—len 'i�r -ee Vivo++..,/ 7 rr��'a�r�rr�/S.'T,�i�t alla s rkc/ 7-tom (Words) The following should be filled out and should equal the Bidder's "Total Estimated Bid Price" dollar amount above minus the"Alternative Deductive Bid Item Amount"on the previous page. X TOTAL,ESTIMATED BID PRICE(Items 1 though 29 minus Alt 1) $ 00 IAO WITH ALTERNATIVE DEDUCTIVE BID ITEM (Figures) i TOTAL ESTIMATED BID PRICE(Items 1 through 29 minus Alt 1) $ WITH ALTERNATIVE DEDUCTIVE BID ITEM 604 (Words) a SECTION 01000—SPECIAL PROVISIONS Item 34. Measurement and Payment Remove"Item 34-9. Remove Existing-Light Pole" and replace with the following 9. Remove Existing Light Pole * General: This bid item shall include coordinating with Northwestern Energy and paying any associated fees they require to remove the existing light pole and associated service. The light pole is owned by Northwestern Energy and it is required that they perform the work necessary to remove pole. * Work Included: • All labor,tools,equipment,materials,and incidentals necessary to complete the work as specified; I • HauI or other transportation required to remove and dispose of existing materials; • Coordinate removal of existing light and existing electrical service to light with Northwestern Energy. All pole, fixture, and associated costs including subcontractor costs shall be included in the unit price bid for Removing Existing Light Pole. • All fees associated with dumping of existing materials at an acceptable disposal site. * Measurement: Measurement shall be per each light pole removed. Payment: Payment shall be at the contract unit price for each light pole removed and disposed of offsite. 1 Add"Item 34-Alt 1. Abandon Existing Sidewalk Vault" I Alt 1. Abandon Existing Sidewalk Vault: * General: This bid item shall be a deductive alternative bid item and take the place of Bid Item 29 should the owner choose to "Abandon Existing Sidewalk Vault" as opposed to "Improve Existing Sidewalk Vault." The bid item shall include sealing the vault from the existing structure and filling with lean concrete (500-700 psi). Vault shall be abandoned in a manner that does not impact the existing structures wall. * Work Included: • All labor, tools, equipment, materials,royalties and incidentals necessary to complete the work as specified; • Coordinate with the property owner in order to gain access to the vault and agree on an acceptable time to perform the required work; • Remove and dispose of existing vault lid; • Supply and place lean concrete; • Materials and labor necessary to seal off the vault from the existing structure; Develop plan for abandonment to ensure existing structure is not affected; • Relocate lights and reroute conduit; • Remove and dispose of excess material; • Clean up. * Measurement: Measurement shall be one lump sum item for abandonment of the vault. * Payment: Payment shall be made at the contract lump sum price. Payment will be made upon complete abandonment of the vault and after inspection and approval of the engineer. DRAWINGS—SHEET S1 Clarifications: Detail 7/S I —The 314"x 4 112" headed studs shall be equally spaced along the length of the beams. The total number of studs for each beam is shown in brackets after each beam label (in this case 14 on each beam). Sheet S I—Polyguard 18H drainage mat and Polyguard 650 Waterproofing Membrane are acceptable alternates for the Aquadrain G20 drainage mat and Volclay Membrane. MISCELLANEOUS e PERMITS: i A separate street cut permit will not be required by the City of Bozeman on this project. B. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. C. The undersigned agrees that the unit prices shall govern in checking the Bid,and should a discrepancy exist in the Total Estimated Price and Total Amount of Unit Prices Bid as listed above after extensions are checked and corrections made, if any, the Total Amount of Unit Prices Bid as corrected shall be used in awarding this Contract. D. The OWNER reserves the right to reject any or all bids. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of the Bid: A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond identified in the Instructions to Bidders. Section 00300 BID FORM 8.01 The terms used in this Bid with the initial capital letters have the meanings indicated in the Instructions To Bidders, General Conditions, and the Supplementary Conditions. SUBMITTED on FL5-f l,4-1-V 28 z O 1 (Date) Montana Contractor's Registration# /0087 Employer's Tax ID No. --Q-4L.534 3 If BIDDER is: An Individual: (Name typed or printed) By: (Individual's Signature) Doing business as: Business Address: Phone No.: FAX No.: A Partnership: (Partnership Name) By: (Signature) (Name,typed or printed) Business Address: Phone No.: FAX No.: Section 00300 BID FORM A Corporation: –el Vale — � (Corporation Name) State of Incorporation: / 6111T3-N4- Type(General Business,Profc ion Serv' e,Limited Liability): 1S/'1` J � t By. Title: Attest: W (Signature) Business Address: ?O. 176 5, /117 / Phone No.: Sao— �.�83� FAX No.: 406, Pr, 3 Date of Qualification To Do Business Is- g 3— `7Q (Corporate Seal) Section 00300 BID FORM A Joint Venture: Each Joint Venture Must Sign Joint Venturer Narne: (Name) By: (Signature of Joint Venture Partner) Name: (Name, printed or typed) Title: Business Address: Phone Nov: FAX No.: Joint Venturer Name: (Name) By: (Signature of Joint Venture Partner) Name: (Name, printed or typed) Title: Business Address: Phone No.: FAX No.: Address of Joint Venture for Receipt of Official Communication: Address: Phone No.: FAX No.: I (Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) END OF SECTION }' I i Section 00300 BID FORM NON-DISCRIMINATION AFFIRMATION FORM KW IFV_ &4M— 0 a_ (name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, nation origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of worked performed for the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the /Ara-!Zj✓ (name of entity submitting) employees and to all subcontracts it enters into in the performance of the agreement with the City of Bozeman. r Signature of Bidder: Perso authorized to sign on behalf of bidder THIS PAGE INTENTIONALLY LEFT BLANK PENAL SUNI FORM BID BOND Any singular rtfennce to Bidder,Surety.G%ner.or other party shall be considered plural there applicable. BIDDER(Marne and Address): Knife River-Belgrade P.O. Box 9 Belgrade, MT 59714 SURETY(Ntuna and Address of Principal Place of Business): Liberty Mutual Insurance Company 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 OWNER(Name and Address): City of Bozeman, Montana BID Bid Due Date: February 28, 2012 Project(Brief Description Including Location): 2012 Downtown Streetscape Improvements BOND BoadNarnber. Bid Bond Date(Not later than Bid due date): February 28, 2012 Penal swn Ten Percent of Amount Bid 10% (Wards) (F gltrE3) Surety and Bidder,intending to btk Jgpkye bg}utd hereby,subject to the ten, printed an the rtwerse side hereof,do each cause this Bid Bond to be duly, a�t' s'behal f by Its authorizad officer, agent.or representative. pF� OQ9 BIDDER _ si SURETY 190 - Knife River- Belgrade ;' SUR . erty Mutual Insurance Company (SCSI) Biddees Name and Corporate ...... �� CIORPOR4p ty's Name and Corporate Seel 1 1912 0 By: Signature sad Titla6trry H. Haveft ice-Presideen ,t t` a attd T c Nic e L nger Attorney-in-Fact I {Attach Pow r Attorney} Attest: I ► 11 Attest: Signature and Title Signatu d Title Witness Pamela L. Michalies-Asst. Sec, Note. Above addresses are to be used rar giving required notice. VCDC 10.[:43D QOD2 Edltloa) t1Q13a.1 PENAL SUM FORhf I. Bidder and Surety. jointly and 3t%trali`. bind Status Rtgistered or Certified Mail. return receipt themseires. their hairs. executor& administrators, rtqutsttli po�tust prt-paid. and shall be deemed to be ,ucc,!ssors and .issigns to pay to 0%%ner upon default of etFectii-e upon receipt by the pam eoncemtd. Bidder the penal sum set fonh an the Face of this Bond. ft+mint of the penal sum is the extent of Sumo's 9. Surer, shell cause to be artached to this Bond a current liability. and effective Power of Attorney evidencing the authority of the offlctr. agent. or representative who executed this 2. Default of Bidder shall occur upon the failure of Bond on behalf of Surety to execute, seal. and deliver Bidder to deliver within the time required by the Bidding such Bond and bind the Surer,thereby. Documents tar any extension thereof agreed to in writing by Owner) the executed Agreement required by the 10. This Bond is intended to conform to all applicable Bidding Documents and arty performance and payment statutory requirements. Any applicable requirement of bonds required by the Bidding Documents. any applicable statute that has beets arnined from this Bond shall be deemed to be included herein as if set forth 3. This obligation shall be null and void if w length. if any provision of this Bond conflicq with any 3.1. Owner accepts Bidder's laid and Bidder applicable statute, theft the provision of said statute shall delivers within the time required by the gorem and the remainder of this Band that is not in Bidding Documents (or any dxtension thereof conflict therewith shall continue in fall force and effect. agreed to in writing by Owner) the mcuted Agreement required by the Bidding Documents 11. The tern "Bid" as used herein includes a Bid, offer. and any performance and payment bonds or proposal as applicable. required by the Bidding Documents,or 3.2. All Bids are rejecter!by Owner,or 3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surer, when required by Paragraph S hereon. 4. Payment under this Bored will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default ftm Owner, which notice will be givers with reasonable pr+ompmass, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Nance of Awed agreed to In writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days liom Bid due date without Surety's written consent. 6. No shit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required In Paragraph 4 above is received by Bidder and Surer, and In no cue later than one year after Bid due deer. 7. Any suit or action under this Bond shall be commenced only In a court of competent jurisdiction located in the state in which the Project is located. 8. No6cos required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Band. Such notices may be sent by persunal delivery. commercial courier, or by United EJC7t K NO.C-M(2002 Edition) 004".2 Surety Acknowledgment State of MINNESOTA } } ss. County of Hennepin On this 28`h day of February 2412, before me personally came Nicole Langer, to me known, who being by me duly sworn, did depose and say that she/he is the Attorney-in-Fact of Liberty Mutual Insurance CompM described in and which executed the above instrument; that she/he r knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his 1 name to it by like order. Notary Public t" +I 1 i i 1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT 1S PRINTED ON RED BACKGROUND. ^07566 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company(the"Company"),a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint DENNIS LOOTS,LAURIE PFLUG, j JILL SWANSON,NINA E.WERSTEIN,BRIAN D.CARPENTER,BARBARA L.RAEDEKE,TERESA HAMMERS,NICOLE LANGER,CRAIG OLMSTEAD,ALL OF THE CITY OFMINNEAPOLIS,STATE OF MINNESOTA........................................................................................................................................................................................................ .......................................................................................................................................................................................................................................I........................... each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds,recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100**"'**'- -0 LLARS($1 ) each, and the execution of such undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE Xill-Execution of Contracts:Section 5.Surety Bonds and Undertakings. >+ Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the 'M n chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, W execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys- y in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and E 'a y execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if N .!6 a1 signed by the president and attested by the secretary. d � By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article Xlll,Section 5 of the By-Laws,David M.Carey,Assistant Secretary of Liberty Mutual Insurance Company,is hereby authorized Q to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety 0 I- ? (D any and all undertakings,bonds,recognizances and other surety obligations. >,0) Q1 LU y > That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. a 9 v IN WITNESS WHEREOF,this PowerofAttorney has been subscribed by an authorized officer orofficial of the Company and the corporate seal of Liberty a 4 m Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 26th day of September O Di 2011 Q 0� L LIBERTY MUTUAL INSURANCE COMPANY 3 Cq s/f' >0 E CZ y David M.Carey, 'sistant Secretary i COMMONWEALTH OF PENNSYLVANIA ss M �? COUNTY OF MONTGOMERY 4 On this 26th day of September 2011 before me, a Notary Public, personally came David M.,,,Carey, to me known, and (D acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation;and that he executed >M A the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said .c Not v corporation. 40 co N 7 3 IN TESTIMONY WHER 4 o sr I V o subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year 4-00 . V first above written. Notariaf seal /f U O I S y Tr+resa?as;a,a.f u;ary Pua€rc i�/4� f7F F4on+gOm©: C3unh/ �7�L wi} P^rniasi0r krar s k!tC.e"8,2Ji3 By CERTIFICATE P Fee,rt�ur'P"" Yh�aria Agsf)",Itw of Wan - Tere'sa Pastella, Notary Public '� 'ySYt.�1 �C+ I,the undersigned,Assistsf3k erty Mutual insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,iii l ce and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specialty authorized by the chairman or the president to appoint attorneys-in-Fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN jTESTMONY WHEREOF, 1 h ve hereunto subscribed my name and affixed the corporate seal of the said company, this day of tau � � r� wr Gregory W. Davenport,�AMsistanttecretary SECTION 00500 AGREEMENT FORM This Agreement is dated as of the " day of TC C in the ear by and between The City of Bozeman , hereinafter called "Owner" and hereinafter called Contractor. Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article I. WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Bozeman Downtown Business Improvement District Streetscape Improvements A Portion of the Bozeman Ave. and Rouse Ave. North Sidewalk Improvements Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Sidewalk removal and replacement, lighting installation, sign removal and replacement, tree installation, tree grate and guards installation, alley approach installation, and other miscellaneous items. Article 3, ENGINEER 3.01 The Project has been designed by: Thomas, Dean & Hoskins, Inc. (TD&H Engineering) who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 4. CONTRACT TIME 4.01 Time of the Essence. A. All the time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to achieve Substantial Completion. A. The Work will be substantially complete within 45 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions. Section 00500—6a,Edition AGREEMENT Page l of 7 4.03 Liquidated damages. A. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties 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 completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner two hundred dollars ($200) for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. Article 5. CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the quantity of that item that is constructed and accepted. Unit prices are those listed in the Unit Price Schedule of the Bid Form attached as Exhibit A to this Agreement. Estimated quantities used for bidding purposes are not guaranteed. Payment will be for actual quantities as determined by Engineer in accordance with Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. Article 6. PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments: A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the Contract Documents. 6.02 Progress Payments; Retainage: A. Owner shall make progress payments in accordance with Article 14 of the General Conditions on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for that item. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the sum of the unit price items less the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, in accordance with paragraph 14.02 of the General Conditions. Section 00500—6t,Edition AGREEMENT Page 2 of 7 a. The Owner shall retain five percent (5%) of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. b. Retainage will be five percent (5%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.02 of the General Conditions). 2. Upon Substantial Completion and at the Owner's discretion, the amount of retainage may be further reduced if requested by the Contractor. 6.03 Final Payment: A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.07. Article 7. INTEREST: 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article S. CONTRACTOR'S REPRESENTATION: 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents (including all Addenda) listed in paragraph 9 and the other related data identified in the Bidding Documents B. Contractor has visited the site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor Section 00500—6th Edition AGREEMENT Page 3 of 7 acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning 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 or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor including applying the specific means, methods, techniques, sequences and procedures of construction, if any, expressly required by the Contract Documents to be employed by the Contractor, and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 9. CONTRACT DOCUMENTS: 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (Pages 1 to 7, inclusive); 2. Performance Bond (pages 1 to 3, inclusive); 3. Payment Bond (pages 1 to 3, inclusive); 4. Other Bonds (pages 1 to , inclusive); Section 00500—6th Edition AGREEMENT Page 4 of 7 I a. (pages to , inclusive); b. (pages to , inclusive); c. (pages to , inclusive); 5. General Conditions (pages 1 to 62, inclusive); 6. Supplementary Conditions (pages 1 to 12, inclusive); 7. Special Provisions (pages 1 to 19, inclusive); 8. Specifications as listed in the table of contents of the Project Manual; 9. Drawings consisting of a cover sheet and sheets numbered 1 through 8, Sl and E-1 through E-6 with each sheet bearing the following general title: Downtown B.I.D. Streetscape; 10. Addenda(Numbers to , inclusive); 11. Exhibits to this Agreement(enumerated as follows): a. Notice To Proceed (pages 1 to , inclusive); b. Contractor's Bid (pages to , inclusive); c. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive); 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A. are attached to this Agreement(except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 of the General Conditions. Article 10. MISCELLANEOUS: 10.01 Terms. A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract. Section 00500—6th Edition AGREEMENT Page 5 of 7 A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may come due and moneys that are 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 Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 10.04 Severability A. Any provision of part of the Contract Documents held to be void or unenforceable under and Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall 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. 10.05 Discrimination A. The Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor's employees and to all subcontracts. Section 00500—6th Edition AGREEMENT Page 6 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed 6 copies of Agreement. Three counterparts have been delivered to Owner, two to Contractor and one to Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on their behalf. This Agreement will be effective on .D, (which is the effective date of the Agreement). This Agreement shall not be effective unless and until concurred by Funding Agency's (if any) designated representative. Owner Contractor kC c By BY (Signa e) 4°. (Signature) r y aK Attest ` r r - - Attest (Signature) Address for giving notiG':4 Tt;N" C 0 Address for giving notices: Phone No. Phone No. J41) FAX No. FAX No. �tbb NK '9347 (CORPORATE SEAL) (SEAL) (If OWNER is a public body, attach evidence Contractor Registration No. 1 aogc, of authority to sign and resolution or other documents authorizing execution of Owner- Agent for service of process: Contractor Agreement. (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Section 00500—6th Edition AGREEMENT Page 7 of 7 THIS PAGE INTENTIONALLY LEFT BLAND MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2012 Effective: February 10, 2012 Brian Schweitzer, Governor State of Montana Keith Kelly, 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 ERD at www.mtwagehourbopa.com or contact them at: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments and suggestions from the public.In addition,we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated, 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 18-2-401, et seq., Montana Code Annotated. It is required that each employer pay(as a minimum) the rate of wages, including fringe benefits, travel allowance and per diem applicable to the district in which the work is being performed, as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at(406)444-5600 or TDD (406) 444-5549. KEITH KELLY Commissioner Department of Labor and Industry State of Montana TABU OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS; A. Date of Publication ...................................................................................................................... 2 B. Definition of Highway Construction ......................................................................................................... 2 C. Definition of Public Works Contracts ...................................................................................................... 2 D. Prevailing Wage Schedule ..................................................................................................................... 2 E. Rates to Use for Projects .......... ........................................................................................................ 2 F. Wage Rate Adjustments for Multiyear Contracts ....................................................................................... 3 G. Fringe Benefits .................................................................................................................................. 3 H. Apprentices ...................................................................................................................................... 3 I. Posting Notice of Prevailing Wages ....................................................................................................... 3 J. Employment Preference ..................................................................................................................... 3 WageRates ......................................................................................................... ................... A. Date of Publication February 10,2012 B.Definition of Highway Construction The Administrative Rules of Montana(ARM)24.17.501(3)—(3)(a), Public Works Contracts For Construction Services Subject to Prevailing Rates,states: "Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails,paths, andparking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction),fencing(highway,grade crossing elimination (overpasses or underpasses),guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians,parking lots,parkways, resurfacing streets and highways, roadbeds, roadways, runways,shoulders, stabilizing courses, storm sewers incidental to road construction, street paving,surface courses, taxiways, and trails." Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Wage Decision No. MT100002 Modification No.1 have been adopted by the Montana Department.of Labor and Industry for use in Highway Construction projects and are included in this publication.These rates apply statewide or as shown in MT100002 Modification No. 1. C.Definition of Public Works Contracts Montana Code Annotated,section 18-2-401(11)(a),defines 'public works contract"as "a contract far construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000... " D. Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. 1 These rates will remain in effect until superseded by a more current publication.Current prevailing wage rate schedules for Building Construction,Heavy Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. 0 E. Rates to Use for Projects Rates to be used on a public works project are those that are in effect at the time the project and bid specifications are advertised. 2 i F. Wage Rate Adjustments for Multiyear Contracts Section 18-2-417,Montana Code Annotated states: "(I)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." G. Fringe Benefits Section 18-2-412 of the Montana Code Annotated states: "(1) To fulfill the obligation...a contractor or subcontractor may: 1 (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 benef t 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 1 (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 tivages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. i (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 y 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.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally,section 18-2-416(2), Montana Code Annotated states, "...The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate prevailing wage rate when working on a public works contract. 1. Posting Notice of Prevailing Wages Section 18-2-406,Montana Code Annotated, provides that contractors, subcontractors,and employers who are performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages to be paid to the employees_" A J.Employment Preference Sections 18-2-403 and 18-2-409, Montana Code Annotated require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. 3 MONTANA STATEWIDE PREVAILING DAVIS-BACON Effective: February 10, 2012 HIGHWAY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Highway Counties: Montana Statewide. 4 **ZONE PAY** CEMENTS MASONS, IRON WORKERS, LABORERS, POWER EQUIPMENT OPERATORS,TRUCK DRIVERS The hourly wage rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, MISSOULA ZONE 1: 0 to 30 miles- Free ZONE 2: 30 to 60 miles- Base Pay+$2.50 ZONE 3: Over 60 miles- Base Pay+$4.00 CARPENTERS: ZONE 1: 0 to 30 miles- Free ZONE 2: 30 to 50 miles- Base Pay+$3.00 ZONE 3: Over 50 miles- Base Pay+$4.80 Rates Fringes CARPENTER Carpenter, Plledriverman $22.71 $10.15 Millwright $24.78 $10.15 Rates Fringes CEMENT MASONICONCRETE FINISHER $21.37 $9.80 Rates Fringe ELECTRICIAN Area 1 $18.74 $4.23 +3.8% Area 2 $20.13 $6.06 +3.8% Area 3 $19.98 $4.74 +3.8% Area 4 $19.84 $4.81 +3.8%0 Area 5 $20.54 $4.84 +3,8% Area 6 $18.02 $4.74 +3.8% Rates Fringes LINE CONSTRUCTION Equipment Operator $19.16 $6.35 Groundman $15.40 $6.35 ELECTRICIANS AREA DESCRIPTIONS AREA 1: Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow, and Powell Counties AREA 2: Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell, Powder River, Prairie, Rosebud, Stillwater, Treasure, Wibaux, and Yellowstone Counties AREA 3: Blaine, Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, McCune, Petroleum, Pondera, Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Valley, and Wheatland Counties AREA 4: Broadwater, Lewis and Clark, and Meagher Counties AREA 5: Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders Counties AREA 6: Gallatin, Park, and Sweet Grass Counties 5 IRONWORKER Flathead, Glacier, Lake, Lincoln, Mineral, Missoula and Sanders Counties Rates Fringes $25.50 $15.66 Remaining Counties Rates Fringes $23,15 $15.01 Rates Fringes LABORER Group 1 $17.18 $8.05 Group 2 $19.97 $8.05 Group 3 $20.17 $8.05 Group 4 $21.07 $8.05 LABORERS CLASSIFICATION GROUP 1: Flag person GROUP 2: All General Labor Work; 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 Plant Worker; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for Concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman;Traffic Control Worker. GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; GeotexUle and Liners; High-Pressure Nozzlemen; Jackhammer(Pavement Breaker); Laser Equipment; Non-riding Rollers; Pipelayer; Posthole Digger(power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power;Tampers. GROUP 4: Ashpalt Raker, Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller&Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock&Core Drill; Track or Truck Mounted Wagon Drill; Welder including Air Arc. Rates Fringes PAINTER $24.00 $9.30 Pavement Marking/Milling and related work. Includes operating marking and all other equipment and all work involved in traffic marking including removal, surface preparation and application of pavement markings including epoxies, paints, tape, buttons, thermo-plastics and any other products applied for traffic marking purposes and for directing and regulating traffic, and cutting Rumble Strips. Rates Fringes POWER EQUIPMENT OPERATOR Group 1 $21.52 $9.30 Group 2 $23.55 $9.30 Group 3 $24.41 $9.30 Group 4 $25.10 $9.30 Group 5 $26.44 $9.30 Group 6 $27.13 $9.30 Group 7 $29.23 $9.30 6 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: A-Frame Truck Crane;Air Compressor;Auto Fine Grader; Belt Finishing Machine; Boring Machine(small); Cement Silo, Crane; Crusher Conveyor, DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form-Grader; Front-End Loader under 1 cu yd; Oiler, Heavy Duty Drills; Pumpman; Oiler(All, except Cranes and Shovels). GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to &incl 3 cu yd Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, large; Broom, Self-Propelled; Concrete Bucket Dispatcher; Concrete Conveyor; Concrete Finish Machine; Concrete Float and Spreader; Concrete Travel Batcher; Distributor; Dozer, Rubber Tired, Push, and Side Boom; Drills, Heavy Duty(all types); Elevating Grader/Gradall; Field Equipment Serviceman; Front-End Loader 1 cu yd to and incl. 5 cu yd; Grade Setter; HoistfTugger(All Hydralift&Similar); Industrial Locomotive; Motor Patrol (Except Finish); Mountain Skidder; Oiler, Cranes &Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete!Grout Machine; Punch Truck; Rollers (All except Asphalt Finish and Breakdown); Ross Carrier; Rotomill under 6 ft; Trenching Machine; Washing/Screening Plant. GROUP 3:Asphalt Finish Roller;Asphalt Breakdown Roller; Asphalt Paving Machine; Backhoe/Excavator/Shovel larger than 3 cu yd; Asphalt Screed; Concrete Batch Plant; Cableway Highline; Concrete Curing Machine; Cranes, 24 tons& under; Cranes, Creter; Cranes, Electric Overhead; Concrete Pump; Curb Machine/Slip Form Paver; Finish Dozer; Mechanic/Welder; Pioneer Dozer; Rotomill 6 ft and over; Scraper, Single Engine; Scraper Twin or Pulling Belly Dump; Yo Yo Cat Front-End Loader over 5 cu yd. GROUP 4: Asphalt/Hot Plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. SPECIAL OPERATORS: GROUP 5: Cranes, 45 tons to and including 74 tons GROUP 6: Cranes, 75 tons to and including 149 tons GROUP 7: Cranes, 150 tons to and including 250 tons; Cranes over 250 tons: add$1.00 for every 100 tons over 250 tons; Crane, Stiff-Leg or Derrick; Crane,Tower(all); Crane, Whirley (all); Helicopter Hoist. TRUCK DRIVER Rates Fringes Group 1 $18.54 $9.16 Group 2 $23.69 $8.16 GROUP 1: Pilot Car GROUP 2: 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. WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. END OF GENERAL DECISION 7 I 1 THIS PAGE INTENTIONALLY LEFT BLANK r i I 1 1 1 This doctnnent has important lcg.ti 1;1 with an attoil:c. I with : pect to ii use or modification. This dixumen: to the particular of the contemplated Project and the controlling Laws and K.,ulation,•. i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by I ENGINEERS,JOINT CON'CRACi' DOCUMENTS COINUM11 FEE I and Issued and Published Jointly by I AC EC A e C. ASCEof American Society National Society of Professional Engineers Civit Engineers Prohssionai Engineersio Priwe Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCLATED GENERAL CONTRAC-17ORS 0!•ANlERICA PROF t , : + i::,: ::. VIT PRACTICE Illy' NATION 1l 1CIE-M 4- i1I, li,� -,tiIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIEICA•r1ONS INSTITUTE I I C-700 Standw t!, ,d Conditions of the Construction Contract Copyright C 2067 National Socit i •t Professional Lnghwers for E ICDC. All rights rmrticd. These General Conditions have been prepared for use with the Suggested Forms of Agrccii� Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are inters I and a change in one may necessitate a change in the other. Comments concerning their usage are con,:i U., d in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions. see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright f-0 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.ns2g.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 '210191-4400 (800)548-2723 %Yww.asce.or Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.acl1,c.oEg . The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. FJCIX'(,'-700 Standard C ial Canditiefn of the Conoruction Contract Copyrighi D ZM National .-,ional Engineers for FJCDC. All rights rewmO. STANDARD GENERAL CONDITIONS OFTHE CONSTRUCTION CONTRACT TABLE OF CONTENTs Page Article l - Definitions and Terminology-..--.-._--.-__....-...—...__.-_--.~.^_-- i lDl0efincdTCMu............................................................. ................................................................. | 1J02Terminology..................................................................................................................................5 Article 2 - Preliminary Matters.........................................................................................................................6 ' 2.01 Delivery n[Bonds and Evidence of Insurance.............................................................................h 2.02 Copies mf Documents.- ......................................................................................................... -h 2{[3 �nf�nn�ruc�7ln�cx' �otkz0m �on���d 6 | ~-.~^.~.--.~^. . -~-----.--.----------- 2.04 Starting the Work.................................................................................................... .....................7 2.05 Before Starting Construction................................................................................ .......................7 2J06 Precm ��ion [un���' D�i��ono[����n� ���v� 7 | ' ` `^^r^^~^^ '----''---'-'-'' 2.07 Initial Acceptance of Schedules....................................................................................................T Article 3-Contract Documents: Intent, /\mcndioo. Reuse ............................................................................8 ' ]J]| Intent..............................................................................................................................................8 ]/)2 Reference Standards| - ,-..'.^.--------_....--.----.-..-----,--------8 313 Reporting and Resolving ....................................................................................... 3J04 Amending and Supplementing Contract Documents...................................................................9 3.05 Reuse n[Documents........................ .......................... ...... ....... ................................................|O 3.06 Electronic Data......................................... .................................................................................. 10 � ' Article 4-Availability `d'Lands: Subsurface and Physical Conddimn4HozauduuaEovbnoomontmd Conditions-, Reference Points............................................................................................ .............. { t | 4D1 Availability of Lands................................................................................................................... \ | ' 4.02 Subsurface and Physical Conditions........................................................................................... \ l 4/03 Differing Subsurface nr Physical Conditions............................................................................. IZ � 4{W' [}ndt-rcn`und Facilities................................................................................................................ |3 4/05 Rej*,-:-/x.:..- Points.......................................................................................................................... |4 -1/06 Ru/�!j.my Environmental Condition at Site.............................................................................. |4 ' BuoJ. �,od in urunuc.................................................................................................................... l6 Perk`nouncc. Payment, and Other Bonds................................................................................... lh | 5/'2 Licensed Sureties and Insurer.................................... ............................ .......... ........................}h ! Ceriificukesnf Insurance ............................................................................................................. \7 �.4 Contractor's Insurance.................. ............................................................................................. {7 Owner's [ iuhi|kv Insurance................................. ...................................................................... l9 | ^ ' 5]06 Insurance....................................................................................................................... )g 5/07 Waiver m[BiohYs.........................................................................................................................I0 / 5�8 Receipt| / EjmX'('-700 Standard Central conmwma the commicti=Contract Copyright 200 Nuu"nm14wi,owpr"om°mnx/Engineers mrr1rwcau rights"e.wped. | --------'--'--------- --' -- . n _d Superintendence__-_-_-'------.--------'--'__----.__--~ 612 Labor, A'' `.i«g [fours............................................................................................... —__''2? 6l3Sorviccv. ' -'ads, and Equipment...........................................................................................22 6.04 Progress Sc|.. ./|e......................................................................................................................23 6.05 Substitutes and ' OrPquab-......................................................................... ............................Z3 6J08Concerning Subcontractors, Suppliers.and Others....................................................................25 6.07 Patent Fees and Royalties ........................................ ........................................ .........................27 6.08 Pcrn/imn.........................................................................................................................................27 619 Laws and Regulations.................................................................................................................20 6.10 Taxes ............................................................................................................ ..............................2M ti| \ Um, '[Si*c and Other Areas........................................................................................................20 6.12 8e/ .i Documents......................................................................................................................I9 h]] S,':' and Protection ..................................................................................................................29 6.14 :i.1) Representative........................................................................................ .........................30 6.15 | '/uodConnnuuicmdcm Programs.................................................... .....................................]O 6.18 | - `cggrncles........................... ....................................................................................................30 6.17 Shop Drawings and Samples.------.------_---.--__--.-----.'-3| 6i18Continuing the Work...................................................................................................................32 6.19 Contractor's General VVarnant.y and Guarantee................................... - ..................................33 6.20 Indemnification.............................................................................................................. ............33 6.2i Delegation uy Professional Dcu �nSmn/�e«_---.---.--------------.-..-.J4 Article 7-Other Work ct the Site...................................................................................................................35 7,01 @e(ukzd Work ul8iAc..................................................................................................................35 7J02Coordination................................................................................................................................35 7/)] LcumRe|/tiounsbiym---...-...------_-----------------------...]b Article 8 -Q%ncr's ResponsiHiiii...................................................................................................................38 8.01 Cwv^.xniczhon` :'` �. 'mnnuckv............................ ... ..... -- ................................-- ......... ....3b 0]32 8el''. . ', so[Lc,ineer........................................................................... ................................36 8.03 Fum' |h Data................................................................................................................................38 8.04 Pay When Due.............................................................................................................................J0 8.05 Lun'| xnd Easements. Reports and Tests...................................................................................3b 8I6 .^`.____.__..._._____._.______._____~_,.___._.___._..36 8.07 C h �`'Orders..... .................................................... ..................................................................37 8.08 losy`,:tiono Tests.and Approvals-..—.--.-'--_--.^--------------37 8{}9 Limitations nnOwner's Responsibilities...................................................................................j7 8.10 Undisclosed Hazardous Environmental Condition....................................................................J7 8.11 Evidence of Financial Arrangements..........................................................................................37 | 8.121 Compliance with Safety Program---.—~—.---------------.—.-._--.37 ArticleA - Enooeu/sStatuoDuhng ConSUncion.—...................................................................................... 9.01 Owner's Representative..............................................................................................................37 FJ(,-DC C-700 Standard Generid Condiffinn of the Construction Contract Copyright ID 20mNation2l Society mPrmva"naiewwwen»xEJcer All rights reserved. - _page It | 9.02 Visits Uo Site................................................................................................................................J7 | 9.03 Project Representative.................................................................................................................38 9j04 Authorized Variations in Work ................................................................. ................................38 4.05 Rejecting 0oK�tivc\�ork----.---._—...'''___---_----_-.--._---'3# | 9{)6 ShmnDruwnvx Chance Orders and Payments.............................................................. ...........3g 9.07 Determinations for Unit Price Work ..........................................................................................39 9.08 Decisions onReuum/oucnCsoJ Contract Documents and Acceptability of Work.....................3A ' 9.09 Limitations on Engineer's Authority and Responsibilities........................................................3g 5i10 Compliance with Safety Program...'....-''—.—._----.—..--_.................................. � Article }U-Chmn sn the Work, Claims ............... ....................................................... .............................4Q |O/)) Author , J Changes in the Work .............................................................................................40 }0l)2 Unauthorized Changes inthe Work............. ............................................................... ..............4\ | 10.03 Execution of Change Orders.......................................................................................................4i 10i4Notification b»Surety..................................................................................................................4| l0/J5 Claims..................... ....................................................................................................................41 | Article | \ -Cnx of the Work: Allowances, Unit Price Work.......................................................................4I 11.0 1 Cost of the Work.........................................................................................................................43 | 11I2 Allowances..................................................................................................................................45 11-03 Unit Price Work ................................ .........................................................................................45 | Article |2' -Change of Contract Price,Change of Contract Times............................................................. 4O )| Change of Contract Price............................................................................................................4h |-'./)] Change of Contract Times..........................................................................................................47 ) \ /[\ Delays............................................................................................ ................... .........................47 '\/;i ! 1 Tests and : Correction. Removal or Acceptance of Defective Work.......................48 | !.l'i Notice ef Defects.........................................................................................................................48 | � » � �\/ccsoVo Work.......................................................................... ................................. ..............40 i L:qs and Ln 'onm_--.-.----._----_.--.-._..^-_.-----_'—....4g ( |.]4 Uncovering Work........................................................................................................... ............4g |3/}5 Owner May Stop the Work.........................................................................................................5U � 13I6 Correction nr Removal o[Defective Work..... ..........................................................................50 | 13J07 Correction Period.................................................................................................................... ...50 13/08 Acceptance ofDei'�'(!%1,, Work............................. .....................................................................5| � |3ln {Jwncr.Muy C*nzJ Defective Work .........................................................................................52 | Article |4 - ilavoxm, to Contractor and Completion........................................................ ...........................52 14/01 S' vxh |ro[Values......................................................................................................................52 14/2 l'r '� / � /`xymmnY -.------.----.-._-------_-------'-.~------51 / 14/ 1 '/s Warranty of Title.......................... .........................................................................55 14/0! Completion........................................................................... ...................................55 ! 14.05 Partial [Nizaboo—..—..-- . . . ^ ^ . . . -.5h | 14/06 Flxol Inspection............................................................................................... ...........................57 14D7 fio.d Payment-------~''-----------..._--------._.---.—.--57 | 14]}8 Final Completion Delayed.......................................................................................................-58 | EJCL)C C-700 Standard Gmeral Conditions of the Construction Contract CovyTlgh/'0-Wnati"nal&xxcty of Professional mneineers for FJCwc All rights rescr°a Page III | 14.09 Waiver of Claims........................................................................................................................58 Article 15 —Suspension of Work and Tennination ........................................................................................59 15.01 Owner May Suspend Work................................ ........................................................................59 15.02 Owner May Terminate for Cause ...............................................................................................59 15.03 Owner May Terminate For Convenience...................................................................................60 15.04 Contractor May Stop Work, or Terminate.............................................................. ....................60 Article16— Dispute Resolution................................................ .....................................................................61 16.01 Methods and Procedures.............................................................................................................61 Article17 --Miscellaneous..............................................................................................................................61 17.01 Givinc, Notice........................................................................................ .............................. ......61 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations.............................................................. ................................................62 17.05 Controlling Law............ .............................................................................................................62 17.06 fleadinas......................................................................................................................................61 EJCDC C-700 Slatufard General Conditions or the Construction Conlrxi Copyright C 12W National Society of Profemlonal Engineers for F-J('D('. All rights rewri-cil- Page iv i ARTICLE I --DEFINITIONS AND TERMINOLOGY OGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Dcx°umel;: printed with initial capital letters. the terms listed below will have the meanings indica:_ «i,ici, are applicable to both the singular and plural thereof. In addition to 1 rnis specifically ciatins. .- gins with initial capital letters in the Contract Do um-nts includ(- roC.-.-_uces to identified art]-,I" . :;l:d paragraphs, and the titles of other docuni,_�i . - - •],1' . 1. Addenda—Written or graphic. in -- :-ii >ued prior to the opening, of Bids which clarify, correct,or change the Bidding Require,ii sets or the proposed Contract Documents. — Agreement—The written instrument which is evidence of the agreement between Owner and i Contractor covering the Work. :3. A,pplicatinn fr?r PaYrn, ,:, -The form acceptable to Engineer which is to be used by Contractor I during the course Work in requesting progress or final payments and which is to he accompanied by st: ': !;porting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbc ,: _ and is friable or is releasing asbestos fibers into the air above current action levels e,:. i"-d by the United States Occupational Safety and Health Administration. f 5. Bid—The offer or proposal of a Bidder submitted can the prescribed form setting forth the prices for the Work to be performed. 6. Bidder----The: individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements -The acl. J,crnent or invitation to bid. Instructions to Bidders, Bid :security of acceptable fclrm, if w-_ .!nki the Bid Form with any supplements. 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition. '_::ion. or revision in the Work or an adjustment in the Contract Price or the Contract Titrlc.:s. i 1rk�d on or after the Effective Date of the Aereement. 10. Claim---A demand or assertion by Owner or Contractor seeking. an adjustment of(`,='.itract Price or Contract Times, or both, or other relief with respect to the terms of the G wn-,wi. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. E JCDC C-700 Standard General Conditions or the Construction Contract --- Copyright C M7 National Society of Prarevional Engineers for F'JCU(:. All rights reserved. _ _ Pagr i of tit ... ............. 12. Contract Dortanents Those items so de, in the tnly - copies of the items listed in the A r Contns-t :.fw. Approved Shop Drawings, other Contractor submittalsw' 'O"i i'.: v,gmiris and draWi,Id , of subsurface and physical conditions are not Contract Documents. l 13. Cota.%w,—t Price--The moneys payable by Owner to Contras-t. nipletion of the Work in accw l::nce with the Contract Documents as stated in the Agreement (subject to the t pro\i ions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times =The number c f days stated a day or the dates .tatcc In the Agreement to; (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it t is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner hats entered into the Agreci t. 1,6. Cast of the Work- See Paragraph 1 1.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer w li graphically shows the scope. extent, and character of the Work to be perform Contractor. Shop Drawings and outer Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—-The date indicatedi 'n the Agreement on w•hi. i .,conws effective, but if no such date is indicated. it meals i:3:. _late on which the Agreemer: and delivered by the last of the two parties to sign and deli` 19. Engineer The individual or enti:�. .::aned as such in 20. Field Order—A written 4 .;,,d by Engii: .shish requires i.'norchanges in the Work but which does not involve ;s lit the G :--Tact Price orthe; C. -i Times. l 21. General Requirement,% Scctiuiis of Division l of the Specif ications. l r 22. Ha:ard errs Environmental Condition--The presence at the Site of Asbesto,�. PCB,. Petr Hazardous Waste, or Radioactive Material in such quantities or circa that may present a substantial dan`.er to persons or property exposed thereto. 1 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in i 1(X)4 of the Solid Waste Disposal Act(42 USC Section 6903) as amended from fibre tr n!!I•:. 24. Lass and Regulationv: laws or Re ulations--Any and all applicable laws, riles, r ordinan '_. axle`. : : ; wrders of any and all governmental bodies, agencies, authoriti •. .::i soul • i:. - jurisdik-:i•,n. 25. Liens Charves, security interests, or encumbrances upon Project funds. teal piol , I; personal property. 26. Afil,. . A principal "."iii .poet is i ,.l in the Contract Document- i.Iating to an intermediate Coll s:J.:ii:,:s .:!.,i -ir time prix! i, >>.!:.•!.tribal Completion of all the Work. Copyright< =r>r13 Vgtiorud St)r i,.. : ° ;;;,i E:npineers for MCD7C. All rights reserved. 2 of 62 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein. Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. I 30. PCBs----Polychlorinated biphenyls. 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is Liquid at standard i conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel tail, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times_ 33. Project—The total construction of which the Work to be perfonned under the Contract Documents may be the whole..or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s)of contents. 35. Radioactive Material SouF ,.,'al nuclear. or byproduci material as defined by the Atomic Energy Act of 1954 : LSC. Section 2011 et seq.)as amended from time to tithe. 36. Resident Project Representative---I'he aLithorized representative of Engineer who may be- assigned to the Site or any pan thereof. 37. Sarnliles----Physical examples of materials, equipment,or workmanship that are representative ` of sortie portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewill" Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions or the Construction Contract Copvrighl 1)2007 National Sudety of Professional Enginem for FJCDC. All rights reserved. — �� Page 3 of 62 -- _ I 40. Strop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 4l. Site—lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Wort:, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion T': time at which the Work (or a specified part thereof) has progressed to the point : :.., in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete. in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms ::substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. I 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier-----A manufacturer, fabricator. supplier, distributor, niaterialman, or vendor having a direct contract with Contractor..:- i•ii any Subcontractor to furiiish materials or equipitient to be incorporated in the Work by ( t1tr::•': )r or Subcontractor. 48. Underground Facilities—All Under 'and pipeline' . '•:,+idt:;1 ,. ducts, cables, wires, manholes, vaults, t;:::'..,. tunnels, or oil; €fli and ant • itasements containing sucli ; .i`s, including J'. th::: 4 ase . :Im, liquid petroleum prt tl,i." i 1-11hone or other ct�i.:;nuni,• :i "'No tt lt`vi i it, 1", Wastewater, storm watt'". �thes i I,, or chemicals,or t:.iffic of-, 49. Unit Price 64u1•k Work to be paid for on the basis of unit prices. 50. Work--The entire construction or the various separately identifiable il%rt, thereof required to be provided under the Contract Documents. Work includes and is thti . :!1: 4 perfon-nine or providing all labor, services, and documentation necessary to prcxluCt . UJi : ;Istruction, ::ii i furnishing, installing. and incorporating all materials and equipment into such constructin. i all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the EffectiVC Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCUC C-700 Standard t enerat Conditions of die Comtruction Contract Copyright 0 2007 Nutiona6 Society of rhrofc.sionui Fnitimers for FJ CDC:. MI Ho Ls reserved. Page 4 of 62 I I addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions Linder which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following iji� by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02-13 through F are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Ternis or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered." 'as directed"' or terms of like effect or import to authorize an exercise of profession,11ju,Igment by Engineer. In addition, the adjectives "reasonable," "suitable." "acceptaK ." proper," ...: ;'_,•tory, or adjectives of like effect or import are used to describe an 0i! or (1�•, i-inination of Engineer as to the Work. It is intended that such exercise of pruf(".-,nal jud,,fnent, action, or determination will be solely to evaluate, in general. the WK --' for compliance with the information in the Contract Documents and with the design con,• ---t of the Project as a function in,, --.1 le as shown or indicated in the Contract Documents (wiless there is a specific stateni�:-.; ;:.dicating 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 super- or di: -t the performance of the Work. or any duty or authority to undertake resp ::''sty :-trary to the provisions of Paragraph 9.09 or any other provision of the ! Contract ol C. Daw 1. The word "day" means a calendar (lay of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "'defective," when modifying the word Work." refers to Work that is unsatisfactory, faulty,or deficient in that it: a. does not conform to the Contract Documents-,or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents: oi- c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). F_1CtWW C-700 Standard Cetwrat Conditions of the Construction Contract — Copyright'.0W National soLiet..orrrofessionai FnxJr*vrs for EJCDC. U rights reserved. Nge 5 of 61 F. Furnish, Install, Perform,Provide: I. The word "furnish." when used in connection with services, materials. or equipment, shall mean to supply and deliver said services, materials. or equipment to the Site (or some other specified location)ready for use or in,,tallation and in usable or operable condition. 2. The word "install." when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials. or equipment complete and ready for intended use. 3. The words "perform" or "provide." when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials. or equipment complete and ready for intended use. 4. When "Furnish," `'install," "perform," or -`provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. 'Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning, ARTICLE 2-PRELIMINARY INIATTERS Z.0 l Delivery of Bonds arul Evidence of hisuranc-e t i A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of htsurance: Before any y Work at the Site is started, Contractor and Owner shall eac deliver to the other, with copies to each additional insured identified in the Supplementary Conditions,certificates of insurance (and other evidence of insurance which tither of them or any additional insured may reasonably request) which Contractor and Owner respectively art: required to purchase and maintain in accordance with Article 5. 2.0-1 Copies of Doc runents A. Owner shall furnish to Contractor tip to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. Commencement of Contract Times. Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Pn,�-_ ' i ;- it �.�ii. ::.; die day indicated in the Notice to Proceed. A Notice to Proceed may be given .ea :;ii. tinic N%flhifl 30 days after the Effective Date of the. Agreement. In no event will the Contrt,i 'Times commence to run later than the sixtieth day after- the day of Bid opening or the thirtieth day after the E=ffective Date of the Agreement, ',whichever date is earlier. E-dCUC C-700 Standard General Conditions of the construction Contract Copyright',C 2007 Natiomil Society of Professional ErWneers for FJCM. All rights reserved. ---- --- _ ----- -- —�� - Page 6 of 62- -- — i e 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done € . prier to the date on which the Contract Times continence �. to run. 2.015 Before Starting Construction A. Preliminary Schedules: Within 10 days after the EIYII Date of the A,. ! ]It (unless otherwise specified in the General Requirements}, Contract(,:- ;hall submit to Erg for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or Li.;ies) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Precvnstruction Conference;Desigttration gfAuthorized Representatives I A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling I :Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contr,.,,tor each shall designate, in writing,a specific individual to act as its authorized representative ith respect lea the services and responsibilities uncles the Contract. Such individuals shall hzt• . ilte authtr..•. 1 instructions, receive: inforniation. render decisions relative to the Cony.::.:I, and othcrw i,,• < mi behalf of each rest: ?,07 Initial Acceptance e of Sefiecltrles I A. At least 10 days before submission of the first Application for Payment a conferenee attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to I Engineer as provided below the schedules submitted in accordance with Paragraph Contractor shall have an additional 10 days to make corrections anti adjustments and to conipt 1_- and resubmit the schedules. No progress payment shall be made to Contractor until accL'l3i'.'.hI l 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 I --- --- - EJCDC C-790 Standard General Conditions or the Constrdk-don Contract - Copyright MAW National society or Proresslonal Engirderrs for EJCUC. All rights reserved. --- ---- Page 7 or 62 Engineer responsibility for the Progress Schedule, for sequencing, schedulir, tress of the Work, nor interfere with or relieve Contractor from Contractor's hill ic.,poasibility therefor. 2. Contractor's Schedule of Sit' -:;;T; Is will be acceptable to Engineer if it provides a workable arrangement for reviewing and i cessing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and:substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the C,,: :.. 111C'talents to describe a functionally complete project (or part thereof) to be - i in aCL , e with the Contract Documents. Any labor, documentation. se, i;:: •rials, or k. :i;iment that reasonably may be inferred from the Contract Documents or from prevailing c , z;un or trade usage as being required to produce the indicated result will be provided whether not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications,Codes, Laws,and Regulations I. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to I Regulations, whether such reference be specific or by implication, shall mean the stani ', :.i. •,ifcation, manual, code. or Laws or Regulations in effect at the time of opening of Big; .or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents_ 2. No provision of any such stan,L:-cl. specification, manual, or code. or any instruction of a Supplier, shall be effective to 1•: .1-e the duties or responsibilities of Owner, U-ntractor, or Engineer. or any of their subs'(, . :t,-tors, consultants, agents, or employees, 1`:-- those set forth in the Contract Document,. . i h provision or instruction shall be effe, o assign to Owner. Engineer, or:u._ of their- .directors, members, partners, empl, .�_es, agents, consultants, or subcoi •;.. ,•s, any duty or authority to supervise or direct the 1)".i ,rmance of the Work or any duty or :ltority to undertake responsibility inconsistent with the provisions of the Contract Documents. E.tO C-700 Standard Ctneral Conditions of the Construction Con~ CopyriKht C 2007'National Society of Professional Engineers for EJCD . All rights reserved. raged of 62 ! 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: ! 1. Contractors Retie,+' of Contract Documents Before Starting Work: Before undertaking each part of the Work. Contractor shall carefully study anti compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor !. shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers,, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor:s Review of Contract Documents During Performance of Mork: If, during the 1 performance of the Work, Contractor discovers any conflict, error, ambiguity,or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of ! any Supplier, then Contractor shall promptly report it to Engineer in writing.Contractor shall not proceed-with the Work affected thereby(except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by I one of the methods indicated in paragraph 3.44. 3. Contractor shall not be liable to Owner or Engineer for f iihnv to report any conflict, error, ! ambiguity, or discrepancy in the Contract Document, unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the previsions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual. or code, or the instruction of any I Supplier (whether or not specifically incorporated by reference in the Contract Docurents);or I 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 stich Uw or Regulation). I 3-04 Amending and Supplementing Contract Documents I A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. I B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: I ---�-_--� w_--.EJCDC C-?W Standard General Conditions of the Construction Contract - - -- Copyright's 2'rlr7 National Society or Professional Engineers for EJCDC. All rights reserviil. _--_Page9 of 62 I- A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragrap 6.17.D.3);or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications. or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or 2. reuse any such Drawings, Specifications, other documents,or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prolli'l 1);1 ions of this Paragraph 3.05 will survive final payment, or termination of the Coijl=,!, !- �ihing herein shall preclude Contractor from retaining copies of the Contract Docun ii for record purposes. 3.06 Electronic Data A. Unless otherwise in the Supplk-lii:.vary Conditions, the data furnished by Owner or FnIiinoer to Contr,i,': ... or by Contra Owner or Engineer. the ti may be relied upon are i:: I i�rIntedC,,hies(also k! as hard copies). Files in v'. -,�jiic media format of text, data, graphi•z , or other types are furnished only for the convenieu,. .. of the receiving party. Any conclusion or information obtained or derived from such electronic riles will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or h, ri• "Ified inadveriewly or otherwise without aui';• ization of the data's creator, the parv, -lectronic file,- that it will perform Jk_,stance i� i r procedures within 60 days, after the receF i;!!,• i"afty shall be deemed w accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the tranSferrincl party. C" C. When transferrin,, documents in electronic media format. the transferring party makes no 47 -1 representations as to long term compatibility, usability, or readability of &curnents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. F t(U:C-700 Standard Cotmral Ca"ff 7- !'w Constnwtioti Conlrut C-pyiol V 2007-4-tia-w society or ft-rew,,,, For F)CIK, An rot,M.'r"d, ARTICLE 4—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability(!f Lands A. Owner shall fu-.-;Nh the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general '.1'-plication but specifically related to use of the Site with which Contractor must comply in perf. the Work. Owner will obtain in a timely manner and pay for casements for permanent strw i:,; - or permanent changes in existing facilities. If Contractor and Owner are unable to agree oii .---,.'-,Icment to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof.Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request. Owner shall famish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary (lor giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: I. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site-, and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of'the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such '*technical data." Contractor may not rely upon or make any claim against Owner or Frigincer,or any of their officers,directors, members, partners, employees.agents.consultant . :,z- mf.x-ontractors with respect to: 1. the completeness of such rej and drawings for Contrac---i's purposes, including, but not limited to, any aspects of t!:,• itteans. methods, techniqLF— . 7:-Aluences, and procedures of construction to be employed by Contractor, and safety piccamions and programs incident thereto, or 2. other data. interpretations, opinions, and information contained in such reports or shown or indicated in such drawings,or 1. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. LICIWC-700 standard General co.di;iOm of tic Construction-Contract Copy right Ir 24W Nntional Stwieo of 11rafe-4unal Engineers for FJCDC. All rights rew-mrd. page ii or 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data"on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate:or 2. is of such a nature as to require a change in the Contract Documents;or 3. differs materially from that shown or indicated in the Contract Documents;or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall: promptly after becoming aware thereof and before further disturbing the 4u!irface or phy�i.- .- �nditions or performing any Work in connection therewith (except in an e .: Ik:y as requi: .i by Paragraph 6.16.A), notify Owner and Engineer in writing about such c- :! iition. Contractor shall not further disturb such condition or perform any Work in connection tiwi ewith(except as aforesaid) until receipt of written order to do so. B. Engineer's Rev.. . . :O fter receipt of written notice as required by Paragraph 4.03.A,Engineer will promptly re',i =nent condition,determine the necessity of Owner's obtaining additional explorati pect thereto,and advise Owner in writing (with a copy to Contractor) of Engincer's tinui, ,-:id conclusions. C. Possible Price and I"imes Adjustments: 1. 'The Contract Price or the Contract Times, or both, will be equitably adjusted to the exten that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's co,,; time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4,03.A;and I . b. with respect to 'Work that is paid for on a unit price basis. any adjustment in Contract " Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract ['rice or Contract'Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under it n: ,, .i lted contract;or j b. the existence of such conditiull L'., I.i w.tsonably have been discovered or revealed as a result of any examination, investigation, exploration, test. or study of the Site and kJCDC C-704 standard C:eneral Conditions of the Conomi Lion Conn-act - ! Copyright OD 2M National Society of ProrevJonal Eng3aeers for 1•:JCDC. All rights reserved. — - - ---- -- Page it of 62 I contiguous areas required by the Bidding Requirements or Contract Documents to tx. , conducted by or for Contractor prior to Contractor's making such final commitment:or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times. or both, a Claim may be made therefor as provided in Paragraph 10.05. However. neither Owner or Engineer, or any of their directors, members, partners, employees, agents, consultants, or subc, :-z...... be liable to Contractor for any claims, costs, losses, or damages (inck: *,jing !,::: iiot limited to all fees and charges of engineers, architects, attorneys, and other professional and all court or arbitration or other dispute resolution costs) sustained by Contractor i i ,sr in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The infOlTilation and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions-. 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price. and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, incilldin", Owner,during construction: and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: I. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, oi• not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall. promptly after becoming aware thereof and before further disturbing conditions affected thereby oi- performing any Work in connection therewith (except in an emergency as required by Para-graph 6.16.A►, identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if ally, to which a change is required in the Contract Documents to reflect and documeni tile PJCDC C-700 Standard General Conditions of the Construction Contract CopyTijtht,�2007 National Society of Profmional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. if Engineer concludes that a change in the Contract Documents is required. a Work Change Dirc.•.'ve or a Change Order will be issued to reflect and document such consequences. An .4ustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If 04vnl•, and Contractor are unable to agree on entitlement to or on the amount or extent. if,ink. -;t.% such adjustment in Contract Price or Contract Times, Owner or Contractor may iaim therefor as provided in Paragraph 1 4.05. 4.45 Reference Points A. Owner shall provide engineering surveys to establish reference points for con:truction which in Engineer's judgment are necessary to enable Contractor to proceed with th Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the u : .::shed 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 reloca! ° ,,cause of necessary changes in grades or locations, and shall be responsible for the accur..- -tacement or relocation of such reference points or property monuments by professionally ytt,iriti;d personnel.. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. 4 B. Limited Reliance 6v Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the ``technical data" contained in r :. reports and drawings. but such reports and drawings are not Contract Documents. Such :-::;cal data" is identified in the Supplementary £'onditic :i-. Except for such reliance ;: ;,i::il data,,' Contractor may not rc _ 3 ! mako . : Maim against Owner or f:: -:::- : .'leir officers, directors, members, parin . enipl,iy_ :i:Ynts,consultants,or srr 1k_k,i;tiaCivi-, %k idl respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, hilt !.-•i limited to, an aspects of the means, methods, techniques, sequences and pro cede construction to' be employed by Contractor and safety precautions and programs incident thereto:or w. 11her da!a. iriterpretationr. opinions and information contained in such reports or shown or inclicat, . ii,•h dnc, ,r- interpretation of or conclusion drawn from an% '-technical data" or anN such interpretations,opinions or information. _ . e E icDc C-700 standard Generai C, -':, . ,„t the Construction Contract _ Copyright®2007 National Snotty of Prormi ! . ::_iiwm ror F:JCM. Ali rights reserved, Paw t. I P i C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor,Subcontractors,Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for l whom Contractor is responsible ctv :; •; a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwi•.- i.-,,.)late such condition; (ii) stop all Work in connection with such condition and in any area affeciod thereby(except in an emergency as required by Paragraph l 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Otis i., -- hall promptly consult with Engineer concerning the necessity for Owner to retain a qualifi::i :,xpert to evaluate such condition or take corrective action. if any. Promptly l after consulti ith Engineer,Owner shall take such actions as are necessary to permit Owner to timely obtain r;: :sired permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such conditi, : :,nd any affected area is or h:i: been rendered safe for the resumption of Work. or (ii) specify.:-. -Jal conditions u::,::;" which such Work may be resumed safely. If Owner and Contractor :annol : free as to entid, ;n l to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Tinic;s, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Clain[ therefor as provided in Paragraph I 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a I reasonable belief it is unsafe, or does not agree to resume such Work under such special condition - then Owner may order the portion of the Work that is in the area affected by such condition ; , be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to I or on th,: •ralount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of :9leleting such portion of the Work, then either party may make a Claim therefor as prw.ide(! in Paragraph 10.05. Owner may have such deleted portion of the Work performed by (.il: _ - n forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold I harmless Contractor, Subcontractors, and Engineer, and the officers. directors, members, partners, ernployeey. agents. consultants, arid sub,ntractors of each and any of them from and against all claims, losses, and damages ihr. :,;.ling but not limited to all fees and charges of l engineers. architect inieys, and other pioi-,,.° lonals and all court or arbitration or ether disl ule resolution L,.. i , .::-icing out of or relaiin6 to a Hazardous Environmental Condition. pr; i• ;[ that such Ha ::r-dous Environmental Condition: (i) was not shown or indicated in the I D,:,--.•ings or Specifications or identified in the Contract Documents to be included within the s.;,;;. . of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is re:: •;r, ilNle. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or c.iali\ from and against the consequences of that individual's or entity's own negligence. F.JCDC C-700 Standard General Condition,of the Consinuction Contract Copyright X12007 rational Society of Professiunal Engineers for EJCDC. All rights reserved.. I -- �— — --- � Page 15 or 62 i H. 7o the fullest extent : Laws and Regulations. Contractor shall indemnify and hold harmless Owner and Eli;-':. .iild the officers, directors, members, partners,employees, agents, ' I consultants, and subcontr icwr,, of each and any of them from: and against all claims,costs,losses, and damages (including but not limited to all fees and char, of engineers, architects, attorneys, and other professionals and all court or irbitration or other r" :,ute resolution costs)arising out of or relating to a Hazardous Environw :i A Condition cre,; ..i by Contractor or by anyone for whom Contractor is responsible. N .: in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity hom and against the consequences of that individual's or I entity's own negligence. 1 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. AR'T'ICLE 5—BONDS AND INSURANCE 4.01 Perfinwz lnce, Pa ment, aml Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contr. ; obligations under the Contract Documents. These bonds shall remain in effect until one year{:. the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulati(.,ii . and shall be executed by sl! •.. :,-ties a,, :: :med in the list of"Companies Holding Certific.. of Author as Acceptable Sic:- .: on l ",ral Bonds and as Acceptable Reinsuring Cotnpar :!.d in C`i.° -ular 57U tantended) by the Financial Management Service, Surety B :. Dt-:• :::.lent of tl• _i !,,Try. All bonds signed by an agent or attorney-in-fact ipani_,: a certiii—i of that individual's authority to bind the surety. IT .,i..ihority :!11 ,hov.• that it is effective on the date the agent or attorney-in-fact si«:; C. If the sw- - _. ::::_ i,ond furnished by Contractor is declared bankrupt or 1 _.omes insolvent or its right to do is terminated in any state where any pail of the Ili •1. It, -r d or it ceases to meet the requirements of Paragraph 5.01.8. Contractor shall pruuipdy n-t:fy Owner and Engineer and shall. within 20 days after the event giving rise to Tisch notificati, _-rovide another bond and surety, both of which shall comply with the requi: ironts of P,,r:_. 5.01.13 and 5.02 Licensed Sureties and insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance compa ni,•, that are duly licensed or auth.'ri in the jurisdiction in which the Project is located t i bonds or insurance policli !",r the limits and coveragff so required. Such surety and iii ;!r...nce companies shall also F,j ci)(" :.:;:ions or the constntecion contrwt t'ot:rright ID 2W-, ,4.ti,as.,!s..:i.:) ,,i i',.. !E4neers for EJC:IDC. All rights reserved. meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to earl: -Aditional insured and loss payee identified in the Supplementary Conditions. certificates .;' insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Con--- -: r, with copies to each additional insured and loss payee identified in the Supplemen.:.:-v C. :. :IJ r, certificates of insurance (and other evidence of insurance requested by Contractor oi- any !her additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certific,,i or other evidence of Conlractor's full compliance with these insurance requirements or fails! - Owner to identify a deficiency in compliance from the evidence provided shall not be con J as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Comractor's Msitrance A. Contractor shall purchase and maintain such in-,�nr. :;, i,*, appropriate for the Work being performed and as will provide protection from cl::;;,.,- !'()rth Wow which may arise out of or result from Contractor's performance ihe Work n,-. J Contractor's other obligations under the Contract Documents, whether it i it• i i tciformed by Contractor. any Subcontractor or Supplier, or by anyone directly or indir• -:1, -,-:�,pio' yed by any of them to perform any of the Work, or by anyone for whose acts any of them linty be liable: I. claims under workers' compensation, disability benefits. and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease.or death of any person other than Contractor's employees, 4. clainis for damages insured by reasonably available personal illjffy liability coverage which are sustained: Ej(-'Dt*OAK)Standard G z- -,nditiom or the Construction Contzart Copyright 1? 2W National Society of Ve. 'anal Engineers for EJCDc. All rights reserved. Pa 17 of 62 I a. by :: :. as a result of an offense directly or indirectly related to the employment of such hcl by Contractor,or b. by any other person for any other reason-, 5. claims for damages, other than to the Work itself, because of injury to or destruction of i t:ri;-ible property wherever located, including loss of use resulting therefrom; and* 6. Ci..il:l , for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance wired by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 incl;, 've, be written on an occurrence basi,, i:lrll€cte as additional insureds (subject to any . : t=)rt1ar exclusion regarding professions: k.-:-i:i: . t Owner and Engineer, and any other indi-, : .. . entities identified in the Supplementary Conditions, all of whom shall be listed as adcli:: insureds, and include coverage for the respective officers, directors, members, partn,• employees, a,, ;. consl-i:.ints, and subcontractors of each and any of all such additional insureds, and .: ;._-. ..-•e afforded to these additional insureds shall provide primary coverage for all c:: ,- ::.,, covcred thereby-, 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.1 1 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Par° < raph 5.03 will so provide); 7. remain in effect at least until final payment and at :Jl times thereafter when Contractor may be correcting, removing;. or replacing defective W- in accordance with Paragraph 13.07; and 6, include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identiti i in the Supplementary Conditions. to whom a certificate t)t :n }trance has been issued. :_°Jdence I satisfactory to Owner and any such additional insured ul Continuation of such insurance at final payment and one year thereafter. f Ejctx.'C-700 Standard(;ewral Conditions of the C onsirwdon Contract t rqr r imht t'2007 National.Sw ic"o€f'rofessional Engineers for FJCUC. All rights reserve~!. - rage 18 of 62 f f f I 5.05 (hvPwr'.Y Liability hisurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless other- i,e provided in the Supplementary Conditions. Owner shall purchase and maintain property ins!:..:nee upon the Work, at the Site In the amount of the full replacement cost thereof (subject to ! -h deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). 'Phis insurance shall: I. include the interests of Owner, Contractor, Subcontractors. and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee, 2. be written on a Builder's Risk "all-risk" policy form that sf�,,dl at least include insurance for physical loss or damage to the Work, temporary buildin. . f:0,;t-work, and materials and equil-.Ait in transit, and shall insure against at least ti:, .". J, %,I:., perils or CaLISCS Of IOSS: fire. i;,Jitning, extended coverage, theft, vandalism and Malicious mischief, earthquake, ci)!i debris removal, demolition occasioned by enforcement of Laws and Regulations. water damage(other than that caused by flood), and such other perils or causes Of loss as May be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges Of engineers and architects)-. 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that Such miilerialti and equipment have been included in an Application for Payment recommended by Engineer-, 5. allow for partial utilization of the Work by Owner: 6. include testing and startup;and 7. he maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor. and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional properly insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner. Contractor. Subcontractors. and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers. directors, F,JCIX--C-700 Sta114ard General Comildom of the Construction Contract Copyright t,2007%stional society of Professional V:►gineers for F-JCDC. All rights m-crved. Page 19 of 62 members, partners. employees, agents, consultants and subcontractors of each and any of there. each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written no'! - been given to Owner and Contractor and to each other loss payee to whom a certificate , , :! !,tifance has been issued and will contain waiver provisions in accordance with Paragraph 5.()'.'. D. Owner shall not be responsible for purchasing and 1 staining any property insurance specified in this Paragraph 5.06 to protect the interests t .", ' ,or,Subcontractors,or others in the Work to the extent of any deductible amounts that are ide-,i-i ',2d in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor,Subcontractors, or others suffering -:" Alch loss, and if any of ihem wishes property insurance coverage within the limits of such .: :: iias,each may purchase and maintain it at the purchaser's own expense. E. If Conti-actor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06,Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner. Contractor, Subcontractors, and Engineer, and all o ' s or entities identified in the Supp;, ::-. ---: --,, Conditions as loss payees (and the members, partners, empl4v, ak,cta,. nsultants. and soh of ilicni) in such policies .1 ge fw .rig K I by the perils or olicies and %0' pi,ivide pni;iury coverage dam, causes of loss c. - ,red thereby. All such polio' -, shall provisit 1h to the effect that in the event of paynu:;,. my loss or damage the iL!rs will have no rights of recovery vminst any of L the insureds or loss payees thereunder. Owner and Contractor waive all rights agaii. i ...,-h other and their respective officers, directors. members. partners. employees, agents. o..1 Atants and subcontractors of each and any of them for all losses and damages caused by, ari- tit of or resulting from any of the perils or causes , !' !i iss covered by such policies and any oth, . ; � — - insurance applicable to the Work-, and, in Ji,fitlon, waive all such fight, iainst Suhcon1'1a'C!":' 0 and Engineer, and :J1 other indi� ;'11ities identified in the SUP', ::1-111ary C011J:!i!• loss payees (:md 4ficers, di partners, C0nSL1i',,--;; subcontract,.:- trid any k -in) under such policies !'!,* 1 ' ,-,es . :I images so 2_.:: None of the at,, aivers shall em,nd to the fights that any po:: makin,.' waiver nia.- is"- to the proc • i;i•urance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all fights against Slil•,%intl ,tiid Engineer, and the officers, directors, members, partners. emplo-:r. ..iJ 'Albcontractors of each and any, of them for FJCDC C-700 Standard General Conditions of the Constn►ction Contract C M7 NationalSociety of Professional Engineers for FJCDC. AU riglus reserved. Page 20 or 62 I. loss due to business interruption, loss of use, or other consequential loss extending 4:' beyond direct physical loss or damage to Owner's property or the Work caused by, arising out or, or resulting from fire or other perils whether or not insured by Owner;and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain r- '; !', ii: to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners.. employees,agents,consultants and subcontractors of each and any of them. 5.08 Receipt an(i Application of Insurance Proceeds A. Any insur - : i ,s under the policies of insurance required by Paragraph 5.06 will be adjusted with Own; : nade payable to Owner as fiduciary for the loss payees, as their i. -rests may appear, Subject : .'ie requirements of any applicable mortgage clause . : .1 . ih 5,08.13. Owner shall dej,,- ;I in a separate account any money so received : ;;all JL,,iribuic it in accordance with such i,:ement as the parties in interest may reach. 1f ct 71,.cr special agreement is reached, the damaged Work shall be repaired or replaced. the mor, so received applied oil account thereof, and the Work and the cost thereof covered by an apl•�-,,priate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and. if required in writing by any party in interest. Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bon.-Is turd Insurtaice: Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the h;it !, or insurance required to be purchased and maintained by the other party in accordance with icle ; ;,n the basis of non-conformance with tht., t ',intract Documents. the objecting party shall i, i s the other party in writing within 10 dav, 1.!'Ier receipt of the certificates (or other evidenc • �. juested), required by Paragraph 2.01.13. O%Ni-. 1- :..lid Contractor shall each provide to the other such additional information in respect of provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract DmUnents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work-, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's FJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 200 National Society of Professional Engineers for FJCDC. %ff rights reserved. Page 21 of 62 I interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. I 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If•Owner finds it necessary to occupy or u, a por; portions of the Work prior to Substantial Completion of •11 the Work as provided ,: f'.::.. :r 14.05. no such use or occupancy shall commence Fier- - the insurers providing the prkip itN insurance pursuant to Paragraph 5.06 have acknowledge,-. --otice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or perrmitted to lapse on account of any such partial use or occupancy. ARTICLE.6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct il. Work competently and efficiently, devoting such attention thereto and applying such skill, ..,, �_xpertise as may be necessary to perform the Work in accordance with the Contract Mxurnews. Contractor shall be solely responsible for the mean,. methods, techniques, sequences., and procedures of construction. Contractor shall not be resp p:. 1ble for the negligence of Owner or Engineer in the design or specification of a specific mean . method. technique., sequence,or procedure of construction which is shown or indicated in and ;ar ssly reC ui: .i by the Contract Documents. B. At all times cir.: .: : the progress of the Wort:, Contractor shall assign a competent resident ( superintendent %u:I, :11 not be replaced without written notice to Owner and Engineer except underextraordinai-y .r:curristances. +6.02 Labor. Working Maters A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwi,, ; •quired for the safety or i of persons or the Work or property at the Site or adjacent tar, and except as oth :.tied in the Contract Documents, all Work at i the Site shall be peilonned duri::: regular %vorking Contractor will not permit the perfomiance of Work on a Sai,ir Sunday. or and I holiday without Owner's written consent(which will not be unreaa«nably withheld)giver i.-i-prior written notice to Engineer. 6.03 Services, Materials,and Equipment A. Unless otherwise speci.i, ` in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials,equipment, labor. transportation,construction egiril�:t=. : t anal machinery, tools, appliances, fuel, power, light, heat. telephony , ,,, , :.niiary faciliti temporary facilities, and all other facilities and incidentals necessary fut ill, perfOrinance. testing start-up. and completion of the Work. EJCDC C-700 Stwidard General Conditions of the Comtnwtion Contract Copyright�O ZM National Society of ProfeWanal Ettginecrs for E,ICDC. All rights rescryed. -- Page 23 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, oNcr•t?i as otherwise provided in the Contract Documents. All special warranties and guarant+et:. , ,:. i by the Specifications shall expressly run to the benefit of Owner. If required by Engil r, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the source,kind,and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected,. E used,cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 1 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2-07 [ as it may be adjusted from time to time as provided below. I. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Stich adjustments will comply with any provisions of the General Requirements applicable thereto. I 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times 1 may only be made:by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intern'.- I to establish the type, function, apl)L.t:.:.. iC�'. ;Ind quality required. Unless I the specification or J_ .'ription contains or is followed by •,i,ling that no like, equivalent. or "or-equal" item or no substitution is permitted, other itai. of material or equipment or material or equipment of other Suppliers may be submitted t. engineer for review under the l circumstances described below. 1. "t7r-Equal"Rents: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required. it may be considered by Fti-incer as an "or-equal" item, in which case review and approval of the proposed item rnay. in Engitwer's sole discretion, be I accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.x1.1, a proposed item of material or equipment will be considered functionally equal to an item so narned if: l a. in the exercise of reasonable judgment Engineer deteriiiines that: 1 i it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics: I F JCDC C-7W Standard C'eneral Conditions of the Construction Contract copyright:o 2007 National Society of FrofoWonal Engineers for EJCDC. Alt rights reserved. Page ZJ of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole:and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that,if approved and incorporated into the Work: I) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform ==tially to the detailed requirements of the item named in the Contract Doc.-;... 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.I. it. will be considered a proposed substitute item. shall submit sufficient inforrrj:c: 7 provided below to allow (• :; ., -r to if the item of material or equips-,%: . 1-lioposed is essentially equi%,i,cnt i,� that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in p'aragr'aph 6.05.A?.d, as supplew�, ,1:',•d by the General Requirements, and as Engineer may decide is appropriate under tli,: :I�vumstances, d. Contractor shall make written application to Engineer for review of a proposed substitute I item of material or equipment that Contractor seeks to furnish or use.The application: I) shall certify that the proposed substitute item will: a) perfortr adequately the functions and achieve the results called for by the general design, I I b) be similar in substance to that specified, and 0 be suited to the same use as that specified; will4tate: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed ,.:'-,6tute item in the Work will require a change in any of the Contract Document for in the provisions of any other direct contract with (} :: for other work oi.- 'he Project) to adapt the design to the proposed sulti.t,��i: F.JC EW C;r �:Lindurd General('conditions of the Construction Contraet Copyright 0 2W7 N.thimil socteis of Professional Engineers for I J('[K'. All rights reserved. Page 2i of 62 I c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering,sales, maintenance,repair, and replacement services:and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engin,• -r. in Engineer's sole discretion, to determine that the substitute proposed is equivalent to th-,±, :-<ly called for by the Contract Documents. The requirements for review by Engineer skill 0k: iiiiiiiir to those provided in Paragraph 6.05.A.2. C. Engineer's Evcduafion: Engineer will be allowed ,. n:.I)le time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or Substitute will be ordered. installed or utilized until Engineer*s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Spe•iul Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any Substitute. E. Engineers Cost Reinibursement: Engineer will record costs in evaluating a Substitute proposed or submitted by Contractor pursuant to Paragraph,, o 1 ,.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submittal b� Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimhiw�e Owner for the rc.! enable charges of Engineer for making changes in the Contract Documents (or in the pro 3,,i, !�i i'any other direct contract with Owner)resulting from the acceptance of each proposed SUbStIIIII,:. F. Contractor's La-pense: Contractor shall provide all data in support of any proposed substitute or "or-equal''at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers,and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or ewit (MJ1)JII"II!' those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially kl,- g replacement, against whom Owner may have reasonable objection. Contractor shall not i,,: EICTIC C=700 Standard General Canditiot"or dwCanstnwflan Contrwt — Copyright C2007.Natjonsl liodet.v of Professional Engineers rorFJCDC. M rights rescrved. Page 23 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors,Suppliers,or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a I specified date prior to the Effective Date of the .n ement,and if Contractor has subn>i., : _- list thereof in acco ith the Supplementary C, ;. itions, Owner's acceptar — (either ::.ing or by failing to Iiiakc Kitten objection therett) 1, .: date indicated fc,l ,r obje4tion in the Bidding Documents or the Contract Docun=�;1. ;+f any such Subc .:. -.,ctor, ,iupplier,or other individual or entity so identified may be revokers ;,n the basis of re.l :;able objection after due investigation. Contractor shall submit an acceptable replacement for i'.c rejected Subcontractor, i Supplier, or other individual or entity, and the Contract 'rice will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor. Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors. Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: I. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor ?. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor,Supplier,or other individual or entity except as may otherivise be required by Laws and Regulations. D. Contractor shall be solely responsible f;,r .chcduling and coordinating the W(-)!-k „f Subcontractors, Suppliers, and other itt. i ,, ':..i �.:ntities perfornrtng or furnishine Work under a direct or indirect contract with Cott; tor. E. Contractor shall require all Subcontrlctors, S,,ii,- 11 : and such other inditidu.J :rides performing or furnishing any of the Worm to coni:inu:•; - kte with Engineer through C F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontracii:, >> Supplier which specifically binds the Subcontractor or Supplier to the applicable temi :. . : . c,li,liii+zt „f the Contract Documents for the benefit of Owner and Engineer. Whc+,. i i , . : s.,.rit is with a Subcontractor or Supplier who is listed as a loss payee on the pre,;, i i +irance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontm..- r or Supplier «ill contain provisions whereby the Subcontractor or Supplier waives all rights against Owner. EJCUC C-700 Standard general Conditfom of thr t omtruction Contract Copyright V 2007 National Society of Professional Engineer for UC DC. All rights reserved. — F'age 26 of 62 --- 1 I Contractor, Engineer, and ::'.! ether individuals or entities ide-nti, in the Supplementary Conditions to be listed as in.-. -.•-,ds or loss payees (and the officers, di_ -.tiers, members, partners, employees, agents. consult;.;:. . ;!id su'l contractors of each and any as:' them) for all losses and l damages caused by, arising OU: r;. ; to, or resulting from any of the perils or causes of loss covered by such policies and any o{1; . ;,r.,perty insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties 1 A (' • : .. •ior shall pay all license fees and royalties and assume all costs incident to !';- L,,: in the pl...L Ermance of the Work or the incorporation in the Work of any invention, dc:•'I_:n. process, product.or devi.� - which is the subject of patent rights or copyrights held by others. If a particular I invention, ti., i .: 1-• product, or device is specified in the Contract Documents for use in the perform.:. •c ut dic 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 royalt-, t,, others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and 11; Id. I harmless Contractor, and its officers, directors, members, partners, employees, : t consultants, and subcontractors from and against all claims, costs, losses, and damages (illckldi:a.y but not limit i to all fees and charges of engineers, arc:hite,,, rneys. and other professionals. I and all cotta • : :arbitration or other dispute resolution co a arising out of or relating to any infringement }: patent rights or copyrights incident to the use in the performance of the Work or restittng from the incorporation in the Work of any invention,design, process, product,or device I 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 therm front 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 I performance of the Work or resultinge from the incorporation in the Work of any invention, design, process, product,or device not specified in the Contract Documents. I 6.08 Permits A. Unless otherwise provided in the Supplementary C ondittons. Contractor shall obtain and pity for all construction permits aul lit---a Owner shall ;. : Contractor, when necessary, in obtaining such permits and G,ntracior shall pay all rnnmental charges and inspection fees necessary for the pr-, ...-ution of the Work which are applicable at the time of opening,of Bids,or, if there are no Bids,on ti:C Effective Date of the Agreement. Owner,hall pay all charges of utility owners for connections fOr providing permanent service to the Work. 1 EJCDC C•700 Standard general Conditions ref the Constntction Contract Copyright 0 2007 rational Society of ftofmsionai Engineers for EJCIW. All rights resin a d. Page 27 or 62 I_ 6.09 Lavvs and Regulations A. Contractor shall give all notices required b and shall comply with all Laws and Regulations Y p Y l� applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws and 'Regulations, neither Owner nor Engineer shall be responsible for monitoring;Contractor's compliance with any Laws or Regulations. F B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers. architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. j However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are i iccordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's of :� +ns under Paragraph 3.03. C. Changes in Laws or Regulations not knowr :rr the time of opening of Bids (or, on the Effective f Date of the Agreement if there were no Bi an effect on the cost or time of performance f of the Work shall be the subject of an adir, Contract Price or Contract Times. If Owner and Cali:: r are unable to agree on em'!-!..inent to or on the amount or extent, if any, of any ssuch ad.i•- +it, a Claim may be made therefor as provided in Paragraph 10,05. 6.10 Taxes A. Contractor shall pay all sales. consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.l l Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: I. C )-il :onfine construction equipment. the storage of materials and equipment. and iii ,�pc:raliuns ut %. -rKers to the Site and other areas permitted by Laws and Regulations, and shall not iinreasor :.i ' encumber the Site and other areas with col: {lipment or other w... :-i it. -1 4:quipinent. Contractor shall assume full responslr• , svr Filly damage to any -,,1 nroa, or to the owner or occupant thereof, or of any adjacent land or areas resu li,,- :rom the 1',rformance of the Work. y. Should any claim be made by any such owner or occupant because of the pelforniance of the Work. Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permiti,- ; i,y Lavv� .in i ?ec:gulations. Contractor shall indemnify and hold harmless Owner and Engin _'. and ti. • ,ilcers, directors. members, partners, employees. agents, consultants and • . ..' of each and any of them from and against all claims, costs, losses, and dama�:: ::;' but not limited to all fees and tl:.a des of . ::tiineers, architects, attorneys, and other pr-l .- s•>nals and all court or arbitraii :r or oth,. r 1: pui- resolution costs) arising out of or relating to ;_m claim or action, legal ,_. �.-quitable. biou,,,il EICDC'C.70GStandard General C4,'. : . .. Construction Contract Copyright t 20Q7 National Society of Prone 1-1 r lJCDC. All rights reserved. 1'• by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Petfonriance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Clewiing: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specificatioi, Addenda, Change Orders, Work Ch-::. ,• Directives, Field Orders, and written interpreta ti(i;: :iJ clarification. H, '..,od order anal '-.;,iItoIated to show changes made during construcn- hese record documciit tozether with all approved Samples and a counterpart of all appr(l Shop Drawings will bc to Engineer for reference. Upon completion of the Work, these record documents, Samples. and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and su-, safety precautions and programs in connection with the Work. Stich rest, nibih.-r i.,k)i relieve Subcontractors of their responsibility for the safety of pers,-• t% intheperfornianceof their work. nor for compliance with applicable safety Law:, and Regulations. Contractor shall 0 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 cqUipment to be incorporated therein, whether in storage on or off the Site,and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons t►r property from damage, injury, or loss; and EJCDC C-700 Standard Gemril Conditions of the Consirtk-tion Contract Copyright t 2907 National Society of Professional Engineers for FJCDC. Ali rights reserved. Page 29 of 62 shall erect and maintain all n -.u-y safeguards for such safety and protection. Contractor shall hall- notify owners of adjacent p[,k,i and of Underground Facilities and other utility owners when prosecution of the Work may —!--i them, and shall cooperate with them in the protection, removal, relocation,and replacement of their property. C. Contractor shall con,.--.:. with the applicable requirements of Owner's safety pn),,. ms, if any. The Supplementar, k ;:1ditions identify any Owner's safety programs that are -able to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E, All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly,in whole or in part,by Contractor, any Subcontractor, Supplier,or any other individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or onl.' "'Ons of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any, -i. ;r may be liable, and not attributable, directly or indirectly, in whole or in part, to the faul: , r negligeii - - of Contractor or any Subcontractor, Supplier. or other individual or entity directly or indireefl. -inployed by any of them). F. Contract,-r's duties and responsibilities for Safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection %vith Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the Maintaining and supervising of safety precautions and programs. 6.15 Hazard Cons minication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Etnergencies A. [it eiiicrl-�;t -t :.... -ting the safety or protection of persons or the Work or I,:- :..i the Site or adjacent therci . Contractor is obligated to act to prevent threatened damag,. Hi-jury, or loss. Contractor shall give Engineer prompt written notice if Conti-actor believes th..: -:v. ,ignificant changes in the Work or variations from the Contract Documents have been cau • i iliereby or are required as a result thereof. If Engineer determines that a change in the Contr::-•: Doculnelits is EJCDC C-700 Standard General Condidow of the Comtruction Contract Copyright V 2007 National Society of Prof"sitmat Engineers for EYDC. All rights rescued. Page 30 of 62 I required because of the action taken by Contractor in response to such an emergenc=y, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples I A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each I. submittal will be identified as Engineer may require. 1. Shop Drawings: I a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop fie. .robs will be complete with respect to quantities, dimensions, specified perfor ,:.<i;,.-: and design criteria,materials,and similar data to show Engineer the services. materials, and equipment Contractor proposes to provide and to I enable Engineer to review the information for the limited purposes required by Paragraph 6.17.13. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. I B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior Engineer's review and approval of the pertinent I submittal will be at the sole expense and respou ".hility of Contractor. C. Submittal Procedures: I 1. Before submitting each Shop Drawing or Sample,Contractor shall haver a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents-, i b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, cataloc, numbers. and similar information with respect thereto: I c. determined and verified the suitability of all materials offered with respc•Ct t,' tit' indicated application. fabrication. shipping. handling, storage, assembly, and installatia'ii pertaining to the performance of the Work-, and l d. ci.•i_rnlineid and verified all information relative to Contractor's responsibilities for •hnigLle,,. sequences, and procedures of construction, and safety I I-ar_ ,alit,IiI - ;iii.l incident thereto. EJ+ ii 'a a .;..rd Cener ii[`.,,waittratt*or the Construction Contract Copyright C 11'01'Neal. ::.:1 ,r Pro ,,iorud Engineers for EJCDC. All rights reserved. - Page ll of b" I f 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. I With each submittal, Contractor shah give E. :. :: .; vrittell Heal cif any variations > that the Shop Drawing or Sample may c from the require-.,' -.11 the Contract Documents. This notice shrill be both a written communication from the Shop Drawings or Sample submittal-. and, in addition, by a specific notation made on each Shop !I Drawing or Sample submitted to Engineer for review and approval of each such variation. I D. Engineers Review: 1 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedid 4'Subn ' :acceptable to Engineer. Engineer's review and approval will be only to d;•' -•• if the is -.:, covered by the submittals will, after installation or incorporation in the `� )rk, c,)nform it, the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ?. Engineer's review and approval will not extend to means, methods, techniques, sequences,or procedures of construction (except where a particular means,method, technique, sequence,or procedure of construction is specifically and , .pressly called for by the Con!: !,,t Documents) or to safety precautions or programs incid:,:,: .;:,reto. The review and appr: - „f a separate item as such «ill not indicate approval of G, . ..cmbly in which the item func:i.'n,. 1 1 :.,'sneer's review and approval shall not relieve Contractor from responsibility for n from the requirements of the Contract Documents unless i ..tor has cc�:.[., : ith the rec-: ::,ants of Paragraph 6.17.0.3 and Engineer has given v of each such variati, :. ! _%-cific written notation thereof incorporated in or ace, :::• ::: . -',e. Shop Drawing car Engineer's review and approval shalt not relierc curets,tior from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resuhtni-,: :!Procedures: : .ill make c1 , :tions required ball return the required number rt�ti tz:i copies of S?:, Drawings and ss•s E,LiuilL�d, new Samples for review and . :oval. Contractor sh.:': direct specific ,,:: stuon in writing to revisions other than [lie c, j sections called for by I.n.,ineer on previou, ,tibmittals. 6.18 Continning flat A. Contractor )n flic W-1 ind adhere to the Progress Schedule durin- all disputes or disagreens ni, ;.iih k ;.,. . :'. shall be delayed or postponed pendin 4ution of any dispute, t#i;:ri1reer:t::: rinitted by Paragraph 15.01 ; rind Contractor may oth,!- i in LIC D C.7uu Stan&i of the Constructlatt Crna rttel Cap)right V 20417 National Soda,. 1'i �ineen ror F tCDC. All rights reserved. 6.19 Contractors General J Varraqy antl Gutiratilee A. Contractor warrant,, and guarantees to Owner that all Work will be in accordance with the Contract Document; and will not be defective. Engineer and its officers, directors, members, partners. empIq,,,--, ,I ill•. consultants, and subcontractors shall be entitled to rely on representation of-0 iniractor's warranty and guarantee. B. Contractor's warrani� and otiarantee hereunder excludes defects or darnage caused by: 1. abuse, modification, or improper maintern6n . ri,.iion by persons other than Contractor., Subcontractors. Suppliers, or any other in entity for whom Contractor is responsible,or 2. normal wear and tear under normal usage. C. Contraci,,i`� obligation to perform and complete the Work in accordance with the Contract Document : ;hall be absolute. None of the followinc,0 will constitute an acceptance of Work that is ni-z in accordance with the Contract Documents or a release of Contractor's obligation to perforrn the Work- in accordance with the Contract Documents: 1. observations by Engineer; I 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 pu'Vow,,ni. rA.,':d 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 Ribnlillal or the issuan,'L H- of acceptability by Engineer; 6. any inspection, test,or approval by others, or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulation,, Contractor shall indemnify. :.!.J h0A harmless Owner and Engineer, and the officers, director,.. members, partners, enlpi(,ivL,:* consultants and subcontractors of each and ..ny of them from and against all claiiu-', cc, I(I and damage, (including but not limited to all fees and charges of engineers. architv,--i .. and other profe,,sionals and all court or arbitration or other dispute cwt,.) ffil .ifill!out 01 or relating to the performance of the Work, provided that any such 'lairn, (',j,I, 1.1".', fir attributable to bodily injury, sickness, disease, or delath. or to injur% to or dc�irtwiLiI,,n asi _U property (other than the Work itself), including the la':. a,f ti,e re.,,niting therefrom but tin1% iti ih,• extent caused by any negligent act oi-omission of C- Subcontractor, any Supplier,of- any individual or entity directly or indirectly ir of them to perform any of the Work or anyone for whose acts'any of them may be liable FJCDC G700 Standard Genend Comfitimi of the Comtrutfi.,;r 4'.r,;!ract Copyright e'?0(• National society of ProfeWonal Fngim-rs for FJ( 1."'. '.11 1 igb%reserved, Paw 33 or 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, - partners, employees, agents, consultant t subcontractors by any employee (or the survivor or personal representative of such emplo 4 Contractor, any Subcontr;rotor, any Supplier. or any individual or entity directly or indireetl� �inployed by any of them Ill grin any of the Work,or anyone for whose acts any of them may be liable, the indemnificati , t:ion under Paragraph _ 6.20.A shall not be limited in any way by any limitation on the art: 'tsnt or type of damages. compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under worker,,' -ompensation acts, disability benefit acts, or other 4 employee benefit acts. I C. The indemnification obligations of Ckhh .. •c tr under Paragraph 6.20.A shall n(�t to the liahiNi:• of Engineer and Engineer', offic : -. directors. members, partners, er.; ,i . agents, and subcontractors arisir:,- , :r I f. the preparation or approval of, or the failure to prepare;or approve maps. Drawing,. .,inions, reports,surveys.Change Orders, designs. or Speciti� r 2. giving directions or instructions, or failing to give there, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Set-vices r i A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contr.-. -z responsibiliti for construction means, methods.. techniques, sequences and prop•:• '.,.'.• :,actor shall required to provide professional services in violation of applicable ki% i B. 1f professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract T)�,,%irnents,Owner and Engineer will specify all performance and design criteria that such 5<r, tnust satisfy. Contractor shall cause such services or ations to be provided by a I'. •perly licensed professional, whose signature and seal shall gar on all drawings, calculation . pecifications, certifications. Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if l prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitl•. ' 1,1 ro is upon the adequ,,ic . aL'Oir;!r\ and completenew-, oi' the services, certifications or app-..- .J r ;,%, such ,i_ i:.r: i r ,rtals, provided 0", tt.•r t and Engineer have specified to Contractor :I? rformance and dt. :.:n criteria that -1r "i r must satisfy. D. Pursuant to this Paragraph 6.21. Engineer's n:vieav and ippro .:1 l design eal%Aationi aild design drawings will be only for the limited purpose of chi : irr._ f-•r• conformance % ith performance and design criteria _,,Iven and the design coned,! i,:� i in the Contnci DoCUrnents. Engineer"s revies% i >pros al (if' Shop YDrawings and other .ubmittals (except design calculations and design dr..- w- ill be only for the purpose t.tted in Paragraph 6.17.D.1. FJCD C-TtX)Standard Gtrwi..l: •:::m:• t: ,-zistriwtionContract T "� iCopvrittht'0 2007 National& iety of Pr. ;. . .. .. :,r I-JCDC. All rights reserved. I E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work, related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners, If such other work is not noted in the Contract Documents,then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any. of any adjustment in the Contract Price or Contract Times that should be allowed as a i-(- uit of such other work, as Claim may be made therefor as provided in Paragraph 10.05- B. Cornrac:- ,hall afford each other contractor who is a party to such a direct contract, each utility owncr. Owner. if Owner is performing other work «ith Owner's employees, proper and safe ao-11- r the Site, provide a reasonable opportunity for the introcluction and storatle of materials ank pment and the execution of such .1ther work, and properly coordinate the Work with theirs. Contractor shall do all cutting, finiri ,- and patching of the Work that may be required to properly connect or otherwise make its se, ;:i iiarls collie together and properly integrate with such other work. Contractor shall not endarl,� r any work of others by CUttim. -.tvatimj. or otherwise altering such work: provided, that Contractor may cut or with the wdiT -ri consent of Engineer and the others whose work will be affected. T;1 - ;i!il - and responsibiliti.- of Contractor under this Paragraph are for the benefit of such utility 0 :1'-T .;!!I , other contra-.- srs to the extent that there are comparable provisions for the benefit of 11' in said direct ,ontracts between Owner and such utility owner-, and other contractors. C. If the proper execution or results td'any part of Contractor's Work depends upon work perfornied by others under this Article 7. Gtiaractor shall inspect such other work and promptly report to Engineer in writing any delay,. defects. or deficiencies in such other work that render it unavailable or unsuitahle for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute all acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordinadon A. If Owner intend- io contract with others for the performance of other work on the Project at the Site, the following will be :.,!t forth in Supplementary Conditions: 1. the individw-d or who will have authority and responsibility for coordination of the activities --trillu- contractors will be identified, 2, the specific matter, t,) be covered by such authority and responsibility will be iternized, and 3. the extent of such authority and responsibilities will be provided. FJCDC C-700 Standard General CDnditii"of the Construction Contract Copyright,P-'20IY7 National Sotloy or Professional Engineers for F-1CDC. All rights rrservvA. Page 35 of 62 i B. Unless otherwise provided in the Supplementary Conditions. Owner shall have sole authl y art responsibility for such coordination. 7.03 f.egal Relationships A. Paragraphs 7.0I.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph TOl.A shall provide that the other - contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Ov,i. �r and any other contractor under direct contract to Owner for the reasonable direct delay and : ,ruption costs incurred by such other contractor as a result of Contractor's wrongful action or ; ,ctions. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions. Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer. Owner shall appoint an engineer to whore Contractor (rakes no reasonable objection, whose status under the Contract Documents shall be that of the fanner Engineer. E 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. r 8.04 PaY When Due A. Owner shall make payments to Contractor when they are due as provided. in Paragraphs 14.02.0 and 14.07.0. 4.0i L,artlls and F_asewt,n!t Reports and Tests A. Owner's duties ith respect to providing lands and easements and providing engineering surveys to establish i. ;•-:-.•nee points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's and leaking available to Contractor copies of reports of explorations and tests of subsul trice conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities. ifany. %%itlt r :r,-hasing and maintaining hahilit} and property insurance are set firth in Article 5. t?JCtx'('?DO Standard(kneral C. :. .. .. Cormructlon Contract CaP)reght�O 2(W Nathinal Swirly of Pr,r% ,? 1— F:JC'IW. All HUM-;rewn t-1. - II 1., i� I I 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections. Tests. and Approval s A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on (Avner's Resjx)nsibililies 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 or construction, or the safiety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor. Owner shall furnish Contractor reasonable evidence that financLil arrangements have been made to satisfy Owners obligations tinder the Contract Document-.,. 8.12 Compliance withSafery Progr►in A. While at the Site. Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safeO, programs of which Owner has been infortned pursuant to Paragraph 6.13.13. ARTICLE y— ENGINEER'S STATUS DURING CONSI'RUC'IrION 9.01 Dinner's Relwesentwive A. Engineer will be Owner's representative during the construction period. The duties and 11.7 responsibilities and the limitations of authority of F:ngineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visit, -i.) the Site at intervals appropriate to the various stages of construction V a as Engineer deenlS in order to observe as an experienced and qUalified design profc,,h.inal the progress th.a has been made and the quality of th-- aspects of ! such ,i,i!, -,wd A)serval ions, C,,n1r.ik:t%)r's executed Work. Based on information obtained durimel Eligincer, for the benefit of 0%, n r. will deterniine, in gener.:!, if the %ht):k is proceeding in accordance with the Contract Engineer will ri,lt tic r-,:,juired to make exhaustive or F.ICDC C-700 Standard General Conditions of the Construction Contrad Copyright T"2007 National Societv of Proft-Wonal Engineers roe EJ CDC. Ali rights reserved. Page.17 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visii :end observations are sui all the limitations oil ingineer's authority and responsibility - t11 iii Paragraph 9.09. 1 :,;i4ularly, but without limitation,during or as a result of Engineer's 4 t?ii observations of(' •.:,-ior's Work, Engineer will not supervise, direct, control, or have authorit,, over or be resl? - ,;i lc for Contractor's means, meth; t:. i:•.•hniques. sequences. or procedure, -onstruction,or the safety precautions and programs thereto. or for any failure of t'• . :tor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 ,Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident I'n`ject Representative to assist Engineer in providing more extensive observation of the N . ;uthority and responsibilities of any such Resident Project Representative and assistai - d] be as provided in the ISupplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner d, 1 another representative or agent to represent Owner at the Site who is not Engineer' , .:. --: ..int, agent or emplo)ee, the responsibilities and authority and limitations thereon of such oth r Individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in LVork f ! A. Engineer may authorize rninor variations in the Work from the requirements of the Contract I Dm- untents which do not involve an adjustment in the Contract Price or the Contract Times and i are compatible with the design concept of the completed Pr;;iect as a functioning whole as indt� . :. 1 by the Contract Do, ttntents. These may be accomi�} ,A by a Field Order and will be binel:,. —n Owner and ;J , : :i Contractor, who shall pert". :iic Work involved promptly. If ! Own,.. or Contractor belieti�• iliac a Field Order justifies <t,; ,-.djustment in the Contract Price or Contract Times. or both, and tIi,• partic :.,e unable to agree on entitlement to or on the amount or i extent. if any, of any such adJu a Claim may be inade therefor as provided in I Paragraph 10.05. i 9.05 Rejecting Defective Work I A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that confor'ins to the Contract Documents or that 'H •5r_•judice the integrity of the design concept of the completed Project as a functioning whoL, ::,'.E.,ated by the Contract Documents. Engineer will also have authority to require: speci.il in--, , lion or testing of the Work as provided in Paragraph 13.014, whether or not the ! Work is fabricated, installed,or completed. EJCDC C-704 Standard General Conditions ref the Construction Contract C'oppripht+ 2007 National 5ocicty of Professionai Engineers for F:rOW. All rights rm-rwd. Page-% of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof as to Shop Drawings and Samples,see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any. see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work perfbrr,...-J by Contractor. Engineer will review with Contractor the Engineer's preliminary determination,; on such firlatter,: !-A'. t-- n-ndering a written decision thereon (by recommendation of an Appli-ation for Payment or o-lit i%ise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters betweell Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of tile Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness. render a written decision on the issue referred. If Owner or Contractor believes that any such decision entities them to an adjustment in the Contract Price or Contract Times or both, a Chtim may be made under Paragraph 10.05. The date of Engineer's decision shall be lite date ol'the event giving rise to the issues referenced I-or the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue rellerred will be final and binding on Owner and Contractor. subject to the provisions of Paragraph 10.05. D. When functioning gEngineer will not show as interpreter and judge under this Paragraph 9.08, Eng C� C partiality to Owner or Contractor and %vill not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Dnqineers.4 whoritv and ResINnisibililies A. Neither Engineer's authority or resix)nsibility Linder this Article 9 or under any other provision 4 the Contract Documents nor any decision made by Engineer in good faith either t4 i exercise or not F-JCDC C-7M Standard Gmeral Conditions or the Construction Contract Copyright t 2047 National Sodety of ProtessioaW Engineers for FJCDC. All rights reserved. Page 39 of 62 7W exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, , tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity.or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier,or of any other individual or, ._:i performing any of the Work. D. Engineer's review of the final Application for Payment and accol=v,.snying documentation and all mainten-ance and operating instrui schedirles, guarantees certificates of inspeetion, tests ank: ..; ; ; . it.. . . 'r (1- :iEl}rl , wired to be deli, -.e Paragraph 14.07.A will only be to determine ; , '!.a their cony -;�t complies witilr requirements of. and in the case of certificates of inspections, tests, ;.:! approvals that the results certified indicate compliance with,the Contract Documents. I E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants,if any, C'ompliarEC e with Safery Program i+ A. While at the Site, Engineer's employees and representatives shall comply with the specific I applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10—CHANGES IN THE WORD; CLAIMS 10.01 Uthorized Changes in the Work A. Without invalidating the Contract and without notice to any surety. Owner may, at any time or from time to time.. order additions. deletions. or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly prcx-eed with the Work involved which will be performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). B. if Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. EJCtx'C-700 Standard General Conditions of the Constructim CoMrad —� Copyright V 2007~rational Sociely of t'roressinnai Fagineers for EJCDC- AU rights reserved. Page 40 or 62 10.02 Unauthori<ed Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. f 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Fngineer covering: I. changes in the 'Work which are. (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work tender Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09,or(iii) agreed to by the parties; I. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sutra or amount of time for Work actually performed in accordance with a Work Change Directive;and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be takers from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal.Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.I8.A. 10.04 Notification to Surety ' A. if the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including. but not f limited to. Contract Price or Contract Times), the gic ink of any such notice will be Contractor's responsibility. `rhe amount of each applicable bond will he adjusted to reflect the effect of any such change. f 10.05 Claims A. Engineers Decision Required: All Claims, except those waived 1jui.`uant to Paragraph 14.09. shall be referred to the Engineer for decision. A decision b-y E-:iaginctr shall be required as a condition precedent to any exercise by Owner or Contractor of any right or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims, ' B. Notice: Written notice stating the general nature of each Claire shall be delivered by the claimant to Engineer and the other party to the C.'(,ntract promptly i huT in no event later than 30 days) after the start of the event ,6%ing rise theretts. •l lie responsihilit. t,= _uh.tarttiate a ClaitYa shall rest with the party making the Claim. Notice of the arnount ter e%tent of the Claim. with supporting data HJCDC C-700 Staandard Central Conditiotts of the Construction Contrast Copyright C 200'7'National Soviet)or Professional Engineers for FJCDC. An rights reserved. ---- - — Page 41 or 62 – - shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. engineer's Action: Engineer will review each Claim :iii ,. - ::)in 30 days after receipt of the last submittal of the claimant or the last submittal of the opi "ing party, if any, take one of the following actions in writing: 1. deny the Claire in whole or in part; 2. approve the Claim,or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion. it would be inappropr.:-1 ' the Engineer to do so. For purposes of further resolution of the Claim, such notice :iali be deemed a denial. D. In the c :i: that Engineer does not take action on a Claim within said 30 days. the Claim shall be deemed ,'. E. Engineer's written action tinder Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor. unless Owner or Contractor invoke the dispute re—lution procedure set forth in Article 16 within 30 days of such action or denial.. F. No Claim for an adjil -:.v :': in Contract Price or Contract Times will be valid if not submitted in accordance with this 1'. ....:.lih 10.05. ARTICLE I I —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 1 1.01 Cast of the Work A. Costs Included: The terns Cost of the Work means the sums of all coati, except th,+ t- .-,:tided in Paragraph 1 1.01.13, necessarily incurred and paid by Contractor in the proper pertunri.;:••: ,y!'the Work. When the value of any Work covered by a Change Order or when a Claiirr for an adjustment in Contract Price is dett`rinined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be 4,,,I thirst additional or incremental costs required because of the change in the Work or becau ._ rlrc suing rise to the Claim. Except as otherwise may be agreed to in writing by Owner, u- i ;,:;II be in amounts no higher than these prevailing in the locality of the Project. shall not include any of the costs itenii7ed in Paragraph 11.01.8, and shall include only the following itenis: EICU[ C.7(N)Standard C t.-neral Conditions of the Construction Contract --- ——- —-- Copyright C 2007 National Sewiety of Proft-M nal Fuginecrs for KICDC. All rights rtxrvcd. Page 42 of 62 l i I. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions. unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work. outside of regular working hours, on Saturday, Sunday,or legal holidays, shall be inclu,i. the ;above to the extent authorized by { Owner. 2. Cost of all materials and equipment furnished and incorpt,:... d in the Work, including costs of transportation and storage thereof, and Suppliers' fie] : .ices required in connection therewith. All cash discounts shall accrue to Contractor uni, Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to O%vner. All trade discounts,rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner. and Contractor shall make provisions so that they may be obtained. 3. Payments made by Conir: • `:)contractors for Work performed by Subcontractors. If required by Owner. Contr.acnor .laaii _ :: competitive bids from subcontractors acceptable 4 to Owner and Contractor and shat! deli .,ut:h bids to Owner, who will then determine, with f the advice of Fn-isicen %vhich bids, if zu,•,. will be acceptable. if any subcontract provides that the Subcontra,•a• be paid on the basis of Cost of the Work plus a fee. the Subcontractor's Cost of the Work and fee shall be determined in the saute manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing, laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 4 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. t' .>•i, including transportation and maintenance, of all materiels. supplies. equipment, appliances, office, and temporary facilities at the Site, and hand tools not c� lv-"! by the workers, which are consumed in the performance of the Work, and cast, lass market value, of such items used but not consumed which remain the property of i Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in ,accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of Iran,,I :ration, loading, unloading. assembly, dismantlin,g. and removal thereof. All such c, i . •iiall be in accordance with the terms of -^--- F-lCnC C-700 Slandard General Conditions of the Construction contract -----�- Copyrighl? 200'National Society of Professional Engineers for FJCUC. All rights reserved. Page 43 of 62 i I said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits other than negligence of Contractor, any Subcontractor, or anyone din: ti. - : .•rlY c° iployed by any of them (,r for whose acts any of them may be liable.and roti :I. d fees for permits :,,Cs. f. Losses and dal; :- 1 r�__ d expenses) caused by damage to the Work, not compensated by IEt.1::..::cs or otherwise, sustained by Contractor in cor:. `-n with Cl._ performance of the Work (except losses and damages within the dedu, °' : amount, property insurance established ',n accordance with Paragraph S.Ofi.[) rovided s� _ losses and damaL?L•` have result from causes other than the negligee of Contract+ . any Subcontractts+.', r anyone di,, or indirectly employed by any of them or for whose acts any of then: ::,.ry be liable. Such losses shall include settlenr_::: i.z_:e with the written consent :u- :>ruval of Owner. No such losses, damages, and expenses shall be included in the C,, it'the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel,and sanitary facilities at the Site. h. Minor expenses such as teleR grams, loc.... .. ..:.;: G telephono cllw. telephone service at the Site. express and courier services, and :.':.,filar petty in connection with the Work. i. The costs of premiums for all said insurance Con1:-..._•Loi is r .l;tired by the Contract Documents to purchase and maintain. B. Casts ,l'veluded:The term Cost of the Work shall not include any of the following items: I. Pagroli :'.:I other compensation of Contractor's officers, executives, principals (of i partnei,,hi :tnd sole proprietorships), general r:.inagers, safety managers. engineers, archltect: . cstimators, attorneys, auditors, account.:. .. nurcha~sing and contracting agents. c\pedi=. r , timekeepers, clerks, and othci- per,onn,'' ;%ed by Contractor, whether at the 1:1 c'ontractor's principal or br: ,:.'> .:i T _ ,.:I::ini:... ?ion of the Work and •i -iiieally included in the agreed upoil ,.hedulk, ! job cl . iications referred to in Paragraph 11.0 LA.I or specifically covered 0L Para€r. 11. AA all of which are to be considered administrative costs covered by the Contract,• '} fee. I Expenses of Contractor's principal and branch offices other than Contractor"s office at the Site. j3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. -t. 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 I F.JCnC C-700 Standard General Conditions of the Constnwtlott Contract I Copyright 0 2007 National tiociely of Profmional Engineers For EJCDC. All rights mmerved. Page 44 of 62 I R i | | limited to, �e correction of defective l�mck cbxcm�u o[ nmw��o]s or n� | ` ^*°°" °y"yp^^° =^~"e�y | supplied,and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically | / and expressly included in Paragraphs IljU1'A. C. Contractor's Fee/ When all the Work iapcdfooncdon the basis mfomat'plus, Contractor's fee � / shall be determined as ms forth in the Agreement. When the value of any Work covered by a Change Order or when o C|oirn Koran adjustment in Conti-act Pc|uc 10 determined on the basis of Cost aythe Work,Contractor's fee shall be determined as set forth in Paragraph 12.01.C. | D. Documentation: Whenever the Cost nf the Work for any purpose istnbe determined pursuant &n Paragraphs l \.OLA and 111}1.13, Coo/'::'')`r will establish and maintain records thereof in | accordance with generally accepted u��^`'omiog practices and submit in a form acceptable to Engineer an itemized cost breakdown l"��:iher with supporting data. | 1 )/}2 A/k/wmwc*s 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 yo covered tohc perfornied for such sums and by / | such persons nr entities ms may bc acceptable tn Owner and Engineer- B. CashA8mwciurea' l. Contractor agrees that: | u the cash allowances include the cost to Contractor(less any applicable trade discounts) of rnutcdm|u and equipment required by the u1|ov/oocex to he delivered o( tbe Site, and all applicable tuxeo� and / ' h. Contractor's costs for unloading and handling on the Sire, labor, installation. overhead, profit,and other expenses contemplated for the cash allowances have been included in the | Contract Price and not in the o/lov*onccm, and no demand for additional payment no account of any of the foregoing Yvi|| be. vnUd. | C. Contingency Allowance: l. Contractor u�rceothat accwdngcucy allowance, if any, in for the sole use ufK�wncr0mcover | unanticipated costs. / Q. Prior to Dnx\ payment. an appropriate Change Order will be issued as recommended by En�iuce r | to reflect uu\uw\ onnoon& due Contractor oil account of Work mnvcccd by a\\o*/unoex, and the , Contract yhc*mhu|| be correspondingly adjusted. 11.03 Unit Nice 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 10 include for all Unit Price Work on ononun1e4ua\ to eJcoW C-7700 Standard 4;e"nnConmxmmswou«x^wnuflo"Com,act Coprnigxt cOzmn National-Swie»^f*"u-Mo"acfti°*n for EJcmc. All rights n**md. | '-------------------'�����-yr 62--- ------------ __- the sum of the unit price for each separately identified item of Unit Price Work tithes the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9,07. C. Each unit price will be deemed to include an amount C �)y, Contractor to be adequate to cover Contractor's overhead and profit for each separ..: _,i :d item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work;and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12-CHANGE OF CONTRACT PRICE:; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be :... : -�d by a Change Order. Any Claim for an adjustment in the ( I Price shall be based o ritten notice submitted by the party making the Claim i. .:I Engi:• .�r and the other party to the Contract in accordance with the provisions of Par:. :.: 10.05. B. The value of any Work covered by a Chinge Order or of any Claim for an adjustment in Contract Price will be determined as follow 1. where the Work involved is coy -init prices contained in the t' ,-t Documents, by application of such unit prig• I- :i:. cluannties of the items in' , :teal :.ubject to the provisions of Paragraph 11.03)-, tar 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0I.C.2): or 3, tt here the Work involved is not covered by unit prices contained In the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the c ��i of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for ()1•1::ih.,A1 and profit(determined as provided in Paragraph 12.0l.C). - - EJCD('C-700 Standarci C:eneral Condition%of the Constructlon Contract _-- C•opy-right n 2007 Nallonal Society of Professional E`:nginrers for€JCDC. All rights reserved. - - - Page 46 of 62 - --------_ ��_ I I C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows. 1. a mutually acceptable fixed fee,oi- 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 I 1.0l.A.1 and I 1.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3.the Contractor's fee shall be five percent, c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 1 1.0I.A.I and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.4, I 1-0 I.A.5, and 11.0 LB; e. the arnount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0i.C.2.a through 12.01.C.2.e. inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for all adjustment in the Contract. Times shall be based on written miii..,c submitted by the party making the Claim to the Engineer and the other party to the Contract in accordarive with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with thevprovisions of this Article 12. 12.03 Dela.vs A. Where Contractor is prey need from completing any part of the Work within the Contract Times due to delay beyond the c-ininl, of Contractor, the Contract Tinges will be extended in an amount equal to the tijl)C 100 (111V 11, such delay if a CIIiiiii is made therefor as provided in Paragraph 12.02.A. l3elays beyond the control of Contractor shall include, but not be limited to, acts or FJCDC C-700 Standard General Conditiorm of the Corisiruction Contract Cop)Tlght C 2007 National Society of Prorevilonal Engineers for F_JCTW. All rights rewr,,d. ---Page 47 of 62 l I neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7,tires. floods,epidemics,abnormal weather conditions,or acts of God. B. if Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Coy . . : imes, or both. Contractor's entitlement to an adjustment of the Contract Times is conci •i - 1 on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.0. D. Owner, Engineer, and their officers,directors, members, partners,employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and al court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract 'limes for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and itnel of Owner. independent laboratories, and governmental agencies with juri nal interests will have access to 0., -'iie and the Work at reasonable times for their obserl-aiiota. inspection, and testing. Contractoi- ::.tll provide them proper and safe conditions for such access and advise them of Contractor's sate:-, procedures and prograln,� zo 1h;at may comply therewith as applicable. _�--- —-- EJCDC C•700 Standard C,cner ; Cort+tror :' C;Merr --- Copyright+,!12M7:National Soclety or Pr „„-c for EtCIJ". All right.reserved. 13.03 Tests and hispections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests,or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests,or approvals required by the Contract Documents except: I. for inspections, tests,or approvals covered by Paragraphs 13_03.0 and 13.03.13 below: that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.0; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to he inspected, tested. or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or accept,o! -,- of materials, mix designs, or equipment submitted for aiprw.M prior to Contractor's plii thereof for incorporation in the Work. Such inspections. i, -,r approvals shall be perforin.-%'L organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Conti-actor shall, if requested by Engineer, Uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.01E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to Stich notice. 13.0 • Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable th:it covered Work be observed by Engineer or inspected or tested by others, Contractor, at IAii.iiiwer I s rerqLICSt, shall uncover, expose. or otherwise make available for observation, inspection, or tw iin Flilgineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. FJCDC C-700 standard General Conditions of the Construction Contract Copyright P 2007 N'stionsi society or Professional Enginem for ENDC. M1 rights reserved. Page 49 of 62 C. If it is found that the uncovered 'Work is defective. Contractor shall pay all claims, costs. losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to a!' tits of repair or replacement of work of others); and Owner shall be entitled to an appropi: : :. crease in the Contract Price. If the parties are unable to agree as to the amount thereof, t pier may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Wort: is not found to be defective,Contractor shall be allowed an increase in the Contract Price or all extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.45. 13.45 Owner Miry•Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work. or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity. or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Pror.... 1y after receipt of written notice. Contractor shall defective Work, whether or not -: -%tcd, installed, or completed, or, if the Work ha, i :led by Engineer, remove it from iii,: i'roject and replace it with Work th-r, is wli defA:L:w t. 6)ntractor shall pay all claims, costs, losses, and damages (includinf, but lir:: :.A to all fees and charges of engineers, architects, attorneys, and other prol'�: ,:...:' . i court or arbitration or other dispute resolution costs) arising out of or relating to such cor. -tion or removal (.including but not limited to all costs of repair or replacement of work of ethers). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any,on said Work. 13.07 Correction Period A. If withi; :. :titer the date of Substantial Completion (or such longer period of time as may be pr. rite terms of any applicable special guarantee required by the Contract ;;rny specific provision of the Contract Documents, any Work is found to be Or it t:: repair of any damages to the I .:.J or areas made available for Contractor's use by Owner or permitted by Laws and Regulatii <: :: -nwmplated in Paragraph 6.1 I.A is found to l:. .'_etive, Contractor shall promptly. tt,it;. cost to Owner and in accordance with Owner's n:len instructions: EJCDC C•700 Standard General Conditions or the Consttvetion Contract Copyright t 2007 National society of Prottssionat Engineers for EJCDC. All rights reserved. Page 50 or 62 I- repair such defective land or areas,or 1 correct such defective Work;or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, arid 4. satisfactorily correct or repair or remove and replace any damage to other Work. to the work- of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms or Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work con-ected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, L architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to Such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any --,,her obligation or warr-anty. The provi 1, .1, of this Paragraph 13.07 shall not be construed as".-- -uh:i.itnte for, or a Z. - waiver of,the prov:!. ions of any applicable statute of limitation or repose. 13.08 Accep)lanee of Dtfeclive Work A. If, instead or requiring correction or removal and replacement of defective Work, Owner prior to Engineer's recommendation of final pa,inent, Engineer) prerers to accept it. Owner wa4 do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and deterniination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Fnginet:r'� recommendation of final payment, a Change Order will be issued incorporating_g the revisions in the Contract Documents with respect to the Work, and Owner shall be entitle t- :It appropriate decrease in the Contract Price. reflecting the diminished value of Work *;kl acc,.*pzk.7d. If the parties are unable to aLrree as to the arnount thereof. Owner may make a Claim thcivfora, provided in Paragraph 10.05. If the acceptance occurs after such recoInniendation, ain appropriate amount will be paid by Contractor to Owner. FJCfW C-700 Standard Ckneral Conditions of the Construction Contract Copyright.0 2007 National Sot*ty of Profe. lonal Engineer-s ror FJ CDC. Page 51 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective. Work, or to remove and replace rejected Wort: as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,or if Contractor fails to comply with any other provision of the Contract Documents, Owner may,after seven days written notice to Contractor,correct,or remedy any such deficiency. I B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, E construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contr w%ir shall +flow Owner, Owners representatives, agents and employees, Owner's other c t:: ctor,. l:ngineer and Engineer's consultants access to the Site to enable Owner to exerL =c rig.1�:. ;;:id remedies under this Paragraph. C. All claims, costs, losses, and .:.::. :. cs (including bill not limited to all fees and charges of engineers, architects, attorney,,. : .td other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner :- ,_•xercising the rights and remedies under tht Paragraph 13.09 wilt be d against Contrac: .-. .:nd a Change Order will be issued incorpoi- . !ng the necessary revisioiI he Contract Docr.rl!i�-Hi,, 'Vi11' -,rVct to the Wor! : :1rt! Owner ' ::1111 ho cnri0cd to an apprul i:t;, decrease in the Contract "W . :'. parties are 111 1 1c to agree : ulunt of the adwgrvcnt. Owner may make a Claim ,;:t:..1'«r as pro%i '. •;.1 in Paragraph 10.05. Such claims, coy . : ,., , es will include but not be lintitc,; all costs of- .i:-. or replacement of%t, :: ..; oth c: destroyed or damaged by correction. removal,or replaceinen, • Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICIC E 14 r_ PAYMENTS`1'O CONTRACTOR AND COMPLETION 14.01 Schedule of Vahies A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for pro«: - s payments and will be incorporated into a form of Application for Payment acceptable to Fo: :r. Progress payments on account of Unit Price Work will be based on the number of units C •..Ipleted. 14.02 Progress Payments A. Applicationsfor Payments: 1. At least 20 days before the+!. t, tabl :;,-d in the Agreement for each progress payment (but not more often than once a 1:,-ifll). ( 'ontr:actor tall submit to Engineer for review an EJCDC C•7W Standard C;en,+..:• t .. '::4tron Contract Copgriaht r 21N.17 National Society or Pro!,•.,-o E.: '[W. All rights reserved. Page 52 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract lXwuments. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also he accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other to protect Owner's interest therein,all of which must be satisfactory to Ov%ncr. Beginning with the second Application for Payment, each Application shall include an L affidavit of Conti a, :• : ialing that all previous progress payments received on account of the Work have been on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. Enginr -7-'-- recommendation of any payment requested in an Application for Payment will constia..: -. representation by Engineer to Owner. based on Engineer's observations of the executed '�Vk,rk 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 f.kr 1 'nil Price Work under Paragraph 9.07.and any other qualifications stated in the arld c. the conditions precedent to Contractor's being vntiflt:,i to such payment appear to havc been fitiffilled in so far as it is Engineer's responsilli I n:, to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to hate represented that: a. inspections made to check the quality or the quantity of the Work as it has Well performed have been exhaustive,. extended to every aspect of the Work in progress, or KJCDC 47-791)Standard Gerwral Conditions of the Con-Aruclion Contract Copyright cO 2007 Niadonal so&lety or Professional Engineers for EJCDC. All riots rewrved. Palle 43 of 62 involved detat;` ? ,i -c,:tion:, a- the Work beyond the responsibilities specifically assigned to in the Contract Documents:or b. there may not he other matters or issues 'between the parties that Wright entitle Contractor � to be paid i:: :tally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's i, i , , t'Contractor's Work for the purposes of recommending payments nor Engineer's recd-:.a..,:ndation of any payment, including final payment. will impose responsibility on Engia,scr: a. to supervise,direct,or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work,or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price,or e. to deter: title to any of the Work. materials, or equipment has passed to Owner free and cis. ..-of Liens. 5. Engineer ma, r. :itse i recommend the whole or any part of any payment if, in Engineer's opinion, it u,pilld Cc incorrect to make the representations to Owner stated in Paragraph 14:02.8.2. Engineer may also refuse to recommend any such payment or, because of subsequently 0i .,ivered evidence or the results of subsequent inspections or tests, revise or revoke any i : : payment recommendation previously made, to such extent as may be necessary in f i,, . pinion to protect Owner from loss because: a. the Work is detective, or completed Work has been damaged, requiring correction or replacement: b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph I5.02.A. C. Payment Becomes Dare: 1. e'en days after presentation of the Application for Payment it, Ov :,.: with Engineer's 9 recommendation, the amount recommended will (sub:tct to tlr. f �� i ions of Paragraph i 14.02.D) become due. and when due will be paid by Owner to Contractor. !IIi FJCDC C 7rN1 Standard Getteral Conditions of the Conshwtion Contract III Copyright�"2007 National S4wiet.v of Profmional Engineers fig EJCDC. All tights mer+ved. Paget of 62 I I D. Reduction in Payment: 1. Owner may refuse to make payment of the fu I I amount recomine tided by Engineer because: a. claims have been made against Owner oil account of Contractor's performance or furnishing of the Work. b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended;or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer,Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withlicid. Owner shall promptly pay Contractor the amount so withheld, or any adjustment t ...i %,,jeed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractors ff"arramY oj'Title A. Contractor warrants and guarantees that title to all Work-, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially COITIPICtC (except for items specifically listed by Contractor as incomplete) and request that Engineer iSSLle a certificate of Substantial Completion. B. Promptly after Contractor's notification. Owner. Contractor, anti Higincer sh.,11 make an inspection of the Work to determine the status of completion. If Engineer does nt,t coi).Rler the Work substantially complete, Engineer will notify Contractor in writing Yi iii.: ih - reasons therefor. C. If Engineer considers the Work ,uh,;tantially complete. Engineer will deliver to Owner a tentative certificate of Substantial Conil k-li-ii which shall fix the date of Substantial Completion. There shall be attached to the certificat. 1: IL'litative li�i 4f1, items to be completed or corrected hefore EKI)CC-70O.Standard Gtnrr.5l,. Construction Contract CopyrW%t�2007 National Sociciy of h -zuil Fiigim i-f-,r FJCDC. All rights reserved. 62 final payment. Owner shall have seven days after receipt of the tentative certificate Liu; . --hich to make written objection to Engineer as to any provisions of the certificate or attach, `. ii,t. If. after considering such objections, Engineer concludes that the Work is not suh�-Lantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in v riting. stating the reasons therefor. If after consideration of Owner's objections, Engineer considers the Work substantially compl,-: -. Engineer will, within said 14 days, execute and deliver to Owner and Contractor a do'ti. 'five certificate of Substantial Completion i:h a revised tentative list of items to be comp- •d or corrected) reflecting such changes fr, :.: the tentative certificate as Engineer believes jn. .:tied after consideration of any objections ft-,mm Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety. and protection of the Work, maintenance, h utilities, its : '�°, and warranties and guarantees. Unless Owner and Contractor agree ::crwise in A so inform Engineer in writing prior to Engineer's issuing the definitive c .:ificate of 5u•t, ` Completion. Engineer's aforesaid recommendation will be binding on ON%Ittr and Contractki, .,:;'si1 final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of :substantial Completion subject to allowing Contractor reasonable access to remove : . ray and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work. Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Co -.sct Documents, or which Owner,. Engineer, and Contractor agree constitutes a separately fan:,': : rg and usable pals of the Work that can be used by Owner for its intended purpose without silonificant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: l I. Owner at any time may request Contractor in writing to pen-nit Owner ; l,se or oc+cup such part of the Work which Owner believes to be ready for its intended '.i .- and subst.tt:: ::ll complete. If and when Contractor agrees that such part of the Work is su' -antially comp!, :. Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A thn i,., i a for that part of the Work. �- Contractor at any time i?!'.' notify Owner and t n—ineer in thing that Contractor c,,n�,iders :MN .-:•h part of the Wt-r`. . . lv for is ir: '., . .. .,c :i � : t..:itiatly complvit, . : 1%%luest ;O issue acertilT,:.: i mntial (', ,a: ,i nrth::: part of the Work. 3. Within a reasonable tune after either such request, Owner. Contractor, and Engineer make in inspection of that part of the Work to determine its status of completion. if does not consider that part of the Work to be substantially complete.. !Engineer will it, .. Owner and Contractor in writing giving the reasons therefor. If Engineer considers that i ._:t of the Work to be substantially complete, the provisions of Paragraph 14.04 will aprl% i:h i respect to certification of Substantial C. of that part of the Work and the i );� - re s nsibilit in rest thereof any': ::. !i: ::t�_r. � - I;tCr)C('-7lrta Standard(:tneral(':: ,. :':r Cons11't�tr�m Coutr-.n t V.pyragau.�:007 Nuttonat Sudety of r'rafmi.,. '. ,. . :,for F is-r1t`. :W rights reserved. T I 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection { A. Upon written ii,=lice from Contractor that the entire Work- or an agreed portion thereof is complete. will promptly snake a final inspection with Owner and Contractor and will I notify in writing of all particulars in which this inspection reveals that the Work is ill, ::.:. I_te or defective. Contnv ? :r �,h;ill immediately hike such measures as are necessary to comhl- such Work or remedy { 14.07 Final Payment A. Application far Payrrrent: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections { identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record I documents (as provided in Paragraph 6.12). and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.8.6; I b. consent of the surety, if any, to final payment; I c. a list of all Claims against Owner that Contractor believes are unsettled: and d. complete and legally effective releases or .waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. }. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish r. -'eipts or c :1.:: in full and an affidavit of Contractor that: (i) the releases and n: hii,.dude .il; i.: ,:rvi4es, material, and equipment For which a Lien could be. filed: :,nd :ii: all pa}roll;, material and equipment bills, and other I indebtedness connected with tine Wt)i-k for which Owner might in any way be responsible. or which might in any way result in liens or Lather burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or I rceeipt in full. Contractor- may furnish a bond or ether collateral satisfactory to Owner to indeninify Owner against any Lien. t B. Errgineei-s° Review ofAE)pllcution and Acceptance: 1. If, on the basis of Engineer's obecrvation of the Work during construction and final inspection, and re%ie" 1)]'the final Application for Payment and accolnpanNing I EJCD C-7UO Standard trim-at Conditions or the Contraction Onntrart Copyright''31W Natinnat Smiety of 1'rofessional Engineers for FJCDC. All rights reservtd. hige 37 of 62 —----— -- --- - - I documcniat I oil as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will. within ten days after receipt of the final Application for Rr,ment, indicate in writing Engineer's recommendation of payment and present the •-.1ication for Payment to Owner for payment. At the same time Engineer will also give notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. 01i; -wise, Engineer will return the Application for Payment to Contractor, indicathv-, ::, 1- riting the reasons for refusing to recommend final payment, in which case Contractor miali make the necessary corrections and resubmit the Application for Payment. C. PaYnient Becomes Due: I. Thirty days after the presentation to Owner of the Application for ment and accompanying documentation. the amount recommended by Engir, --. � � - ;�J L, Owner is entitled to set offagainst Engineer's recommendation, including lout nk.t to liquidated damages.will become due and will be paid by Owner to Contractor. 14.08 r, ion Delaved I.'. .',iough no fault of G d comp! 'Al, i Iayed, and if En-ineer so confirms, ui'Coii,Jactur':, ifflal Apph�:aiioii for Payment (for Work fully coning ;md opted) i;id recommendation of Engineer, and without terminating the Conti - pa%i.,ent of the lm;: due for fliat poi-!ion of the Work fully completed and accepi- .:je remaining bal:. be hcl,;' Ovi;. - for Work not fully completed or corrected i, ':.-,,s than the retain;. ;;pulated in the Zreci: _:. ind if bonds have been furnished as required in Paragraph 5.01, the written consent 01C sure:- -o the payment of the balance due for that 1, of the Work fully completed and :eptt•,: I by Contractor to I`:,.,.Jnccr .1:,;,, the I) toe Such payment. Such 1 .i.: hall i)c :!!.t under the .111d .:,.)JI,iILiolls !'inal payment, except that It ,,hall nut conNnitti -,i 1 waiver o f i i i,. 1-4,01) 4V(zivvr(!f Claims A. The making and acceptance of final payment -zistitute: I. a waiver of all Claims by Owner against Contractor. Clainis arising from unsettled Liens, from defective Work appearing after final i!-. pill -! mi Paragraph 14.06, from failure: to comply with the Contract Document isr the terniii t,l' i "ial guarantees specified therein, or from Contractor's continuing obligations under file Contract Documents; and I a waiver of all Claims by Contractor against Owner other than those previously made ill accordance with the requirements herein and expressly acknowledged by Owner in �vriling as still unsettled. EJCIX 1 -7411)Standard Cemral Conditions of the Construction Contract Copyright C 2017\,itional Society or Professional Engineers for FJ( •. Ali rights reserved. Page 58 of 62 ARTICLE 15—SUSPENSION OF WORK AND TERMINATION � A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 9U consecutive (lays hy notice in writing zo Contractor and Engineer vvhiohwiU fix the date no which Work will be resumed. Contractor shall mcxunne the Work oo the date so | fixed. Contractor shall be granted an yJiuvtrnen{ in the Contract Price or an extension of the Contract'rimes,or N)th, directly attributable to any such suspension if Conti-actor makes a Claim therefor aa provided in Paragraph 10.05. 1512 Owner May Terminate /brCause [ A. The occurrence of any one or more pf the following events will justify termination for cause: l. Contractor's persistent failure to p*r[bnn the Work in ucconJoocc with the Contract � [rAunncntx (including, but not limited nn. failure to supply sufficient okd}nd workers or suitable materials or equipment or failure to mdhcnc to the Progress Schedule established under Paragraph 2.0 as adjusted bnm time to time pursuant to Paragraph 6.04); / ' 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction: 3. Contractor's repeated disre»»r6u[the authn�tyof Engineer: *r � ~ 4. Contractor's violation in any substantial way ofany provisions of the Contract [}ucucnen{s. � B. If one or more of the events identified in PtnuQTnph 15.02./k occur, Owner noay, after giving Contractor (and surety) seven days written notice of its intent to trrndoutc the services of Contractor: l. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools. appliances, construction equipment, and machinery u| the 8iuc, and use the same to the � hu}\ extent they could be used by Contractor (without liability tn Contractor for trespass or conversion), � Z. incorporate in the Work all mno1edm6s and equipment stored at the Site or for which ()wnur has paid Contractor but which are stored elsewhere; and 3. complete the Work os Owner may deenuexpedient. C. If Owner proceeds as provided in Paragraph 15.02.0, Contractor ubu!| not be rn(i||cd Vn receive any further payment until the Work is completed. If the unpaid bu|uo«c of the Contract Price � exceeds all duirn.s. .'''`t$, losses,and dun\oges (including but not |in)it,Jto all fees and chailgcsof engincer*, urckiv`';, axvxmeyx. and other onofemmk`nudu and all court or arbitration or other dispute resolution c ' /`) sustained by Owner arising out of or n6udng to completing the Wnt. ' such excess will h, !'uid ^` ("'nntruokxc If such claims, costs, losses. and damages exceed xuh unpaid balance. hall pay the difference to Owner. Such claims. costs. losses, in(] da na8eo incurred by ( ), u-/ will be v:`/'`oed by Engineer as k` their u:uaunmb|eoemx and, when mJCmCc-7wn Standard«... .`.mm*wm the u°mmm,timContract Copyright#2W National yuowky"//,` �,nmEn»iaw-tn for*lccC. ^m rights rrmned. 41) of 62 _- so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner sluill not be required to obtain the lowest price for the Wort: performed. D. Notwithstanding Paragraphs 15.02.8 and 15.02.0, Contractor's services will not be ten-ninated if C ,r -. r heg• ::. •• ;thin seven days of receipt of notice of intent to terminate to correct its failure to perturin anti pi, -.ids diligently to cure such failure within no more than 30 days of receipt of said notice. t E. Where Contractor's services have been so it-, ',+y Owner. the termination will not affect any rights or remedies of Owner against(' :,. .. tctr then existing or which may thereafter accrue. Any retention or payment of mone_, ntni,.I it by Owner will not release Contractor front liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.0. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer. Owner may. without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): I. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination. including fair and reasonable surns 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 surns for overhead and profit on such expenses: I i all c:l tini :t . 1.. ,es, and damages (including but not limited to all tees and charges of i t n__ir r, attorneys, and other professionals and all cones or arbitration or other 'ii !, resolution costs) incurred in settlement of tennin.ited contracts with Subcontractors. .' pn! -, r. t -, and others: and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stern Work or Ter-rninafe A. If. through no act or fault of Contractor, (i) the Work is suspended for more than(A) consecutive days by{honer or under an order of court or other public authority, or(ii) Engineer fails to act Ott any Application for Payment within 4) days after it is submitted, or (iii) Owner fails for 30 days FJCI 'C-700 Standard General Conditions of the t;a ustruction contract - Copyright r 2007\atinnai Sniirti of t'rnfa�sionai Engineers for f 1['t>E'. All rights rescrrcd. f"age 60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer. and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pa'v Contractor any sum finally determined to be due. Contractor may, seven days after written r, ,=i.'.- to Owner and Engineer, stop the Work until payment is made of all such amounts due G �,, . .-tor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not r.-olved by mediation. Engineer's action tinder Paragraph 10.05.0 or a denial pursuant to Par:,-:tphs 10.05.C.3 or 10.05.13 shall become final and binding 30 days after termination of the mediation unless, within that time period,Owner or Contractor: I. elects in an writing to invoke dispute resolution process provided for in the SupplenictilitiN lz� y Conditions:or 2. agrees with the other party to submit the Claim to another dispute resolution process;or 31 eives wvritten notice to the other party of the intent to submit the Claim to a coon of competentjurisdiction. ARTICLE 17— MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract DOCU rent S rftjiiires the givint,-, of%written notice, it will he deemed to have been validly given if: FJCDC C-70D Standard Generai Conditions of the Construction Contract Copyright 0=7 National Soc-ivty of Professional Engineers for EJCDC. AR rights reserved. Page 61 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or cet: .: :: il, postage prepaid, to the last business i address known to the giver of the notice 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If ii: last day of any such i, -iod fills on a Saturday or Sunday or on a day made a legal holiday by `.. w of the applicabl; such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights .. ,•I remedies available hereunder to the parties hereto are iu- ..!dition to, and are not to be construed in any way as a limitation of. any rights and reme&, ilable to any or all of ism which are otherwise imposed or ;. -i'able by Laws or Regulatik%, , by special warra:ix. _uarantee, or by other 1,,. .,•; .;;)ns f •lil Contract Documents. The pro isions of this Paracra:- :, ° :!II be as effective as if n I specifically in the Contract Documents in connection w im cacti particular duty, right,and remedy to which they apply. 17.04 Survival of Obligations A. All r�•, •niations. indemnification made in, required by, or given in ac •.iai ice with the Contract DoeUii►ei.: 11 ,ili comic wing obligations indicated in the Contni,t Documents, will survive final l :,a,npletion. and acceptance of the Wort: or i termination or completion of the Contract :.T 111111.111(M►ii of the services of Contractor. i 17.05 Controlling 1 zit• A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragr,;;.;, i f•ur convenience only and do not constitute parts of these General Conditi 0 c e I E LA r)t.' :-Ak)Standard General Conditi+�of the Construction Contract- --— — C opyright C+2007 National Satiety of Profty�ionat t';ngiix,m ror FJCDC. All rights resm,"I, Page 62 or 62 l _ SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC-2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.0l.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC -2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following' the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC -2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph l 1.0l.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. Section 00810—61`Edition Supplementary Conditions to the General Conditions Page 1 of 12 SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05,A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.5.c. SC -4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01.0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC - 4.02-SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special Provisions, Section 00810--6`h Edition Supplementary Conditions to the General Conditions Page 2 of 12 SC—4.03-DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC - 4,04-UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC - 4.06- HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 00810—60 Edition Supplementary Conditions to the General Conditions Page 3 of 12 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC--5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: I. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions, a. State Statutory b. Applicable Federal (e.g. Longshorernans) Statutory C. Employer's Liability 500 000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000-00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810—6`�Edition Supplementary Conditions to the General Conditions Page 4 of 12 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability,Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810—6'h Edition Supplementary Conditions to the General Conditions Page 5 of 12 SC-5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof(subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: I. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810—6h Edition Supplementary Conditions to the General Conditions Page 6 of 12 6. include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.0 of the General Conditions, D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC - 5.06.C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02,A. SC-6102 Working Hours Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810—60 Edition Supplementary Conditions to the General Conditions Page 7 of 12 SC- 613 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfcring with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810—6''Edition Supplementary Conditions to the General Conditions Page 8 of 12 I Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC. 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.0 1 .A.5.c of the General Conditions in its entirety and insert the following in its place: I1.01.A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810—6d`Edition Supplementary Conditions to the General Conditions Page 9 of 12 equipment rental rates will be negotiated prior to the work being performed. SC41.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.I of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.1.a. through 14.02.D.Ld inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810—60'Edition Supplementary Conditions to the General Conditions Page 10 of l2 SC—14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages;or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.01A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be in Section 0081 0—6h Edition Supplementary Conditions to the General Conditions Page t 1 of 12 accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be.equitably adjusted with a Change Order. Facilities Substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.01.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all no letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 Section 00810—6" Edition Supplementary Conditions to the General Conditions Page 12 of 12 1 0 NOTICE OF AWARD TO: Knife River Dated: March 26, 2412 1 ADDRESS: A.O. Box 9 Bel rade, MT 59714 PROJECT: Downtown Streetscape Improvements CONTRACT FOR: Sidewalk, lighting, and landscape construction You are notified that your Bid dated for the above Contract has been considered. You are the ' apparent Successful Bidder and have been awarded a Contract for: Downtown Streetscape Improvements . The Contract Price of your Contract is: One Hundred Three Thousand. three hundred six five dollars and twenty- five cents Dollars ($_103,3{5.25 ). Copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. 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 March 26, 2012. 1. You must deliver to the OWNER THREE 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 (paragraph 18), General Conditions (paragraph 5.1) and Supplementary Conditions(paragraph SC-5.1). 3. List other conditions precedent: Bonds.shall not be dated at the time of being issued. They will be dated at the time of the City Manager's signature for notice to proceed �! 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. _.�('ff x(k ' Within ten (10) days after you comply with these condii;"*, $ r _will return to you one fully signed counterpart of the Agreement with the Contract dents atlas CITY OF BOZEMAN, MONTANA a BY: BY - (CITY MANAGER) ^ (d RIB E r•OMMISSION) DATE: -3 —Z 6-)Z APPROV D S FORM: BY: C ATTORNEY) 1 Notice to Proceed Date: q I L�Z Project: o,v,l il-wi Owner: �',� aC1 Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address:[send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: [add other requirements], Owner Given by" ` Authorized Signature Title Date Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 or 1 THIS PAGE INTENTIONALLY LEFT BLANK Bond No. 190025914/105757996 PERFORMANCE BOND Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business): Knife River-Belgrade Liberty Mutual Insurance Company P.O.Box 9 450 Plymouth Road,Suite 400 Belgrade,MT 59714 Plymouth Meeting,PA 19462 OWNER(Name and Address): AND City of Bozeman Travelers Casualty and Surety Company of America 20 East Olive One Tower Square-2SHS Bozeman,MT 59771 Hartford,CT 06183 CONTRACT Effective Date of Agreement: Amount: $103,365.25 Description (Name and Location): BOND Bond Number: 190025914/105757996 Date (Not earlier than Effective Date of Agreement): Amount: $103,365.25 Modifications to this Bond Form: None Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause 11 this Performance Bond to be duly executed�b�'.�a au�t r fizgd officer, agent, or representative. CONTRACTOR AS PRINCIPAL �:c�`� ��tiT�SR'$TY Ziti2rty[- tual Insurance Company& Knife rad River-Bel F g (seal) '°- Travefer,;:Casualty and Surety Company of America (Seal) Contractor's e and Corp S `i"' :Surety's Name and C orate Seal Signature V '' f I 3!i t twr Signa e (At*h Power of Attorney)' _ Terry R. Navin Vice-President Nicole Langer Print Name Print Name Attomey-in-Fact Ti Title Attest: �� db_"st: Signature 4,10 ature Pamela L. Michalies-Asst. Scc. Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Cpmmittee. Page 1 or 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond,except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default,Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not Iaer than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right,if any,subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract;or 2. Another contractor selected pursuant to Paragraph 33 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor,with consent of Owner,to perform and complete the Contract;or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors;or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract,arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond,but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shaII not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors,administrators,or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders,and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety,Owner,or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address and Telephone) Willis of Minnesota,inc.(Phone:763-302-7214) Surety Agency or Broker: 1600 Utica Ave.south,Suite 600 Owner's Representative(Engineer or other party): Minneapdis,MN 55416 EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 THIS PAGE INTENTIONALLY LEFT BLANK Bond No. 1900259141105757996 PAYMENT BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name, and Address of Principal Place of Knife River-Belgrade Business): Liberty Mutual Insurance Company P.O. Box 9 450 Plymouth Road, Suite 400 Belgrade, MT 59714 Plymouth Meeting, PA 19462 OWNER(Name and Address): AND City of Bozeman 20 East Olive, Bozeman, MT 59779 Travelers Casualty and Surety Company of America CONTRACT One Tower Square-2SHS Effective Date of Agreement: Hartford, CT 06183 Amount. $103,365.25 Description(Name and Location): Bozeman Downtown Business improvement District Streetscape Improvements A Portion of the Bozeman Ave. and Rouse Ave. North Sidewalk Improvements BOND Bond Number: 1900259141105757996 Date(Not earlier than Effective Date of Agreement): Amount: $103,365.25 Modifications to this Bond Form: See Attached'Rider Amending EJCDC No C-615 Payment Bond" Surety and Contractor,intending tq%bld lb illyibound hereby, subject to the terms set forth below, do each 1,. cause this Payment Bond to beNkly,Wcdtea by�authorized officer,agent,or representative. CONTRACTOR AS PRI*IPAL� �`:4 SURETY i4r1 = Liberty Mutual Insurance Company& Knife River- Belgrade Travelers Casualty and Surety Company of America(Seal) Contracto ` ame and CoT%or to eajl� Surety's Name and Corporate Seal By. Signatur By. Signature(�Iach Power of A torney) z `Terry R. Haven Vice-President _Nicole Langer Print Name Print Name Attorney-in-Fact Titl TJ le Attest: Signature 'gnature Pamela L. Michalies-Asst. SL Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page I of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, Iiens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. ldith respect to Claimants,this obligation. shill be null_ and void if Con�ractor promptly r al es payment, directly or indirectly,for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the Iabor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly;and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions- 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 9_ Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders,and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the Iast materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs- If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted here-from and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor,to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were fumished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including 0 Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner,which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof, FOR INFORMATION ONLY—(Name,Address, and Telephone)Willis of Minnesota,Inc.(Phone:763-302-7214) Surety Agency or Broker: 1600 Utica Ave.South,Suite 600 Owner's Representative(Engineer or other): Minneapolis,MN 55416 EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Conunittee. Page 3 OE3 THIS PAGE INTENTIONALLY LEFT BLANK Rider Amending EJCDC No. C-615 Payment Bond This rider is to be attached to and form a part of surety bond number 1900259141105757996, dated the day of , 2012, issued by Liberty Mutual Insurance Company &Travelers Casualty and Surety Company of America, as surety (the"Surety") on behalf of Knife River-Belgrade, as principal (the"Principal"), in favor of City of Bozeman, as obligee (the "Obligee"). WHEREAS, the Principal has by written agreement dated the day of , 20 12, entered into a contract(the"Contract")with the Obligee for: Bozeman Downtown Business Improvement District Streetsca e Improvements, A Portion of the Bozeman Ave. and Rouse Ave. North Sidewalk Improvements, WHEREAS, upon the request of the Principal and the Obligee, the attached bond is hereby amended as follows: Paragraph 4 is amended to insert sub-paragraph 4.3, which states: 4.3 Claimants have furnished to Surety proof of claim duly sworn to by Claimants with adequate supporting documentation proving the amount claimed is due and payable. Paragraph 5 shall be amended to delete the word "or" and insert the word "and' in its place. Paragraph 6 and its sub-paragraphs 6.1 and 6.2 shall be deleted in their entirety and replaced with the following: When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall, within 90 days of the date when claimant finally completed its satisfactions of the conditions of Paragraph 4 notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant's sole remedy shall be the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. Paragraph 12 shall be amended to add the following paragraph: CLAIM NOTICE for the Liberty Mutual Insurance Company must be sent to the following address: 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 and for the Travelers Casualty and Surety Company of America must be sent to the following address: One Tower Square—2SHS Hartford, CT 06183, both marked to the attention of the Surety Claim Department This change is effective as of the effective execution date of the Bond to which it is attached_ The attached bond shall be subject to tall of its terms, conditions and limitations except as herein modified. IN WITNESS WHEREOF, said Principal, Surety Obligee, have caused these presents to be duly signed and sealed this day of , 2012. Knife River - Belgrade By: Liberty Mutual Insurance Company & Travelers Casuaftyand Surety Co y of America By: cola Langer, Attorney-in- acf` t Surer Acknowledgment State of MINNESOTA } ss_ County of Hennepin 1 On this day of 2012, before me personally came Nicole Langer, to me known, who being by me duly sworn, did depose and say that she/he is the Attorney-in-Fact of Libegy Mutual Insurance Company & Travelers Casualty and Surety Company of America described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to it by li er. �ll/t�frCf1/ Notary Public slcn Exrhr> ia7.31,206' .�:..i tiv+y;r��ti'Li�lAftib eivAlOr$�IU�+4'3Ia'i"iP+iv`JV:. I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �► POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attornev-In Fact No. 224124 Certificate No, 004687535 KNOWALL MEN BYTHESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance i Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc-,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Dennis G.Loots,Jill N.Swanson, Laurie Pflug, Nina E.Werstein,Brian D. Carpenter, Barbara L.Raedeke,Nicole Langer, and Teresa Hammers i of the City of Minnempolis State of Minnesota their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,sea]and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. [N WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 11th day of January 2012 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurancti Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company I =pnSV,��Ai- �� TyF1REk y Q,eK..�.ySGD y¢Y lN5fN74 gJt45Y 4Np� }7A6unAr FI�iYtNO 1 9 6 2 o •19]'7i `� �" F n- � F7AATF9FiD, � a FtRRIW 'i a�-, 1951 � SEItt..as � calla o ooearr. a �, teas State of Connecticut By: City of Hartford ss. Georg Thompson, mior Ice President On this the 11th day of January 2012 before me personally y a ppeared George W. Thompson, who acknowledged , himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he, as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. C , M Commission expires the 30th day of June,2016. Y p Y � G � Marie C.Tetreau[t,Notary Public aw 58440-6-11 Printed in U,S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance r Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States i Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman.any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President, any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St,Paul Guardian Insurance Company,St,Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of '20 Kevin E.Hughes,Assistant Sec tary ru:rAR AT-n: +i? v 19 8 2�a y g]7 w�a�PQ�tA1FD zq „? `. '1 t •� •�b n i a m�, t4cafFrts➢,:ov SEFL o ttArSiFtla0.T£i a�n � t86 7� To verify the authenticity of this Power of Attorney,call 1-800.421-3880 or contact us at www.iravelersbond.corn. Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER U 4 (A H H 0 0S h h 405 h h d1 O O '3 rii c v n cs v + x a o G� L�. Lee �Fj u u p H [ Is Wp Y. >1 q P Pa P En 0 Z tJ l� v �i F7 FF1`�I V f! raj n �j h ri m d vi �d ri ao � � � P. •� � rn� ¢'�a F °u )Lt D b 6 cl a ga +o 'S7 I a. -El iyg �r� 3 dA E 4�Z b 2 �!.ki ki d D y D 0� 3 p n Lt ° P ^° P] I I p � ® � ° � / � � . � � \ �®` � � � � � ` f� « � /k ) ! emu � I � {� � m � � � \ } � & � f � � 7 f . ) k ° ƒ i � k ) 7 ® � $ } r �/ a 2m ' « �\ ;a . � y \2, <E fay . ° \� )}) � ƒ §) \I / )f � � 2 7 . ! I ` d � o ; � \ ) < . , � � m I � � W .. 1 � � \ � � { � / J/ � E / } � i � ! # � I U 4 (A H H 0 0S h h 405 h h d1 O O '3 rii c v n cs v + x a o G� L�. Lee �Fj u u p H [ Is Wp Y. >1 q P Pa P En 0 Z tJ l� v �i F7 FF1`�I V f! raj n �j h ri m d vi �d ri ao � � � P. •� � rn� ¢'�a F °u )Lt D b 6 cl a ga +o 'S7 I a. -El iyg �r� 3 dA E 4�Z b 2 �!.ki ki d D y D 0� 3 p n Lt ° P ^° P] I I p � ® � ° � / � � . � � \ �®` � � � � � ` f� « � /k ) ! emu � I � {� � m � � � \ } � & � f � � 7 f . ) k ° ƒ i � k ) 7 ® � $ } r �/ a 2m ' « �\ ;a . � y \2, <E fay . ° \� )}) � ƒ §) \I / )f � � 2 7 . ! I ` d � o ; � \ ) < . , � � m I � � W .. 1 � � \ � � { � / J/ � E / } � i � ! # � I § � § � \ f � . n U 22/ 2\ a � � / O 5 »a \ � . f$ TH --m a < ° all d /f # §� § a � 2 . � ( . o : i * ; � \ � o A . / } m . � § i q W . . @ . § � § � \ f � . n U 22/ 2\ a � � / O 5 »a \ � . f$ TH --m a < ° all d /f # §� § a � 2 . � ( . o : i * ; � \ � o A . / } m . � § i q W . . @ . ■ m 0 m � °� {) � \ � � . . �} U ` � } 2 Q \ I ] § kg e \ � ) �R ¥ § f tt & � § ® � 7 � / � § . / & g u / f k � i � m 2 g Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: ngineer's Project No.: This [tentative] [definitive) Certificate of Substantial Completion applies to: ❑All Work under the Contract Documents: ❑The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑Amended Responsibilities ❑Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 Work Change Directive No, Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Contractor is directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: ❑ Nonagreement on pricing of proposed change. ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) days Recommended for Approval by Engineer: Date Authorized for Owner by: Date Received for Contractor by: Date Received by Funding Agency (if applicable): Date: EJCDC C-940 Work Change Directive Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page I of 1 THIS PAGE INTENTIONALLY LEFT BLANK Change Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: The Contract Documents are modified as follows upon execution of this Change Order: Description: Attachments(list documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion(days or date): $ Ready for final payment(days or date): tIncrease] [Decrease] from previously approved [Increase] [Decrease] from previously approved Change Orders Change Orders No. to No. No. to No. Substantial completion (days): $ Ready for final payment (days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion(days or date): $ Ready for final payment (days or date): [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date): $ Ready for final payment(days or date): Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): $ Ready for final payment(days or date): RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature) Date: Date: Date: Approved by Funding Agency(if applicable): Date: EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications institute. Page 1 or 2 Change Order Instructions A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times,a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor,or requests from Owner,or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times,cross out the part of the tabulation that does not apply. EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 Field Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04.A, for minor changes in the Work without changes in Contract Price or Contract Times. ff you consider that a change in Contract Price or Contract Times is required,please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s) Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by Contractor: Date: Copy to Owner EJCDC C-942 Field Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of I THIS PAGE INTENTIONALLY LEFT BLANK CONSTRUCTION SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS SECTION 01000 SPECIAL PROVISIONS (Reference City of Bozeman Modifications) 1. GENERAL All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications, Sixth Edition(MPWSS-6th),published April,2010,including all addenda, which by this reference are hereby included as part of this specification as modified herein by the City of Bozeman, All correspondence and official. authorization concerning the work shall be with the Engineer/Inspector 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 Contractor's risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. AWARD OF CONTRACT The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsible Bidder whose bid complies with all the requirements 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. The bid schedules may be awarded as a single total combined contract,may be awarded singly as separate contracts,or in any combination of schedules which result in the lowest project cost to the Owner. 3. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the contract time shall be stated in a written NOTICE TO PROCEED written by the Engineer to the Contractor. In establishing the date when contract time begins,the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. The contract time will expire automatically the number of calendar days stated as contract time,except as the contract time may be extended by change order. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 4. 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. 01000 - 1 The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $200.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 5. 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_ 6. 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. 7. APPROVAL OF EQUIPMENT AND MATERIAL 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. 8. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances,organization,and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full- time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the Superintendent shall be reason for the Owner to stop all work on the project. 9. 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. 01000 - 2 10. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the Engineer/Inspector the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing,and progress in which the Contractor proposes to prosecute the work. This schedule shall be in bar graph,CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. 11. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a preconstruction conference will be held at the site of the project for the purpose of discussing requirements on such matters as project supervision,on-site inspection,progress schedules and reports,payrolls,payment to contractors,contract change orders,insurance,safety,traffic control 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. 12. 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. Not withstanding 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. 13. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of the 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. 01000 - 3 A Montana One-Call system (S 11)has been established to facilitate requests for underground facility location information. The Contractor is cautioned that all utilities may not be on this system. 14. 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. 15. TRAFFIC CONTROL A. GENERAL The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of City streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the Engineer/Inspector. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices 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 shall be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. In regards to closures,the plan shall 'include specific details on traffic detours and estimated duration of the closures. Details of signing, barricades, flagging and other traffic control devices shall be included, and the TRAFFIC CONTROL PLAN shall be approved by the Engineer/Inspector or his designated representative prior to construction. B. TRAFFIC ACCESS Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all residents in the area of programmed work of street closures,parking requirements and restriction,and any other conditions,a minimum of twenty-four (24)hours prior to beginning work within the affected area. All signing,barricades,and other traffic control measures shall be provided by the Contractor. C. WARNING 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 01000 - 4 used for this purpose shall be kept burning from sundown to sunrise. D. STREET, ALLEY, AND SIDEWALK CLOSURES Closure of the alley will be allowed in order to construct alley approaches. Only one end of the alley can be closed at any one time. Closure of the east lane of traffic on Bozeman Avenue and the west lane of Rouse Avenue will be allowed. Rouse Avenue shall be signed to allow for two-way traffic utilizing the south bound left hand turn lane and the east lane. Bozeman Avenue shall be signed to allow for two-way traffic utilizing the west lane and west parking lane. Prior to closure,the contractor shall provide the City of Bozeman Engineering Department,City of Bozeman Street Department,and Montana Department of Transportation with a signage plan and if necessary a detour route. No street closures will be allowed until the plan has been approved by the City Engineering and Street Departments. Sidewalk closure of the sections of sidewalk being removed and replaced will be allowed. Prior to closure,the contractor shall provide the City of Bozeman Engineering Department with a signage plan. Signage plan shall indicate how each business will be accessed during the closures. All businesses shall be accessible during construction. No sidewalk closures will be allowed until the plan has been approved by the City Engineering Department. 16. DISPOSAL EROSION WATER POLLUTION AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all local,state,and federal laws and regulations pertaining to erosion control, fill in wet lands, and floodplains. The Contractor shall dispose of all refuse and discarded material in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers,streams,impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish,Wildlife and Parks,Department of Environmental Quality and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with erosion control and groundwater dewatering operations. Contractor's responsibility shall include all cleanup,restoration,etc., of any detention or discharge areas. 01000 - 5 17. 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 directed by the Engineer. 18. OPERATION OF EXISTING AND NEW 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. When new or existing valves are used to take water from the City of Bozeman water distribution system, they shall be operated by City of Bozeman personnel only. 19. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the City of Bozeman and shall be delivered to a site specified by the City of Bozeman. Should the City of Bozeman 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 work shall be at the Contractor's expense. 20. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers or 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. 21. INSURANCE Insurance coverages required under this contract shall extend, at a minimum, to the end of the contract time. 22. TESTS AND INSPECTIONS A. Scope - All work will be tested and inspected to insure compliance with the contract documents. Complete payment will not be made until Contractor has demonstrated that the work is complete, and installations will perform as required. B. Equipment and Systems Tests—The owner will be providing and inspector including all equipment necessary to complete tests on completed work. Contactor shall notify the Engineer,in advance,when,where,and on what portions of the work they will be completing so necessary tests can be scheduled. Contractor shall make available to the inspector construction materials for testing and an area for tests to be performed. The presence of an inspector does not relieve the Contractor of his responsibility to provide equipment and systems meeting all the requirements of the Contract Documents and to warrant the work as required. 01000 - 6 Testing Responsibilities: 1. Inspector shall furnish documentation of tests in accordance with methods prescribed by AASHTO for theoretical maximum density, optimum moisture content, and sieve analysis for the subbase course, crushed base course, pit run, and native backfill and subgrade material within the right-of-way. 2. The Inspector shall furnish documentation of in-place field density tests. In-place density tests for trenches and embankments shall, as a minimum, be required for the first lift of backfill to set a pattern of compaction, shall be provided daily, and as backfill material changes. In-place density tests for roadways shall,as a minimum,be required at intervals of 50 feet. Tests for roadways shall be provided for subgrade, sub-base course and/or pit run, and crushed base course materials. A minimum of the top 6 inches of subgrade which are to be paved or covered with curb, gutter, or sidewalk, shall be field density tested. All trench backfill material in improved areas and all embankments shall be compacted for the full depth and shall be compacted to 95% of the theoretical maximum proctor density as determined by AASHTO-T-99. 3. The Inspector shall furnish a dated job-mix formula for hot plant mix bituminous pavement which conforms to the procedures of the Asphalt Institute's MS-2 manual. The job mix formula shall be no older than one year, and shall have the same aggregate and asphalt sources and grades as the mix used for the public improvements. The Inspector shall furnish certified results of a Marshall Test showing the bulk specific gravity determination,stability and flow data,and density and void analysis. The Inspector shall furnish a minimum of one "field Marshall Test"per 2000 tons of mixture placed to check for variations from the job- mix formula. In addition,test results of ASTM D 1075 for the effect of water on cohesion of compacted bituminous material shall be provided by the Inspector. 4. The Inspector shall furnish asphalt core samples for bituminous pavement in the public right- of-way. Four core sample shall be required for every 1000 tons of mixture placed, with a minimum of three samples for projects that use less than 1000 tons.The location of the core samples shall be determined on a random basis using a system of random numbers, so that each ton of material has the same probability of being selected.For random locations falling near the pavement joints, obtain the core as close to the location as possible without having any part of the core circumference coming closer than 12 inches to the pavement edge or joint.The Inspector may take additional core samples at locations where he/she has,based on observations,of the paving process and/or the results of nuclear density tests, reasonable belief that the in-place material is unsatisfactory. The Inspector shall submit the sampling plan to the Engineer upon completion of the paving, prior to taking cores. (An example for one method of determining random sample locations is included in the appendix of these Design Standards). The Inspector shall provide a certified laboratory report from the samples taken as to thickness and actual density. Testing laboratories shall meet the requirements of ASTM D3666 (Evaluating and Qualifying Agencies Testing and Inspecting Bituminous Paving Materials). The Inspector shall certify that the core holes have been patched with hot plant mix asphalt. 01000 - 7 5. The Inpsector shall furnish Portland cement concrete tests for concrete placed in the public right-of-way and concrete incorporated into public infrastructure improvements. One set of tests shall be required for every 50 cubic yards of concrete placed with a minimum of one set of tests per project. The concrete shall be sampled, specimens made, and compliance determined in accordance with the following: Sampling Fresh Concrete ASTM C-172 Slump ASTM C-143 or AASHTO T119 Air Content ASTM C-231 or C-173 or C-138 or AASHTO TI 52 Compressive Strength ASTM C-39 or AASHTO T22 Making and Curing Test Specimens in the Field ASTM C-31 or AASHTO T23 Sampling and testing shall be done by persons that are currently certified as ACI Concrete Field Testing Technicians, Grade 1. 23. CONSTRUCTION SURVEYS The Owner will provide construction staking for the project and associated work. Construction staking includes staking one time only by placing location stakes that will include offsets to: • Top back of curb • Center of light pole • Center of tree grate • Alley approach centerline The Contractor must provide the party chief a minimum of one week's notice prior to need for construction stakes. 24. PRESERVATION OF SURVEY MARKERS AND MONUMENTS The Contractor shall carefully protect from disturbance all control points,monuments,property pins, block corners and other survey monuments or markers. Any survey marker or monument that is disturbed or destroyed by the Contractor shall be replaced by a licensed land surveyor in compliance with Montana Codes Annotated 70-22-115, Monument Preservation. A properly filed Corner Record shall be provided to the Engineer for all installed monuments to property corners or lines. If the markers are specifically called out for removal and replacement on the drawings,the Contractor shall notify the Owner in writing at least 2 days in advance of the marker or monument being removed. If there are markers or monuments that must be removed for construction, but are not called out specifically for removal on the drawings the Contractor shall arrange and pay for the proper referencing of the monument by a licensed land surveyor prior to removal, and for its proper installation after all construction activities are completed. Survey notes for the referencing shall be provided to the Engineer prior to any disturbance of the monument vicinity. 25. REGULAR WORK HOURS The regular work week shall consist of five working days, Monday through Friday, with regular 01000 - 8 working hours between 7.00 a.m. and 7:00 p.m. Written requests to perform work outside the regular work week or normal working hours must be delivered to Owner and Engineer no less than 48 hours before work outside regular work hours. 26. PERMITS AND REGULATORY REQUIREMENTS Contractor shall familiarize himself with the requirements of all regulatory agencies pertaining to project work performance. Contractor shall secure and pay for all permits, licenses, and fees necessary to perform the work. Contractor shall perform all the work in accordance with regulatory requirements. Any conflict between Contract Documents and regulatory requirements shall be brought to the immediate attention of the Engineer. 27. SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary accommodations for the use of his employees and those of his subcontractors as may be necessary to comply with the requirements and regulations of the local and Montana Department of Environmental Quality. 28. GEOTECHNICAL INFORMATION No specific geotechnical investigations were made for this project. 29. ACCESS TO BUILDINGS BUSINESSES,AND DUMPSTERS Contactor shall provide and maintain pedestrian access to the main entrance of all buildings,during business hours,throughout the project duration. Pedestrian access shall be clearly identified and dept clear of equipment and debris. Alternative access or temporary closures must be approved by the business owner and Engineer. Contractor shall also provide access to dumpsters and allow for emptying of dumpsters throughout the duration of the project. 30. WEEKLY PROJECT MEETINGS Contractor's project superintendent shall be required to attend weekly progress meetings. Construction progress, difficulties, coordination and schedule issues will be discussed at each meeting. Weekly meetings will be held each Monday morning at 8:00 a.m. with the location to be determined at the preconstruction conference. Contractor will prepare a weekly schedule identifying the construction activities planned for the week. Ten copies of each weekly schedule will be delivered to the Inspector during each Monday meeting. 31. SIDEWALK VAULTS AND GRATES Sidewalk vaults and grates exist throughout the project as shown on the plans. Contractor shall become familiar with each vault prior to submitting their bid or beginning work on the project. 01000 - 9 32. ELECTRICAL Electrical work shall be done in accordance with Section 16055—General Electrical Requirements 33. PROTECTION OF ADJACENT PROPERTIES Contractor shall be responsible for protecting buildings and other properties adjacent to the work. It is the contractor's responsibility to repair damages to buildings or properties caused by Contractor, Sub-contractor, or agent thereof. 01000 - 10 34. MEASUREMENT AND PAYMENT 34.1 General.The project bid proposal consists of unit prices with brief descriptions for all work items.The brief descriptions do not necessarily name all the items required by the Contractor to complete the work. Five percent retainage will be withheld from payment of each bid item until the project is complete and final payment made. 34.2 Incidentals. The following measurement and payment sections do not necessarily name all the items required by the Contract Documents to complete the work. The cost of all such incidentals shall be included in the various related bid items.Final payment will not be made until the work is complete. 34.3 Precedence. The following measurement and payment sections take precedence over the short descriptions listed with each bid item in the Bid Proposal and replace Part 4 of each section in the Montana Public Works Standard Specifications. 34.4 Measurement and Pa ment 1. Mobilization Bonding & Submittals (May Not Exceed 5% of Total Bid): * General: This bid item shall include mobilization and demobilization,bonding, insurance, permitting, and cleanup. * Work Included: All Iabor,tools,equipment,materials, and incidentals necessary to complete the work as specified; • Transport and set up all equipment,materials and other items needed to complete the project; • All permits, coordination and compliance inspections required for work; • Bonding and Insurance; • Provide all submittals, the construction schedule, and other paperwork required prior to construction start up; • Installation of erosion control and Best Management Practices; • Project cleanup. * Measurement: Measurement shall be one lump sum item. * Pa ent: Payment shall be by the lump sum item listed on the Unit Price Schedule. Payment of this bid item will be allowed once the Contractor is filly mobilized, all submittals are received, and bond and insurance certificates have been submitted and approved; thereon 75% payment will be allowed. Upon project completion, clean up and demobilization, the remaining 25% payment will be allowed. This bid item may not exceed five percent(5%)of the total base bid. If this bid item exceeds 5% of the total bid, it will be reduced to 5% of the total bid. 2. Site Grading and Earthwork: * General': This bid item shall include the excavation, placing, compacting and disposal of excess material encountered within the construction limits necessary to construct the project to the lines and grades as noted in the specifications and 01000 - 11 drawings. * Work Included: * All labor,tools,equipment,materials,and incidentals necessary to complete the work as specified; • Clearing and grubbing between the construction limits, including haul and disposal of cleared and grubbed material and stump removal; • All subsoil excavation and disposal, if necessary, of material to construct the sidewalk to a depth, line and grade as shown in the drawings; • Site earthwork includes removal and hauling of existing pavement, curb, sidewalk,trees, storm drain inlets, existing pipe,manholes, and any other items that will not be re-used or delivered to the Owner; • Place clean excavated material into stump holes and embankment meeting minimum density specifications at the locations, lines, grades and elevations required to construct the project; • Furnishing and placing water for compaction and dust control; Final grading and cleanup. * Measurement: Measurement shall be one lump sum item. Over excavation not authorized by the Engineer, or excavation outside the lines, grades, elevations and dimensions as shown in the drawings will not be considered for measurement. Any material removed and replaced or wasted for the Contractors convenience will not be considered for measurement. * Payment: Payment shall be by the lump sum item listed on the Unit Price Schedule. Payment of this bid item will be made based on the percentage of sidewalk and alley approach installed. Payment=(LS Fee)*(SF of sidewalk and alley approach installed)/(Total sidewalk and curb approach) 3. Protect Existing Structures and Utilities Overhead and Underground): Measurement is lump sum. Payment will be at the contract lump sum price for "Protect Structures and Existing Utilities". All costs related to complying with utility safety requirements when working around structures and overhead and underground utilities shall be merged and included in the contract lump sum price. Utility pole support, if necessary; shall be merged into this pay item. All costs for labor, materials, and equipment and incidental work necessary to locate, preserve, and protect structures, water and sewer mains and services, natural gas lines, cable TV lines,telephone lines,electrical lines,and public and private service lines of all types that cross or are adjacent to new improvements, shall be merged and included in "Protect Existing Structures and Utilities." Any structures, utility lines or service lines of any type whether or not shown on the drawings that are damaged or removed by the Contractor shall be replaced by the Contractor or the related utility company at the Contractor's expense at no additional cost to the Owner. Payment will not be made until the project is substantially complete. 01000 - 12 4. Protect Existing Survey Monuments and Replace Disturbed Monuments: Measurement is lump sum. Payment will be at the contract lump sum price for "Protect Existing Survey Monuments and Replace Disturbed Monuments". All costs related to protecting survey markers,whether or not shown on the drawings,shall be included in this item. All costs associated with replacing disturbed monuments and property pins,whether or not shown on the drawings,by a licensed surveyor shall be included in this item. Not all survey monuments and property pins within the project limits are shown on the drawings. Payment will not be made until all work is complete and all disturbed monuments reset. 5. Remove Existing Curb and Gutter * General: This bid item shall include removing existing curb and gutter and disposing in a legal manner offsite. * Work Included: • All labor,tools, equipment,materials,and incidentals necessary to complete the work as specified; • Haul or other transportation required to remove and dispose of existing materials in a legal manner; • All fees associated with dumping of existing materials at an acceptable disposal site. * Measurement: Measurement shall be per lineal foot of curb and gutter removed. * Pa meat: Payment shall be at the contract unit price per lineal foot of curb and gutter removed and disposed offsite. b. Saw Cut Existing As-halt/Concrete * General: This bid item shall include saw cutting existing asphalt/concrete as required to remove existing materials from the site. * Work Included: • All labor,tools,equipment, materials,and incidentals necessary to complete the work as specified; • Saw cut entire depth of asphalt/concrete for any thickness encountered. * Measurement: Measurement shall be per lineal foot of asphalt or concrete saw cut full depth. * Payment: Payment shall be at the contract unit price per lineal foot of asphalt or concrete saw cut full depth. 7. Remove Existing Concrete Sidewalk/Approaches, * General: This bid item shall include removing existing concrete sidewalk/approaches and disposing in a legal manner offsite. * Work Included: • All labor,tools,equipment,materials, and incidentals necessary to complete the work as specified; • Removal of all concrete regardless of thickness, including thickened edge sidewalk curbing; • Haul or other transportation required to remove and dispose of existing materials in a legal mariner; 01000 - 13 All fees associated with dumping of existing materials at an acceptable disposal site. * Measurement: Measurement shall be per square foot of concrete sidewalk/approaches removed. * Payment: Payment shall be at the contract unit price per square foot of concrete sidewalk/approaches removed and disposed offsite. 8. Remove Existing Asphalt * General: This bid item shall include removing existing asphalt and disposing of in a legal manner offsite. * Work Included: • All labor,tools,equipment,materials,and incidentals necessary to complete the work as specified; • Haul or other transportation required to remove and dispose of existing materials in a legal manner; • Removal of all asphalt regardless of thickness; • All fees associated with dumping of existing materials at an acceptable disposal site. * Measurement: Measurement shall be per square yard of asphalt removed. * Pam ent: Payment shall be at the contract unit price per square yard of asphalt removed and disposed of offsite. 9. Remove Existing Uzht Pole * General: This bid item shall include removing existing light poles and disposing of in a legal manner offsite. * Work Included: • All labor,tools, equipment,materials,and incidentals necessary to complete the work as specified; • Haul or other transportation required to remove and dispose of existing materials; • Coordinate removal of existing light and existing electrical service to light with Northwestern Energy. All pole, fixture, and associated costs including subcontractor costs shall be included in the unit price bid for Removing Existing Light Pole. • All fees associated with dumping of existing materials at an acceptable disposal site. * Measurement: Measurement shall be per each light pole removed. * Payment: Payment shall be at the contract unit price for each light pole removed and disposed of offsite. 10. Concrete Curb Walk Alle Approach: * General. This bid item shall include installation of concrete curb walk alley approaches. * Work Included: • All labor,tools,equipment, materials,and incidentals necessary to complete the work as specified; 01000 - 14 • Installation of reinforcing steel and/or fiber mesh reinforcing; • Installation of base material; • Excavation,compaction,forming,placing,curing of concrete,reinforcement,pre- molded mastic for expansion joints, contraction joints and cleanup. * Measurement: Measurement shall be per square foot of alley approach installed and in place. * Payment: Payment shall be at the contract unit price per square foot of alley approach completed and accepted. 11, 12. Concrete Curb and Gutter: * General: This bid item consists of the construction of Concrete Curb and Gutter; catch, low profile, and laydown at the width specified. * Work Included: • All labor,materials and equipment for forming,placing and curing of concrete; • Stamp curb with a"W" or a"S"to mark water and sewer service locations; • 4-inches of compacted base course below the curb; • Pre-molded mastic for expansion joints, contraction joints, cleanup and any incidental items necessary to complete the work; * Measurement: Measurement shall be by the Iineal foot of concrete curb and gutter placed as measured along back of curb. * Payment: Payment shall be at the contract unit price per lineal foot of concrete curb and gutter completed and accepted. 13, 14. Concrete Sidewalk: * General: This bid item consists of the construction of concrete sidewalk at the thickness specified. * Work Included: • All costs for labor,materials and equipment for excavation,compaction,forming, placing,curing of concrete,reinforcement,pre-molded mastic for expansion joints, contraction joints, cleanup and any incidental items necessary to complete the work; • Adjust curb stops and valve boxes to finished grade; • Supply, install, and compact base material. * Measurement. Measurement shall be by the square foot of sidewalk, in place. * Payment: Payment shall be at the contract unit price per square foot of sidewalk, in place and accepted. 15. Replace Existing Asphalt Section: * General: This bid item consists of the construction of asphalt concrete pavement surface course necessary to match the thickness of the existing section but not less than 3 inches. * Work Included: • All labor,tools, equipment,materials, and incidentals necessary to complete the work as specified; 01000 - 15 • Provide all materials required to complete the work in accordance to the mix- design and specifications; • Prime and tack coats; • Loading,haul or other transportation required to place the material; • Place the material meeting minimum density specifications at the locations, depths, lines, grades and elevations required to construct the project; • Furnishing, handling, measuring, mixing, manipulation, placing and testing of materials; • Hauling,placing, shaping, compacting and finishing the paving mix; • Removing and replacing unsatisfactory areas; • Provide initial mix-design of the product and field Marshall test; • 9-inches minimum of 1.5"minus compacted base course, in-place; • Areas not meeting minimum specifications shall be removed and replaced with no additional measurement and payment. * Measurement: Measurement shall be by the square yard of asphalt section replaced and accepted in the field. * Payment: Replace Existing Asphalt Section is paid for at the contract unit bid price per square yard of completed and accepted work. 16. Remove and Reset Existing Sigq with New Post: * General: This bid item includes the removal and installation of signs. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Hauling forming and construction of concrete post foundation; • Installation of new sign post sleeve and post; • Removal and disposal of existing sign posts; • Protection of existing sign and posts that are not scheduled for new posts; • Hardware necessary to install existing signs on new posts. * Measurement: Measurement shall be per each sign removed and reset. * Payment: Payment shall be at the contract bid price per each sign removed and reset. 17. Remove and Salvage Existing Bike Rack: * General: This bid item includes the removal and salvaging, to the City of Bozeman yard, of existing bike racks. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Removal and disposal of existing excess concrete and/or steel. * Measurement: Measurement shall be per each bike rack removed and salvaged. * Payment: Payment shall be at the contract bid price per each bike rack removed and salvaged to the City of Bozeman. 01000 - 16 18. Remove and Reset Existing Central Mailbox: * General: This bid item includes the removal and installation of existing mail boxes. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Removal and disposal of existing and excess concrete; • Protection and storage of mail box between removal and replacement; • Hardware,bolts, nuts, etc. necessary to reinstall the existing mail box once new sidewalk is complete. * Measurement: Measurement shall be per each central mailbox removed and reset. * Paten ent: Payment shall be at the contract bid price per each central mailbox removed and reset. 19. Curb Paint: * General: This bid item includes the painting of curb as shown on the project plans (the width being from the top back of curb to the flow line). * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Surface preparation and paint; • Cleaning pavement; • Cleanup. * Measurement: Measurement is per lineal foot of paint installed. * Payment: Payment shall be at the contract unit bid price per lineal foot of paint. 20. Tree with Grate and Guard: * General: This bid item includes the installation of new trees with the associated tree grate and guard. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Supplying, hauling, and placement of mulch; • Supplying, hauling, and placement of planting soil; • Wrapping and protecting trees during and throughout the warranty period; • Installation of tree grate support; • Cleanup. * Measurement: Measurement shall be per each tree with tree grate and guard installed. * Payment: Payment shall be at the contract bid price per each tree with tree grate and guard. 01000 - 17 21. Structural Concrete Pole Foundation: * General: This bid item includes the installation of new structural concrete light pole foundations. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified. * Measurement: Measurement shall be per each light pole foundation installed. * Pa ent: Payment shall be at the contract bid price per each light pole foundation installed. 22, 23. Conduit 1.5"PVC Sidewalk Trench/Street Trench): * General: This bid item includes the installation of new schedule 80 PVC conduit. * Work Included: * All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified; • Remove and replace asphalt and base course; • Supply, haul, place, and compact asphalt and base course; • Supply, haul, place, and compact backfill material. * Measurement: Measurement shall be per lineal foot of PVC conduit installed. * Payment: Payment shall be at the contract bid price per lineal foot of PVC conduit installed. 24. Pull Box Concrete Tvve 1: * General: This bid item shall include the installation of pull boxes. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified. * Measurement: Measurement shall be per each pull box installed. * Payment: Payment shall be made at the contract unit price bid per each pull box installed. 25. Conductor Cooper, #10 AWG Lighting and Ground: * General: This bid item shall include the installation of conductor wire. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified. * Measurement: Measurement shall be per lineal foot of conductor wire installed. * Pa ment: Payment shall be made at the contract unit price bid per lineal foot of conductor wire installed. 26. Install Owner Supplied Decorative Light Standard: General: This bid item shall include the installation of decorative Iight standards. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified. * Measurement: Measurement shall be per each decorative light standard installed. 01000 - 18 * Pument: Payment shall be made at the contract unit price bid per each decorative light standard installed. 27. Install Owner Supplied Luminaire Assembly— 100W MH: * General: This bid item shall include the installation of luminaire assemblies. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified. * Measurement: Measurement shall be per each luminaire assembly installed. * Payment: Payment shall be made at the contract unit price bid per each luminaire assembly installed. 28. Type C—Power Supply: * General: This bid item shall include the installation of type C—power supply. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified. • Coordination with utility provided to connect service to power supply. * Measurement: Measurement shall be per each type C—power supply installed. * Payment: Payment shall be made at the contract unit price bid per each type C-- power supply installed and in working order. 29. Improve Existing Sidewalk Vault: * General: This bid item shall include the rehabilitation and improvements to the existing sidewalk vault on Bozeman Avenue. * Work Included: • All labor, tools, equipment, materials, royalties and incidentals necessary to complete the work as specified and shown on the drawings; • Coordinate with the property owner in order to gain access to the vault and agree on an acceptable time to perform the required work; • Remove and dispose of existing vault lid; • Supply and place concrete; • Supply and place rebar; • Allowance for removal and replacement of cracked concrete; Supply and install structural steel; • Supply and install water proofing; • Supply and install metal decking; • Relocate lights and reroute conduit; • Remove and dispose of excess material; • Clean up. * Measurement: Measurement shall be one lump sum item for completion of the vault as shown on the drawings. * Payment: Payment shall be made at the contract lump sum price. Payment will be made upon completion of the vault and after inspection and approval of the engineer. 01000 - 19 THIS PAGE INTENTIONALLY LEFT BLANK CONSTRUCTION SPECIFICATIONS DIVISION 1 — GENERAL REQUIREMENTS SECTION 01570 CONSTRUCTION TRAFFIC CONTROL (TD&H Engineering Modification to the City of Bozeman Modifications to MPWSS) Modifications: PART 3 - EXECUTION. Paragraph 3.1.F ADD: Traffic control devices to be utilized during hours of darkness shall be lighted in addition to the requirements of Section 01570. PART 4—MEASUREMENT AND PAYMENT. Paragraph 4.1 DELETE and ADD: No separate measurement will be made for the various components and work items related to construction traffic control. The cost of all work related to construction traffic control shall be merged and included in the contract unit price for other items. Payment shall be full compensation for the cost of all signs, lights, traffic control devices, flag persons, water for dust control and other items necessary for traffic control. END OF SECTION 01570 - 1 THIS PAGE INTENTIONALLY LEFT BLANK CONSTRUCTION ,SPECIFICATIONS DIVISION 2- SITE WORK SECTIONS 02200 -EARTHWORK SECTION 02203 SITE GRADING AND EXCAVATION (TD&H Engineering Specification) 1. GENERAL. The Contractor shall perform all site grading and excavation work required on the site to the lines, dimensions, contours and elevations as indicated on the drawings or as otherwise required to complete the construction. This work shall include topsoil stripping, topsoil stockpiling and replacement in boulevards, seeding, site grading, preparation of subgrade for streets, materials removal and disposal, stabilizing subgrades, including stripping and compacting, construction of all required erosion control BMPs as shown on the final erosion control plan, final grading, dressing and cleanup of the site as required by the drawings and specifications. 1.11 Classification of Excavation. All excavation shall be unclassified and shall consist of all materials encountered. 2. APPLICABLE PUBLICATIONS. The publications listed below form a part of these specifications to the extent referenced. The publications are referred to in the text by the basic designation only. 2.1 American Association of State Highway and Transportation Officials (AASHTO� AASHTO T-88 Particle Size Analysis of Soils AASHTO T-89 Determining the Liquid Limit of Soils AASHTO T-90 Determining the Plastic Limit and Plasticity of Soils AASHTO T-99 Moisture-Density Relation of Soils using a 5.5 4b. Rammer and a 12-In. Drop 3. PRODUCTS. 3.1 Borrow. Where borrow excavation is necessary, the material shall be obtained from borrow areas approved by the Engineer. For off site borrow, the Contractor shall make all necessary arrangements to obtain borrow material, including all royalty and other charges involved. No additional payment will be made to the Contractor for imported borrow. Borrow material shall be selected to meet the requirements and conditions for backfill or embankment for which it is to be used. All borrow material shall be approved by the Engineer prior to depositing on the site. Upon completion of the work, all borrow areas, whether on or off site, shall be left in a neat and workmanlike condition. All borrow areas shall be left free draining with the approval of the property owner. 02203 - 1 4. EXECUTION. 4.1 Site Preparation. 4.1.A Topsoil. In all locations where grading is proposed on the site, as shown on the plans or described in the specifications, topsoil shall be removed to a point were organics are absent from the soil, stockpiled and conserved for potential placement in landscaped and nonstructural areas. An area for stockpiling topsoil will be shown on the plans, if a specific location is required. Areas to be topsoiled include detention ponds, the boulevard between the curb and sidewalk and the backfill behind the new sidewalks. These areas shall be backfilled or graded six inches below grade and refilled with topsoil to grade. 4.1.13 Trees and Shrubs. All areas to be excavated and all areas adjacent to new construction shall be cleared of trees, bushes, hedges and miscellaneous items as shown on the drawings. 4.1.C.1 Trees. Trees, which will interfere with new construction, shall be removed and disposed of at local sanitary landfills. Roots larger than 4 inches in diameter shall be removed to provide at least 6 inches vertical clearance below pavement subgrade and at least 12 inches vertical and horizontal clearance from all other new construction. When removal of roots endangers the stability of a tree, the tree shall be removed. Roots of trees, which are to remain, shall be removed where necessary to provide at least 18 inches clearance from back to curb, edge of sidewalk or other structures, at least 6 inches vertical clearance below subgrade and at least 12 inches vertical clearance below curbs, sidewalks, and other structures. No separate payment will be made for removal of roots. 4.l.D.2 Hedges and Shrubbery. Hedges and shrubbery directed to be removed shall be removed with care so as not to unnecessarily damage adjacent hedges and shrubbery, which are to remain. No separate payment will be made for hedge and shrubbery removal. 4.1.E Pavement Removal. Existing pavement shall be removed as indicated on the drawings or as otherwise required to complete construction. Existing pavement, consisting of bituminous surface course on rock or gravel base, shall be removed as part of the excavation. The pavement surface course along the edge of the pavement, which is to remain, shall be cut in a straight line so as to provide a reasonably straight and square edge for joining with the new surface course material. 4.2 Excavation to Grade. Excavation shall be made to the grade, dimensions and cross sections as shown on the drawings. Care shall be taken to insure that no excavation is made below grade or beyond the dimensions of the planned excavations. In the event that excavating is made beyond the above limits, the Contractor shall replace the excavated materials and compact the replaced material in accordance with subsection 4.5 at no additional cost to the Owner. 02203 - 2 4.3 Subgrade Preparation. Subgrade material shall be defined as the soil or other natural existing material in the area which supports finish grade topsoil or the subbase or base courses for pavements,curbs, sidewalks and parking areas or other structures. 4.4 Subgrade Protection. During construction, subgrades and excavations shall be kept shaped and drained. Ditches and drains along the subgrade shall be maintained to drain effectively at all times. Where ruts occur in the subgrade, the subgrade shall be re-established to grade, reshaped and recompacted prior to the placing of granular material, all at no additional cost to the Owner. The storing or stockpiling of materials on the subgrade will not be permitted, No granular fill or topsoil shall be laid until the subgrade has been inspected and approved. Under no circumstances shall granular material be placed on a muddy Subgrade, 4.5 Fill. Where fill is required, the fill shall be composed of sound earth, sand or gravel, free from organic matter or other objectionable foreign material. No stones having a maximum dimension greater than six inches shall be placed in a fill. The area to receive fill shall be stripped of all vegetation and other unsuitable material before fill is placed. Slopes shall have surfaces broken up in such a manner that fill material will bond with existing surface. The fill shall be placed in layers not exceeding six inches. In structural areas, the material in each layer shall be moistened-conditioned and shall be compacted to at least 95 percent of the maximum dry density as determined by AASHTO T-99. In nonstructural areas, such as landscaping, compaction to 85 percent is required. Wherever possible, all fill material shall be obtained from the excavation area. Borrow shall be taken from a source approved by the Engineer. 4.6 Finish Grading of Site. Promptly after completion of paving or other construction, the areas next to the improvements shall be shaped in accordance with the typical section or contours shown on the drawings, and brought to a uniform, smooth grade. Fill material placed in such areas shall be free from stones, sticks or other materials which will be objectionable for seeding or sodding purposes. The Contractor shall maintain the area until final acceptance of the project. 4.7 Water. Water shall be applied to the subgrade, fill or granular material to facilitate compaction. Water shall be applied by means of any approved self-propelled distributor having a minimum capacity of 1,000 gallons. Distributors shall be constructed so that they are capable of distributing water uniformly and at the rate within 10 percent of the quantity desired. The distributors shall have positive shutoff valves and shall not leak. 4.8 Disposal of Excess Material. Excess material such as excavation, rock, broken concrete, bituminous materials, debris or other materials not suitable for backfill or fill as determined by the Engineer, shall be removed from the site and wasted in an approved manner. Disposal costs shall be borne by the Contractor. Other disposal areas for concrete may be used by the Contractor provided written permission is obtained from the Owner of the property upon which the material is to be deposited. After all waste material has been placed in the disposal site, the Contractor shall grade the disposal site to leave the surface in a uniform, free draining condition. Stockpiled topsoil is not considered excess material and shall remain the property of the Owner. Any excess suitable excavation material shall remain the property of the Owner and shall be wasted onsite at the direction of the Engineer. 02203 - 3 4.9 Surface and Groundwater Disposal. Any trench area or excavation that could allow surface water or trench dewatering water to reach a flowing stream shall require the following: Dewatered or erosive surface water shall be diverted into a system allowing for sedimentation and filtration to maintain water qualities upon discharge to surface waters. Such systems shall meet the Montana Department of Environmental Quality and the Montana Fish, Wildlife and Parks Department requirements and all other applicable requirements and will be approved by the agencies prior to their use. Any operation not meeting these requirements shall be subject to shutdown of the project. All costs related to the removal of water, construction of the required sedimentation facilities and all related water transporting facilities such as pumps, pipelines, and ditches shall be considered incidental and merged with the contract unit prices for excavation and backfill. 4.10 Cleanup. Excess material will not be permitted to be accumulated and shall be removed concurrently with the finishing operation. Care will be taken to prevent the entrance of the material into drainage structures, other waterway, or storm sewers during the construction period. END OF SECTION 02203 4 CONSTRUCTION SPECIFICATIONS DIVISION 2— SITE WORK SECTION 02221 - EARTHWORK TRENCH EXCAVATION AND BACKFILL FOR PIPELINES AND APPURTENANT STRUCTURES (TD&H Engineering Modification to the City of Bozeman Modifications to MPWSS) Modifications: PART I —GENERAL. 1.3.A Standard Drawin&s. DELETE Standard Drawing No. 02221-2 Pipe Bedding Alternate. PART 2 —PRODUCT. 2,LA Type 1 Pipe Bedding_ DELETE: as written. ADD: Type 1 Pipe Bedding includes the material placed from 4 inches below the bottom of the pipe to the springline of the pipe. Type 1 bedding shall consist of a sandy gravel or fine gravel meeting the following gradation and uniformity conditions: % Passing Sieve Opening by Weil l" 100% 3✓4" 100% 318" 30%-60% No. 4 5%to 25% No. 8 0% to 10% No. 200 0% to 5% The bedding material shall have a maximum coefficient of uniformity (Cc = 260 } of 4. D10 The coefficient of curvature (Cc = M30)2 ) shall be between 1 and 3. Dio x D6o The plasticity index shall be less then 6. 02221 - 1 2.1.B Select Type 1 Bedding. DELETE as written. ADD: Select Type I. Bedding includes the material placed from the springline of the pipe to 6 inches over the top of the pipe. Select Type I Bedding shall be the same as Type 1 Bedding. 2.LC. Pipe Bedding Alternate. DELETE. Items 1, 2 and 3 2.1.1) TYPE 2 BEDDING. DELETE. 2.2.A Materials From Trench Excavation. ADD: Stones Iarger than 6 inches in their greatest dimension shall be excluded from the backfill and removed from the project site. PART 3 —EXECUTION. 3.LA General. ADD to Item 2: Contact all utilities including those not represented by One Call. 3.1.I. ADD: All areas disturbed during construction that are not under roadways shall be topsoiled, fertilized and seeded to dryland grass. 3.3 Trench Excavation. 3.3.B.2 Width. Revise the trench width for pipe over 18 inches in diameter to a minimum of 3 feet plus the pipe outside diameter and a maximum of 4 feet plus the pipe outside diameter. 02221 - 2 3.6.B.1 Pipe Bedding Placement. ADD: Compact Type 1 pipe bedding to at least 95 percent of the maximum dry density as determined by AASHTO T99 or ASTM D 698. 3.6.B.2.b Select Type 1 Bedding. ADD: Compact select Type I bedding to a minimum 95 percent of the maximum dry density as determined by AASHTO T99 or ASTM D 698. 3.6.B.3.a Tyipe 2 Bedding. ADD: Compact select Type 2 bedding to a minimum 95 percent of the maximum dry density as determined by AASHTO T99 or ASTM D 698, ADD: No Type 2 Bedding is anticipated on this project at the time the specifications were prepared. If it is determined that Type 2 Bedding is required unit cost will be negotiated at that time. 3.6.0 Trench Backfill. ADD: GROUNDWATER. The Contractor should satisfy himself as to the condition of groundwater prior to submission of his bid. When groundwater is encountered in the structure or trench excavation, the Contractor shall provide for dewatering as required to provide for stability and firmness of the foundation or trench below static water level. Such lowered water level shall be maintained until such time as the work is sufficiently advanced to be secure from damage by wetting. In areas where structural backfiIl or compacted embankment is required, the excavation shall be free of water prior to start of material backf 11. A Stormwater Pollution Prevention Plan that has been submitted to the Montana Department of Environmental Quality is included in the project plans. Water from any dewatering process or erosive water shall be diverted into the planned system allowing for sedimentation and filtration to maintain water qualities prior to discharge to surface waters. Any operation not meeting these requirements shall result in shutdown of the project. All costs related to any required treatment of the water shall be merged and included in the applicable related contract unit prices for related work. 02221 - 3 DRAINAGE. The Contractor shall control the grading in the vicinity of structures and trenches as much as possible so that the ground surface is properly sloped to prevent water from running into excavated areas. Water, which has accumulated in the excavation from rainfall and/or surface runoff, or from any other cause, shall be removed by the Contractor at his expense, and the subgrade shall be restored to proper bearing capacity. No separate payment for this work. MOISTURE CONDITIONING SOILS. Should the backfill material be too wet or too dry, drying or wetting prior to placement in the excavation shall be required. If, in the opinion of the Engineer, material excavated from the trench has become too wet to be used as backfill material due to inadequate de- watering methods, or, if suitable material excavated from the trench has been allowed to become too wet to be used as backfill, the Contractor, at his own expense, shall furnish approved backfill material. The work shall be performed in such a manner that when finished, the entire backfill shall have a uniform density. No separate payment for this work shall be made. END OF SECTION 02221 - 4 CONSTRUCTION SPECIFICATIONS DIVISION 2—SITE WORK SECTIONS 02200—EARTHWORK SECTION 02230 STREET EXCAVATION,BACKFILL AND COMPACTION (TD&H Engineering Modification to MPWSS) Modifications: PART 3 - EXECUTION. 3.4 Excavation. ADD: G. The Contractor should satisfy himself as to the condition of groundwater prior to submission of his bid. When groundwater is encountered in the excavation, the Contractor shall provide for dewatering as required to provide for stability and firmness of the foundation below static water level. Such lowered water Ievel shall be maintained until such time as the work is sufficiently advanced to be secure from damage by wetting. In areas where backfill or compacted embankment is required, the excavation shall be free of water prior to start of backfill material. No separate payment for this work shall be made. END OF SECTION 02230 - 1 THIS PAGE INTENTIONALLY LEFT BLANK CONSTRUCTION SPECIFICATIONS DIVISION 3 —CONCRETE SECTION 03210 REINFORCING STEEL (TD&H Engineering Modification to MPWSS) PART 4—MEASUREMENT AND PAYMENT, ADD: No separate measurement or payment will be made for the work in this section. All costs shall be merged and 'included in the contract price for the related construction. END OF SECTION 03210 - 1 THIS PAGE INTENTIONALLY LEFT BLANK CONSTRUCTION SPECIFICATIONS DIVISION 16—ELECTRICAL SECTION 16055 GENERAL ELECTRICAL REQUIREMENTS A. SCOPE OF WORK The electrical work to be done on this project includes the installation of City of Bozeman Supplied decorative poles and luminaries and supplying and installing associated pull boxes,conduits,wiring, and electrical services as indicated in the plan drawings. B. EQUIPMENT LIST AND DRAWINGS Carry out submittals in accordance with City of Bozeman requirements. C. GENERAL Consult the Project Manager and affected utility companies about work prior to commencement of work. Provide proper anchor bolt circle for all standards. Use resin core solder in all electrical soldered connections. Furnish and install only copper conductors of gauge indicated on the plans. D. DESCRIPTION OF MATERIALS AND INSTALLATION 1. Foundation—Concrete Foundations for poles to be cast-in-place, size and shape as noted on drawings. Notify the City of Bozeman when the anchor bolts for the poles are needed and transport the bolts from the location designated by the City to the project site. Sack-finish and round all edges to approximately 114" radius concrete surfaces above grade. Concrete shall meet the requirement of Section 03310, STRUCTURAL CONCRETE, M-4000. 2. Conduit—Plastic Use Schedule 80 PVC conduit. Embed plastic conduit in sand prior to compaction of select backfll, where appropriate. 3. Pull Box—Concrete Install pull boxes so surrounding ground slopes away from the pull box. 16055 - 1 4. Install City of Bozeman Supplied 100 Watt Luminaires and Pole Assembly The luminaire and pole assembly shall be as shown on the drawings and will be supplied by the City of Bozeman. Notify the City of Bozeman when the poles are needed and transport all poles and luminaires from the location designated by the City to the project site. Any damage to poles or luminaires that occurs after picking them up shall remain installed until inspected by Engineer. Contractor shall be responsible for repair or replacement of City supplied materials, if it is determined that damages have rendered the materials unsuitable for the project. Touch-up paint used to disguise scratches or marks may not be used without approval from Engineer. Touched-up areas not matching the luminaire or pole finish will be rejected. Pour concrete base plumb and level. Adjust leveling shims at base when leveling. Supply and install wiring in strict accordance with the National Electrical Code and manufacturers recommendations. 5. 200 Amp Service and Control Assembly Install electrical service assemblies as shown on the plans and coordinate hook-up with Northwestern Energy Company. Supply and install a service pedestal equivalent to the Millbank U3240-0-100 mobile home meter pedestal with a 100 amp main breaker with a Millbank PS-104 post stabilizing foot. Supply cabinet constructed of 16 gauge steel with a side-hinged lockable door, conforming to raintight standards per NEMA/EEMAC Type 3,4, 12 and 13 and containing equipment as indicated on the wiring diagram on the plans, equivalent to the Hoffman A20H16ALP enclosure with a A20P 16 panel. Install AWG No. 6 conductor, from the service connection point at the service cabinet to the controller. Install a two ground rods, separated by 6 feet, as indicated by the National Electric Code and as detailed in the wiring diagram and details with a AWG No. 6 bare solid copper ground wire. Supply and install meter bases, as approved by Northwestern Energy, on the service pole, as indicated on the plan details. Install photo-electrical cells equivalent to the Intermatic K-4000C Series, according to the manufacturer's specification and as detailed herein and on the plans.Use photo-electric controllers as shown on the wire diagram for service to control luminaires. Use photo-electric controllers rated at a minimum of 1000 watts, 120 volts and wired into the individual lighting power supplies. Control shall turn on at 1.30 +/- 0.5 footcandles and off at 6 +/-footcandles. Mount the photo-electric control at the bottom of the service cabinet as shown in the installation 16055 - 2 detail. All electrical services will be checked and tagged by the City Electrical Inspector prior to final acceptance. 6. Main Circuit Breaker Thermal-magnetic molded case,permanent trip,meeting the requirements of UL 489,NEMA AB 1, Federal Specification W-C-3 75B/GEN and NEC,size and type as noted on the drawings.Minimum I OK AIC interrupting capacity. Circuit breakers shall have the following features: a. Over center, trip-free, toggle operating mechanism providing quick-make, quick-break contact action. b. Common tripping of all poles. c. Handle shall reside in"tripped"position midpoint between"ON"and"OFF"to provide local trip indication. 7. Conductors a. Type THIIN/TITWN insulated conductors shall be used in wet or dry locations unless otherwise indicated on the drawings. Type THHN shall be used where required, including within fluorescent fixtures. #10 AWG and smaller shall be solid except where noted otherwise. Conductors shall be color coded in accord with the following table: Voltage Phase A Phase B Neutral Ground 120/240 Delta Black Red White Green #8 conductor and smaller shall be factory color-coded.Larger sizes may be field taped,minimum six apart at all exposed locations. No joints,taps or splices in feeders are permitted except where existing feeders are extended,and only if also noted on the drawings with approved connectors. Lubricant,where used or recommended by the wire manufacturer for pulling in large conductors, shall not damage conductor insulation. Assure that conductor is clean before pulling and is not allowed to set for more than two hours. 16055 - 3 Conductors shall be of American manufacture and in accordance with the requirements of the National Electrical Code and the Underwriters Laboratories. Conductors shall be copper. Aluminum is not acceptable. b. 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